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Home My WebLink AboutLUA-05-090Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 DEVELOPMENT P CITY OF RENT~%N/NG JUL 262005 Monday, July 25, 2005 12:00:22 PM G: \225~~~~~~~D NEW PROJECT PROJECT: CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 1 Point Number Bearing Description Distance 247 NE lot 1 N89°08'05"W 50.01 262 SOOo13'59"E 95.02 263 S89°08'05"E 24.53 386 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 248 NE lot 1 NOOo13'59"W 69.53 247 Closing latitude Closing departure Closing bearing Closing distance NE lot Total traverse length Total error of closure 1 Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7393.25393 0+50.01 7394.00915 1+45.03 7298.98993 1+69.55 7298.61950 249 7323.61664 25.00 , 91°05'55" Left 39.75 , N45°18'58"E 35.69 , 7.49 , 10.70 , 229°10'59" Arc Definition 25.48 , 2+09.30 2+78.84 -0.00798 0.00208 N14°35'54"W 0.00825 7298.23725 7323.71652 7393.24594 274.78 (278.84) 1/33306 1/34417 1/132147 4610.78 SQ FT 0.11 ACRES Easting Elevation 4042.56387 3992.55957 0.00 3992.94608 0.00 4017.47328 4017.85081 RP lot 1 4042.95052 4042.84877 4042.56595 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 2 Point Number Bearing Description Distance 262 N89°08'05"W 264 SOOo13'59"E 265 S89°08'05"E 263 NOOo13'59"W 262 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7394.00917 7394.61337 7299.59416 7298.98995 7394.00917 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3992.55884 0.00 3952.55340 0.00 3952.93990 0.00 3992.94534 0.00 3992.55884 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 3 Point Number Bearing Description Distance 264 N89°08'05"W 266 SOOo13'59"E 267 S89°08'05"E 265 NOOo13'59"W 264 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7394.61337 7395.21758 7300.19836 7299.59416 7394.61337 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3952.55605 0.00 3912.55061 0.00 3912.93711 0.00 3952.94255 0.00 3952.55605 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 4 Point Number Bearing Description Distance 266 N89°08'05"W 268 SOOo13'59"E 269 S89°08'05"E 267 NOOo13'59"W 266 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7395.21757 7395.82178 7300.80257 7300.19836 7395.21757 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3912.55326 0.00 3872.54782 0.00 3872.93432 0.00 3912.93976 0.00 3912.55326 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 5 Point Number Bearing Description Distance 268 N89°08'05"W 270 SOOo13'59"E 271 S89°08'05"E 269 NOOo13'59"W 268 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 42.01 95.02 42.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+42.01 1+37.03 1+79.03 2+74.05 -0.00000 0.00000 N90000'00''W 0.00000 Northing 7395.82178 7396.45619 7301.43697 7300.80257 7395.82178 274.06 (274.05) 1/999999 1/999999 1/999999 3990.73 SQ FT 0.09 ACRES Easting Elevation 3872.55047 0.00 3830.54526 0.00 3830.93176 0.00 3872.93697 0.00 3872.55047 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 6 Point Number Bearing Description Distance 270 N89°08'05"W 272 SOOo13'59"E 273 S89°08'05"E 271 NOOo13'59"W 270 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 42.01 95.02 42.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+42.01 1+37.03 1+79.03 2+74.05 -0.00000 0.00000 N90000'00''W 0.00000 Northing 7396.45619 7397.09060 7302.07139 7301.43698 7396.45619 274.06 (274.05) 1/999999 1/999999 1/999999 3990.73 SQ FT 0.09 ACRES Easting Elevation 3830.54754 0.00 3788.54233 0.00 3788.92883 0.00 3830.93404 0.00 3830.54754 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 7 Point Number Bearing Description Distance 272 N89°08'05"W 274 SOOo13'59"E 275 S89°08'05"E 273 NOOo13'59"W 272 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7397.09061 7397.69481 7302.67560 7302.07l40 7397.09061 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3788.54461 0.00 3748.53917 0.00 3748.92567 0.00 3788.93111 0.00 3788.54461 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:22 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 8 Point Number Bearing Description Distance 274 N89°08'05"W 276 SOOo13'59"E 277 S89°08'05"E 275 NOOo13'59"W 274 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 35.01 95.02 35.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+35.01 1+30.02 1+65.03 2+60.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7397.69481 7398.22351 7303.20430 7302.67560 7397.69481 260.06 (260.05) 1/999999 1/999999 1/999999 3325.61 SQ FT 0.08 ACRES Easting Elevation 3748.54182 0.00 3713.53581 0.00 3713.92231 0.00 3748.92832 0.00 3748.54182 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 9 Point Number Bearing Description Distance 276 N89°08'05"W 278 SOOo13'59"E 279 S89°08'05"E 277 NOOo13'59"W 276 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 35.01 95.02 35.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+35.01 1+30.02 1+65.03 2+60.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7398.22349 7398.75219 7303.73298 7303.20428 7398.22349 260.06 (260.05) 1/999999 1/999999 1/999999 3325.61 SQ FT 0.08 ACRES Easting Elevation 3713.53938 0.00 3678.53337 0.00 3678.91987 0.00 3713.92588 0.00 3713.53938 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 10 Point Number Bearing Description Distance 278 N89°04'56"W 280 SOOo13'59"E 281 S89°08'05"E 279 NOOo13'59"W 278 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 35.01 95.05 35.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+35.01 1+30.06 1+65.06 2+60.08 0.00208 0.00062 S16°39'30"W 0.00217 Northing 7398.75217 7399.31295 7304.26373 7303.73503 7398.75425 260.09 (260.08) 1/120028 1/125287 1/418710 .3326.17 SQ FT 0.08 ACRES Easting Elevation 3678.53693 0.00 3643.53143 0.00 3643.91805 0.00 3678.92406 0.00 3678.53756 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 10 Point Number Bearing Description Distance 280 N89°10'17"W 50.01 282 SOOo13'59"E 96.38 283 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 385 S89°08'05"E 36.53 281 NOOo13'59"W 95.05 280 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7399.31283 0+50.01 7400.03605 1+46.39 7303.65685 239 7237.82523 67.00 , 11°34'52" Right 13.54 , N85°04'29"E 13.52 , 0.34 , 0.34 , 85°30'58" Arc Definition 6.79 , 1+59.93 1+96.47 2+91.51 0.00236 -0.00345 S55°39'09"E 0.00418 7304.91852 7304.81763 7304.26597 7399.31519 291.49 (291.51) 1/69789 1/123693 1/84528 4757.78 SQ FT 0.11 ACRES Easting Elevation 3643.53436 0.00 3593.52959 0.00 3593.92163 0.00 3606.37948 Calc CL RP 3600.59926 3607.39170 0.00 3643.91754 0.00 3643.53092 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 12 Point Number Bearing Description Distance 282 N89°04'09"W 50.01 284 SOOo13'59"E 102.38 285 S52°25'46"E 20.22 418 LOT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 283 NOOo13'59"W 96.38 282 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7400.03611 0+50.01 7400.84854 1+52.39 7298.46939 1+72.61 7286.14048 239 7237.81966 67.00 , 33°07'48" Right 38.74 , N62°43'09"E 38.20 , 2.78 , 2.90 , 85°30'58" Arc Definition 19.93 , 7299.94958 2+11.35 7303.64954 3+07.73 7400.02874 -0.00736 -0.00152 Nll°41'16"E 0.00752 307.19 (307.73) 1/40858 1/41723 1/201690 5247.45 SQ FT 0.12 ACRES Easting Elevation 3593.53101 0.00 3543.52761 0.00 3543.94404 0.00 3559.97048 3606.38274 Calc CL RP 3574.34178 3593.92152 0.00 3593.52948 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 13 Point Number Bearing Description Distance 284 N89°12'01"W 50.01 292 SOOo13'59"E 112.02 293 S89°08'05"E 19.42 347 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 416 PT S52°25'46"E 20.87 417 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 418 LOT N52°25'46"W 20.22 285 NOOo13'59"W 102.38 284 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta Northing 0+00.00 7400.84860 0+50.01 7401.54660 1+62.03 7289.52753 1+81.45 7289.23426 413 7259.23768 30.00 , 36°42'19" Right 19.22 , S70046'56"E 18.89 , 1. 53 , 1. 61 , 190°59'09" Arc Definition 9.95 , 7289.08340 2+00.67 7283.01643 2+21.53 7270.29120 239 7237.82260 67.00 , 17°10'03" Right 20.08 , N37°34'14"E 20.00 , 0.75 , 0.76 , 85°30'58" Arc Definition 10.11 , 7279.13869 2+41.61 7286.14327 2+61.83 7298.47217 3+64.20 7400.85132 0.00272 -0.00084 S17°08'23"E 0.00285 363.81 (364.20) 1/127640 1/133572 1/433116 6013.01 SQ FT 0.14 ACRES Easting Elevation 3543.52729 0.00 3493.52216 0.00 3493.97781 0.00 3513.39559 0.00 3512.94255 RP 3523.34737 3531.23293 0.00 3547.77456 3606.38164 Calc CL RP 3552.67512 3559.96932 3543.94288 0.00 3543.52645 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 14 Point Number Bearing Description Distance 292 N89°08'05"W 378 S02°02'50"W 362 SOOo04'09"W 348 S89°08'05"E 293 NOOo13'59"W 292 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 46.27 87.63 24.39 49.89 112.02 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+46.27 1+33.90 1+58.29 2+08.18 3+20.20 0.00036 0.00407 S85°00'06"W 0.00409 Northing 7401.54662 7402.24536 7314.67129 7290.28131 7289.52790 7401.54697 320.20 (320.20) 1/78314 1/898855 1/78613 5421. 63 SQ FT 0.12 ACRES Easting Elevation 3493.52403 0.00 3447.25931 0.00 3444.12889 0.00 3444.09944 0.00 3493.98375 0.00 3493.52810 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 15 Point Number Bearing Description Distance 348 SOOo18'00"W 52.07 349 S89°46'25"E 95.55 350 NOOo13'35"E 0.25 384 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 417 PT N52°25'46"W 20.87 416 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 347 N89°08'05"W 69.30 348 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , Sta Northing 0+00.00 7290.28036 0+52.07 7238.21107 1+47.62 7237.83353 1+47.88 7238.08353 239 7237.81880 67.00 , 28°45'37" Right 33.63 , N14°36'24"E 33.28 , 2.10 , 2.17 , 85°30'58" Arc Definition 17.18 , 7255.26615 1+81.51 7270.28791 2+02.37 7283.01314 413 7259.23505 30.00 , 36°42'19" Left 19.22 , N70046'56"W 18.89 , 1. 53 , 1. 61 , 190°59'09" Arc Definition 9.95 , 7289.08340 2+21.59 7289.23097 2+90.90 7290.27749 -0.00286 -0.00084 N16°26'49"E 0.00298 290.21 (290.90) 1/97282 1/101433 1/343601 4925.98 SQ FT 0.11 ACRES Easting Elevation 3444.09953 0.00 3443.82690 0.00 3539.37615 0.00 3539.37714 0.00 3606.37661 Calc CL RP 3539.44955 3547.76975 3531.22813 0.00 3512.93599 RP 3523.34737 3513.39078 0.00 3444.09869 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 16 Point Number Bearing Description Distance 349 SOOo13'35"W 363 SOl°52'41"W 351 S89°46'25"E 352 NOOo13'35"E 350 N89°46'25"W 349 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 18.67 21. 34 96.17 40.00 95.55 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+18.67 0+40.01 1+36.18 1+76.18 2+71. 73 -0.00115 0.00491 N76°47'13"W 0.00505 Northing 7238.21258 7219.54273 7198.21419 7197.83420 7237.83389 7238.21143 271. 73 (271. 73) 1/53854 1/235612 1/55319 3828.74 SQ FT 0.09 ACRES Easting Elevation 3443.82690 0.00 3443.75313 0.00 3443.05376 0.00 3539.22301 0.00 3539.38106 0.00 3443.83181 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 17 Point Number Bearing Description Distance 351 SOl°52'41"W 364 SOl°48'37"E 353 S89°46'25"E 354 NOOo13'35"E 352 N89°46'25"W 351 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 16.36 23.66 95.80 40.00 96.17 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+16.36 0+40.02 1+35.82 1+75.82 2+7l.99 0.00175 -0.00068 S21°23'15"E 0.00188 Northing 7l98.21533 7l81.86412 7l58.21592 7l57.83740 7l97.83708 7l98.2l707 271.99 (271.99) 1/145042 1/155769 1/397732 3851.85 SQ FT 0.09 ACRES Easting Elevation 3443.05370 0.00 3442.51754 0.00 3443.26496 0.00 3539.06421 0.00 3539.22226 0.00 3443.05301 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 18 Point Number Bearing Description Distance 353 SOl°48'37"E 365 S03°56'41"W 355 S89°46'25"E 356 NOOo13'35"E 354 N89°46'25"W 353 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 22.52 17.53 96.14 40.00 95.80 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+22.52 0+40.05 1+36.19 1+76.19 2+71.99 0.00111 0.00350 S72°18'54"W 0.00367 Northing 7158.21418 7135.70542 7118.21695 7117.83708 7157.83677 7158.21529 271. 99 (271. 99) 1/74142 1/244062 1/77820 3818.95 SQ FT 0.09 ACRES Easting Elevation 3443.26497 0.00 3443.97638 0.00 3442.77042 0.00 3538.90967 0.00 3539.06772 0.00 3443.26847 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 19 Point Number Bearing Description Distance 355 S03°56'41"W 6.34 366 SOO022'58"E 27.43 367 S15°40'24"E 6.49 357 S89°46'25"E 98.98 358 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 383 NOOo13'35"E 1. 02 356 N89°46'25"W 96.14 355 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta Northing 0+00.00 7118.21582 0+06.34 7111. 89084 0+33.77 7084.46145 0+40.26 7078.21277 1+39.24 7077.82168 236 7116.14370 171.00 , 13°10'36" Right 39.33 , N06°21'43"W 39.24 , 1.13 , 1.14 , 33°30'23" Arc Definition 19.75 , 1+78.57 1+79.59 2+75.73 0.00407 -0.00375 S42°38'46"E 0.00553 7097.06621 7116.82003 7117.84002 7118.21989 275.64 (275.73) 1/49857 1/67782 1/73594 3907.43 SQ FT 0.09 ACRES Easting Elevation 3442.77047 0.00 3442.33432 0.00 3442.51757 0.00 3444.27086 0.00 3543.25009 0.00 3709.90069 Calc CL RP 3538.82448 3538.90195 0.00 3538.90598 0.00 3442.76673 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 20 Point Number Bearing Description Distance 357 S15°40'24"E 41. 59 359 S89°46'25"E 101.38 360 N21°12'11"W 17.73 382 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 358 N89°46'25"W 98.98 357 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7078.20958 0+41.59 7038.16600 1+42.97 7037.76542 1+60.70 7054.29518 236 7116.14148 171.00 , 8°15'10" Right 24.63 , N17°04'36"W 24.61 , 0.44 , 0.44 , 33°30'23" Arc Definition 12.34 , 1+85.33 2+84.31 0.00170 -0.00362 S64°47'39"E 0.00400 7065.79570 7077.820l9 7078.21128 284.29 (284.31) 1/71058 1/166853 1/78536 3984.28 SQ FT 0.09 ACRES Easting Elevation 3444.27159 0.00 3455.50723 0.00 3556.88644 0.00 3550.47395 0.00 3709.89802 Calc CL RP 3546.01525 3543.24720 0.00 3444.26797 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 21 Point Number Bearing Description Distance 359 S15°40'24"E 368 S05°22'27"E 376 N75°43'20"E 375 N21°12'll"W 360 N89°46'25"W 359 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 8.99 51. 23 110.02 34.46 101.38 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+08.99 0+60.22 1+70.24 2+04.70 3+06.08 0.00073 0.00598 S83°02'12"W 0.00602 Northing 7038.16487 7029.50914 6978.50433 7005.63781 7037.76503 7038.16560 306.08 (306.08) 1/50805 1/419063 1/51183 4863.33 SQ FT 0.11 ACRES Easting Elevation 3455.50749 0.00 3457.93616 0.00 3462.73433 0.00 3569.35597 0.00 3556.89268 0.00 3455.51347 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 22 Point Number Bearing Description Distance 376 S05°22'27"E 369 S07°06'36"E 370 S14°15'58"E 371 N65°56'22"E 377 N21°12'11"W 375 S75°43'20"W 376 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 3.48 37.03 14.56 121. 09 34.42 110.02 Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta 0+00.00 0+03.48 0+40.51 0+55.07 1+76.16 2+10.58 3+20.60 0.00412 -0.00410 S44°50'26"E 0.00581 Northing 6978.50501 6975.04030 6938.29505 6924.18406 6973.55268 7005.64261 6978.50913 320.60 (320.60) 1/55179 1/77818 1/78253 5132.04 SQ FT 0.12 ACRES Easting Elevation 3462.73471 0.00 3463.06064 0.00 3467.64402 0.00 3471.23198 0.00 3581.80108 0.00 3569.35225 0.00 3462.73061 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT A Point Number Bearing Description Distance 371 SI4°15'58"E 15.53 426 SI8°44'43"E 41. 02 427 SI5°28'25"E 31. 95 428 S29°17'44"E 24.85 429 S48°58'19"E 21. 28 430 S39°52'10"E 25.26 431 S56°09'40"E 30.42 432 S82°09'26"E 25.82 433 S79°09'12"E 32.66 434 S79°27'24"E 60.33 435 S03°14'OI"W 8.89 436 S89°14'38"E 33.73 346 NOO045'22"E 101. 62 345 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 381 N21°12'II"W 17.84 377 S65°56'22"W 371 Closing latitude Closing departure Closing bearing Closing distance Total traverse length 121. 09 , , , , , , , , , , , , , , , Sta Northing 0+00.00 6924.18015 0+15.53 6909.12907 0+56.55 6870.28491 0+88.50 6839.49298 1+13.34 6817.82112 1+34.62 6803.85232 1+59.88 6784.46509 1+90.30 6767.52542 2+16.13 6764.00215 2+48.79 6757.85615 3+09.12 6746.81702 3+18.01 6737.94117 3+51.74 6737.49606 4+53.36 6839.10721 233 7027.80174 196.00 , 53°06'16" Right 181.66 , N47°45'19"W 175.23 , 20.67 , 23.11 , 29°13'57" Arc Definition 97.95 , 6865.60369 6+35.02 6956.91410 6+52.86 6973.54641 7+73.95 6924.17779 -0.00236 -0.00170 N35°44'45"E 0.00291 767.52 (773.95) Easting Elevation 3471.23295 0.00 3475.05994 0.00 3488.24218 0.00 3496.76627 0.00 3508.92574 0.00 3524.97912 0.00 3541.17181 0.00 3566.43886 0.00 3592.01735 0.00 3624.09385 0.00 3683.40529 0.00 3682.90383 0.00 3716.63089 0.00 3717.97190 0.00 3770.98488 Calc CL RP 3623.67677 3588.25262 0.00 3581.80035 0.00 3471.23125 0.00 Centre Ppinte surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT otal error of closure Error of closure in latitude Error of closure in departure Area Area = 1/263928 1/325188 1/451786 32922.40 SQ FT 0.76 ACRES PROJECT: G:\2257\2257.pro Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 23 Point Number Bearing Description Distance 346 S89°14'38"E 50.00 344 NOO045'22"E 95.00 343 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 345 SOO045'22"W 101. 62 346 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6737.49824 0+50.00 6736.83843 1+45.00 6831.83016 233 7027.80556 196.00 , 14°47'06" Right 50.58 , N81°41'59"W 50.44 , 1. 63 , 1. 64 , 29°13'57" Arc Definition 25.43 , 1+95.58 2+97.20 0.00233 -0.00336 S55°12'50"E 0.00409 6832.23380 6839.11173 6737.50058 297.06 (297.20) 1/72646 1/127333 1/88454 4860.76 SQ FT 0.11 ACRES Easting Elevation 3716.63020 0.00 3766.62584 0.00 3767.87949 0.00 3770.98472 Calc CL RP 3742.45286 3717.96784 0.00 3716.62684 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 24 Point Number Bearing Description Distance 344 S89°14'38"E 50.00 342 NOO045'22"E 95.00 341 N89°14'38"W 49.48 380 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 343 SOO045'22"W 95.00 344 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 6736.83852 0+50.00 6736.17871 1+45.00 6831.17044 1+94.48 6831.82339 233 7027.80632 196.00 , 0°09'06" Right 0.52 , N89°10'05"W 0.52 , 0.00 , 0.00 , 29°13'57" Arc Definition 0.26 , 1+95.00 2+90.00 0.00069 0.00001 S00047'38"W 0.00069 6831.82683 6831.83094 6736.83921 290.00 (290.00) 1/421363 1/421404 1/30405911 4750.00 SQ FT 0.11 ACRES Easting Elevation 3766.62584 0.00 3816.62149 0.00 3817.87513 0.00 3768.39944 0.00 3770.98591 Calc CL RP 3768.13878 3767.87950 0.00 3766.62585 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 25 Point Number Bearing Description Distance 342 S89°14'38"E 340 NOOo45'22"E 339 N89°14'38"W 341 SOOo45'22"W 342 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6736.17880 6735.51899 6830.51072 6831.17053 6736.17880 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3816.62149 0.00 3866.61714 0.00 3867.87078 0.00 3817.87514 0.00 3816.62149 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 26 Point Number Bearing Description Distance 340 S89°14'38"E 338 NOOo45'22"E 337 N89°14'38"W 339 SOOo45'22"W 340 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'OO''W 0.00000 Northing 6735.51908 6734.85927 6829.85099 6830.51081 6735.51908 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3866.61714 0.00 3916.61279 0.00 3917.86643 0.00 3867.87078 0.00 3866.617l4 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 27 Point Number Bearing Description Distance 338 S89°14'38"E 336 NOOo45'22"E 335 N89°14'38"W 337 SOOo45'22"W 338 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6734.85936 6734.19954 6829.19127 6829.85108 6734.85936 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3916.61279 0.00 3966.60843 0.00 3967.86208 0.00 3917.86643 0.00 3916.61279 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown 'are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 28 Point Number Bearing Description Distance 336 S89°14'38"E 374 NOOo45'22"E 373 N89°14'38"W 335 SOOo45'22"W 336 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50,.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'OO"W 0.00000 Northing 6734.19963 6733.53982 6828.53155 6~29.19136 6734.19963 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3966.60843 0.00 4016.60408 0.00 4017.85772 0.00 3967.86208 0.00 3966.60843 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 29 Point Number Bearing Description Distance 374 S89°14'38"E 53.65 214 NOOo13'59"W 65.95 259 Lot 29 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 257 Lot 29 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 379 N89°14'38"W 22.66 373 SOO045'22"W 374 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 6733.53991 0+53,.65 6732.83193 1+19.60 6798.78139 258 6902.67192 225.00 , 4°03'45" Right 15.95 , N25°28'07"W 15.95 , 0.14 , 0.14 , 25°27'53" Arc Definition 7.98 , 6805.85882 1+35.55 6813.18138 256 6803.23789 25.00 , 65°48'26" Left 28.71 , N56°20'25"W 27.16 , 4.01 , 4.78 , 229°10'59" Arc Definition 16.18 , 6828.01921 1+64.27 6828.23507 1+86.93 6828.53410 2+81.93 6733.54237 0.00246 0.00018 S04°05'15"W 0.00246 280.37 (281.93) 1/113854 1/114145 1/1597256 4776.05 SQ FT 0.11 ACRES Easting Elevation 4016.60408 0.00 4070.24941 4069.98115 4269.56010 Bremerton 4066.29765 4063.12239 0.00 4040.18493 Lot 29 RP 4056.69108 4040.51593 4017.85790 0.00 4016.60426 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:23 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 30 Point Number Bearing Description Distance 308 N89°08'05"W 313 SOOo45'22"W 314 S89°14'38"E 387 . 49.46 ' 96.08 ' 25.68 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 411 NOTE: The set is not closed. Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+03.00 6966.17897 0+52,.46 6966.92589 1+48.54 6870.85425 1+74.22 6870.51537 409 6895.51320 25.00 , 90°59'21" Left 39.70 , N45°15'41"E 35.66 , 7.48 , 10.66 , 229°10'59" Arc Definition 25.44 , 6870.18119 2+13.92 -70.56347 0.28571 NOOo13'55"W 70.56405 6895.61550 206.88 (210.92) 1/2 1/2 1/724 4689.55 SQ FT 0.11 ACRES Easting Elevation 4044.30178 0.00 3994.84742 0.00 3993.57952 0.00 4019.25728 4019.58719 25'RP 4044.69246 4044.58748 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 31 Point Number Bearing Description Distance 313 N89°08'05"W 315 SOOo45'22"W 316 S89°14'38"E 314 NOOo45'22"E 313 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 96.15 40.00 96.08 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40,.00 1+36.16 1+76.16 2+72.23 0.00621 0.00015 SOl°25'32"W 0.00621 Northing 6966.92592 6967.52997 6871.38835 6870.86050 6966.93213 272.23 (272.23) 1/43815 1/43829 1/1761069 3844.67 SQ FT 0.09 ACRES Easting Elevation 3994.84826 0.00 3954.85282 0.00 3953.58400 0.00 3993.58052 0.00 3994.84842 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 32 Point Number Bearing Description Distance 315 N89°08'05"W 317 SOOo45'22"W 318 S89°14'38"E 316 NOOo45'22"E 315 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 96.23 40.00 96.15 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40,.00 1+36.23 1+76.23 2+72.39 -0.00379 0.00002 NOOo20'32"W 0.00379 Northing 6967.53001 6968.13407 6871.91245 6871.38460 6967.52622 272.38 (272.39) 1/71905 1/71906 1/12041681 3847.72 SQ FT 0.09 ACRES Easting Elevation 3954.85275 0.00 3914.85731 0.00 3913.58744 0.00 3953.58395 0.00 3954.85277 0.00 Centre Pointe Surveying 3370.1 9th Avenue South Federal Way, WA 980.0.3 253-661-190.1 Monday, July 25, 20.0.5 12:0.0.:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 33 Point Number Bearing Description Distance 317 N89°D8'D5"W 319 SDD045'22"W 320. S89°14'38"E 318 NDD045'22"E 317 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40..0.0. 96.31 40..0.0. 96.23 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0.+0.0..0.0. 0.+40.. DO. 1+36.31 1+76.31 2+72.54 -0..0.0.379 0..0.0.0.0.2 NDD02D'32"W 0..0.0.379 Northing 6968.13410. 6968.73816 6872.43654 6871.90.869 6968.130.32 272.54 (272.54) 1/71947 1/71948 1/120.48755 3850..78 SQ FT 0..0.9 ACRES Easting Elevation 3914.85724 0..0.0. 3874.86180. 0..0.0. 3873.590.87 0..0.0. 3913.58739 0..0.0. 3914.85726 0..0.0. Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 34 Point Number Bearing Description Distance 319 N89°08 I 05"W 40.00 309 S12°24 1 54"W 67.73 398 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 415 PT S89°14 1 38"E 29.20 320 NOO045 1 22"E 96.31 319 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area 1 1 1 1 Sta Northing 0+00.00 6968.73820 0+40,.00 6969.34225 1+07.72 6903.19605 414 6897.82127 25.00 1 101°39 1 32" Left 44.36 1 S38°24 1 52"E 38.76 1 9.21 1 14.58 1 229°10 1 59" Arc Definition 30.69 1 1+52.08 1+81. 28 2+77.59 0.00425 -0.00505 S49°55 1 12"E 0.00660 6873.22911 6872.82616 6872.44083 6968.74244 272.00 (277.59) 1/41235 1/64045 1/53892 4599.17 SQ FT 0.11 ACRES Easting Elevation 3874.86173 0.00 3834.86629 0.00 3820.30495 3844.72035 25 1 RP 3813.71259 3844.38829 3873.58575 0.00 3874.85668 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 35 Point Number Bearing Description Distance 421 N89°08'05"W 307 S12°24'54"W 309 S89°08'05"E 312· N05°19'29"E 421 Closing latitude Closing departure Closing bearing Closing distance LOT LOT Total traverse length Total error of closure 100.15 37.00 104.73 36.36 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+00.15 1+37.15 2+41.87 2+78.23 -0.00086 -0.00097 N48°33'23"E 0.00130 Northing 7003.96377 7005.47617 6969.34138 6967.75981 7003.96291 278.24 (278.23) 1/214187 1/323603 1/285733 3713.34 SQ FT 0.09 ACRES Easting Elevation 3942.96051 3842.82193 0.00 3834.86726 0.00 3939.58532 0.00 3942.95953 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 36 Point Number Bearing Description Distance 261 N89°08'05"W 95.79 305 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 397 S12°24'54"W 27.18 307 S89°08'05"E 100.15 421 LOT N05°19'29"E 36.36 261 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7040.16694 0+95,.79 7041. 61350 244 7079.53594 221. 00 , 2°32'05" Right 9.78 , Sll°08'52"W 9.78 , 0.05 , 0.05 , 25°55'32" Arc Definition 4.89 , 7036.79703 1+05.56 7032.01803 1+32.74 7005.47361 2+32.89 7003.96120 2+69.25 7040.16430 -0.00264 -0.00060 N12°53'57"E 0.00271 269.26 (269.25) 1/99533 1/102109 1/445865 3547.99 SQ FT 0.08 ACRES Easting Elevation 3946.33468 0.00 3850.55560 0.00 3632.83356 Calc CL RP 3849.72032 3848.66473 0.00 3842.82128 0.00 3942.95986 3946.33407 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 37 Point Number Bearing Description Distance 305 S89°08'05"E 261 N01°36'31"E 422 N89°08'05"W 303 95.79 ' 36.25 ' 93.53 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 305 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 7041. 61353 7040.16697 1+32.04 7076.40268 2+25.57 7077.81511 7079.53261 244 221.00 ' 9°26'07" Right 36.39 ' S05°09'46"W 36.35 ' 0.75 ' 0.75 ' 25°55'32" Arc Definition 18.24 ' 2+61.97 -0.00095 0.00637 N81°33'34"W 0.00644 7059.58092 7041.61258 261. 92 (261. 97) 1/40661 1/277023 1/41107 3413.26 SQ FT 0.08 ACRES Easting Elevation 3850.55924 0.00 3946.33831 0.00 3947.35592 3853.83658 0.00 3632.84326 Calc CL RP 3853.68872 3850.56561 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 38 Point Number Bearing Description Distance 422 NOOo13'59"W 36.26 423 N89°08'05"W 93.52 301 SOOo13'59"E 33.64 396 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 303 S89°08'05"E 93.53 422 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7076.40570 0+36,.26 7112.66540 1+29.77 7114.07768 1+63.41 7080.43796 244 7079.53902 221.00 , 0°40'42" Right 2.62 , SOOo06'22"W 2.62 , 0.00 , 0.00 , 25°55'32" Arc Definition 1. 31 , 7079.12652 1+66.03 7077.81796 2+59.56 7076.40553 -0.00017 -0.00551 N88°15'06"E 0.00551 259.57 (259.56) 1/47083 1/1543269 1/47105 3390.01 SQ FT 0.08 ACRES Easting Elevation 3947.35245 3947.20496 3853.69562 0.00 3853.83245 0.00 3632.83428 Calc CL RP 3853.84060 3853.82760 0.00 3947.34694 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 39 Point Number Bearing Description Distance 423 NOOo13'59"W 424 N89°08'05"W 311 SOOo13'59"E 301· S89°08'05"E 423 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.01 93.52 50.01 93.52 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.01 1+43.53 1+93.54 2+87.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7112.66206 7162.67165 7164.08393 7114.07434 7112.66206 287.06 (287.05) 1/999999 1/999999 1/999999 4675.86 SQ FT 0.11 ACRES Easting Elevation 3947.20490 3947.00149 3853.49215 0.00 3853.69557 0.00 3947.20490 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 40 Point Number Bearing Description Distance 424 NOOo13'59"W 425 N89°08'05"W 299 SOOo13'59"E 311· S89°08'05"E 424 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.01 93.52 50.01 93.52 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.01 1+43.53 1+93.54 2+87.05 0.00000 0.00000 N90000'OO''W 0.00000 Northing 7162.67084 7212.68043 7214.09271 7164.08312 7162.67084 287.06 (287.05) 1/999999 1/999999 1/999999 4675.86 SQ FT = 0.11 ACRES Easting Elevation 3947.00140 3946.79798 3853.28864 0.00 3853.49206 0.00 3947.00140 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 41 Point Number Bearing Description Distance 425 NOOo13'59"W 260 45.01 ' N89°08'05"W 68.03 ' 406 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 395 SOOo13'59"E 299 S89°08'05"E 425 19.52 ' 93.52 ' Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 7212.67962 0+45.01 7257.68924 1+13.04 7258.71659 405 7233.71944 25.00 , 91°05'55" Left 39.75 , S45°18'58"W 35.69 , 7.49 , 10.70 , 229°10'59" Arc Definition 25.48 , 1+52.79 1+72.32 2+65.83 0.00783 0.00792 S45°18'58"W 0.01114 7259.09984 7233.61957 7214.09973 7212.68745 261.77 (265.83) 1/23501 1/33420 1/33053 4068.04 SQ FT 0.09 ACRES Easting Elevation 3946.79789 3946.61481 0.00 3878.59257 3878.21503 25'RP 3853.10821 3853.21708 3853.29647 0.00 3946.80581 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 42 Point Number Bearing Description Distance 425 S89°08'05"E 96.52 298 NOOo13'59"W 20.48 253 Lot 42 curve Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 394 N89°08'05"W 71. 99 260 SOOo13'59"E 425 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 45.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7212.67962 0+96 .. 52 7211.22203 1+17.00 7231.70186 252 7231.60017 25.00 , 88°54'05" Left 38.79 , N44°41'02"W 35.01 , 7.15 , 10.02 , 229°10'59" Arc Definition 24.53 , 1+55.79 2+27.78 2+72.79 -0.00822 0.00813 N44°41'02"W 0.01156 7256.22988 7256.59388 7257.68102 7212.67140 269.01 (272.79) 1/23266 1/32724 1/33087 4215.05 SQ FT 0.10 ACRES Easting Elevation 3946.79789 4043.30688 0.00 4043.22358 4018.22379 Lot 42 RP 4043.12147 4018.60473 3946.62294 0.00 3946.80602 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 43 Point Number Bearing Description Distance 425 S89°08'05"E 298 SOOo13'59"E 310 N89°08'05"W 424 NOOo13'59"W 425 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 96.52 50.01 96.52 50.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+9Q.52 1+46.53 2+43.04 2+93.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7212.67962 7211.22203 7161. 21245 7162.67003 7212.67962 293.06 (293.05) 1/999999 1/999999 1/999999 4825.89 SQ FT 0.11 ACRES Easting Elevation 3946.79789 4043.30688 0.00 4043.51030 0.00 3947.00131 3946.79789 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 44 Point Number Bearing Description Distance 424 S89°08'05"E 310 SOOo13'59"E 300 N89°08'05"W 423· NOOo13'59"W 424 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 96.52 50.01 96.52 50.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+96.52 1+46.53 2+43.04 2+93.05 0.00000 0.00000 N90000'OO"W 0.00000 Northing 7162.67084 7161.21326 7111. 20367 7112.66125 7162.67084 293.06 (293.05) 1/999999 1/999999 1/999999 4825.89 SQ FT 0.11 ACRES Easting Elevation 3947.00140 4043.51039 0.00 4043.71381 0.00 3947.20482 3947.00140 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 45 Point Number Bearing Description Distance 423 S89°08'05"E 300 SOOo13'59"E 302 N89°08'05"W 422 NOOo13'59"W 423 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 96.52 36.26 96.52 36.26 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+96,.52 1+32.77 2+29.29 2+65.55 0.00000 0.00000 N90000'OO''W 0.00000 Northing 7112.66206 7111.20448 7074.94478 7076.40236 7112.66206 265.56 (265.55) 1/999999 1/999999 1/999999 3498.77 SQ FT 0.08 ACRES Easting Elevation 3947.20490 4043.71390 0.00 4043.86139 0.00 3947.35239 3947.20490 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 46 Point Number Bearing Description Distance 422 S89°08'05"E 302 SOOo13'59"E 254 SOOo13'59"E 304 . N89°08'05"W 261 NOl°36'31"E 422 Closing latitude Closing departure Closing bearing Closing distance Lot Total traverse length Total error of closure 96.52 11. 74 46 24.52 97.68 36.25 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+96.52 1+08.26 1+32.77 2+30.46 2+66.71 -0.00647 0.00523 N38°56'47"W 0.00832 Northing 7076.40570 7074.94812 7063.20821 7038.68842 7040.16352 7076.39923 266.71 (266.71) 1/32068 1/41233 1/51016 3519.89 SQ FT 0.08 ACRES Easting Elevation 3947.35245 4043.86144 0.00 4043.90919 4044.00893 0.00 3946.34007 0.00 3947.35767 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:08:43 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 47 Point Number Bearing Description ,Distance 261 S89°08'05"E 304 SOOo13'59"E 306 N89°08'05"W 421 N05°19'29"E 261 Closing latitude Closing departure Closing bearing Closing distance LOT Total traverse length Total error of closure 97.68 36.26 101.21 36.36 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+97..68 1+33.94 2+35.15 2+71.51 -0.00329 -0.00789 N67°20'19"E 0.00855 Northing 7040.16694 7038.69184 7002.43214 7003.96055 7040.16364 271.51 (271.51) 1/31750 1/82407 1/34406 3604.85 SQ FT 0.08 ACRES Easting Elevation 3946.33468 0.00 4044.00354 0.00 4044.15103 3942.95257 3946.32678 0.00 Centre Pointe surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 48 Point Number Bearing Description Distance 421 S89°08'05"E 306 SOOo13'59"E 308 N89°08'05"W 312 N05°19'29"E 421 Closing latitude Closing departure Closing bearing Closing distance LOT LOT Total traverse length Total error of closure 101.21 36.26 104.73 36.36 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+0],.21 1+37.46 2+42.19 2+78.55 -0.00345 0.00211 N31°27'09"W 0.00404 Northing 7003.96377 7002.43536 6966.17566 6967.75722 7003.96032 278.56 (278.55) 1/68964 1/80842 1/132168 3732.53 SQ FT 0.09 ACRES Easting Elevation 3942.96051 4044.15896 4044.30645 0.00 3939.58840 0.00 3942.96261 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 49 Point Number Bearing Description Distance 388 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 402 N12°24'54"E 56.72 328 N53°08'09"W 40.00 329 S38°36'47"W 101.20 330 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 388 Closing latitude Closing departure Clos-ing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6875.65076 412 6900.35135 25 .. 00 , 86°27'41" Left 37.73 , N55°38'45"E 34.25 , 6.78 , 9.31 , 229°10'59" Arc Definition 23.50 , 6872.02431 0+37.73 6894.97827 0+94.44 6950.37l93 1+34.44 6974.36873 2+35.65 6895.29324 233 7027.81102 154.00 , 21°45'00" Left 58.46 , S70014'54"E 58.11 , 2.77 , 2.82 , 37°12'18" Arc Definition 29.59 , 6880.21605 2+94.11 6875.65531 0.00455 0.00403 S41°30'26"W 0.00608 290.28 (294.11) 1/47748 1/63760 1/72049 5395.84 SQ FT 0.12 ACRES Easting Elevation 3747.22139 0.00 3751.07897 25'RP 3770.44172 3775.49700 3787.69129 0.00 3755.68889 0.00 3692.53425 0.00 3770.98831 Calc CL RP 3717.98958 3747.22542 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 50 Point Number Bearing Description Distance 329 N53°08'09"W 35.00 331 S38°36'57"W 101. 03 332 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 330 N38°36'47"E 101.20 329 Closing latitude Closing departure Closing bearing Closing distance ~otal traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6974.36533 0+3!:i.00 6995.36253 1+36.03 6916.42294 233 7027.80371 154.00 , 13°03'00" Left 35.08 , S52°50'54"E 35.00 , 1. 00 , 1. 00 , 37°12'18" Arc Definition 17.61 , 6904.26177 1+71.10 6895.28549 2+72.30 6974.36098 -0.00435 -0.00345 N38°23'33"E 0.00555 272.23 (272.30) 1/49010 1/62530 1/78915 3560.88 SQ FT 0.08 ACRES Easting Elevation 3755.68598 0.00 3727.68388 0.00 3664.63151 0.00 3770.98151 Calc CL RP 3677.37348 3692.52790 0.00 3755.68253 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 51 Point Number Bearing Description Distance 331 N53°08'09"W 35.00 327 S44°27'15"W 89.80 333 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 332 N38°36'57"E 101.03 331 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6995.36257 0+35.00 7016.35977 1+24.80 6952.25955 233 7027.80863 154.00 , 16°56'42" Left 45.54 , S37°51'04"E 45.38 , 1. 68 , 1. 70 , 37°12'18" Arc Definition 22.94 , 1+70.35 2+71.37 0.00416 0.00557 S53°14'46"W 0.00696 6932.26775 6916.42714 6995.36673 271.21 (271.37) 1/38981 1/65145 1/48653 3837.27 SQ FT 0.09 ACRES Easting Elevation 3727.68391 0.00 3699.68181 0.00 3636.79142 0.00 3770.98656 Calc CL RP 3648.04286 3664.63711 0.00 3727.68949 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 52 Point Number Bearing Description Distance 327 N04°52'09"E 35.20 326 S76°03'05"W 99.65 334 S21°12'11"E 59.32 389· Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 333 N44°27'15"E 89.80 327 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7016.35980 0+3~.20 7051. 43277 1+34.85 7027.41198 1+94.17 6972 .10768 233 7027.80552 154.00 , 8°10'32" Left 21. 97 , S25°17'27"E 21. 96 , 0.39 , 0.39 , 37°12'18" Arc Definition 11. 01 , 2+16.15 3+05.95 -0.00706 0.00277 N21°24'19"W 0.00758 6961.84786 6952.25253 7016.35275 305.93 (305.95) 1/40364 1/43355 1/110599 5063.93 SQ FT 0.12 ACRES Easting Elevation 3699.68184 0.00 3702.66964 0.00 3605.95809 0.00 3627.41261 0.00 3770.98750 Calc CL RP 3631. 38992 3636.7942l 0.00 3699.68461 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 53 Point Number Bearing Description Distance 326 N04°52'09"E 407 N89°08'05"W 324 35.00 ' 121. 68 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 390 S21°12'11"E 334 N76°03'05"E 326 45.13 ' 99.65 ' Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta 0+00.00 0+35 .. 00 1+56.68 236 129.00 ' Northing 7051.43354 7086.30723 7088.14476 7116.14057 8°40'08" Left 19.52 ' S16°52'07"E 19.50 ' 0.37 ' 0.37 ' 44°24'55" Arc Definition 9.78 ' 1+76.20 2+21.32 3+20.98 -0.00386 -0.00292 N37°03'25"E 0.00484 7078.60027 7069.48379 7027.40889 7051.42968 320.96 (320.98) 1/66343 1/83133 1/110093 5363.09 SQ FT 0.12 ACRES Easting Elevation 3702.66965 0.00 3705.64048 3583.97435 0.00 3709.89987 Calc CL RP 3586.09756 3589.63282 3605.95518 3702.66674 0.00 0.00 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:24 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 54 Point Number Bearing Description Distance 407 N01°18'05"E 40.00 408 N89°08'05"W 125.62 322 SOOo13'35"W 11. 55 391 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 324 S89°08'05"E 121. 68 407 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7086.30723 0+40.00 7126.29691 1+65.62 7128.19395 1+77.16 7116.64404 236 7116.13433 129.00 , 12°45'38" Left 28.73 , S06°09'14"E 28.67 , 0.80 , 0.80 , 44°24'55" Arc Definition 14.42 , 7102.22567 2+05.89 7088.13925 3+27.57 7086.30171 -0.00552 -0.00332 N31°02'55"E 0.00644 327.52 (327.57) 1/50842 1/59345 1/98577 4979.56 SQ FT 0.11 ACRES Easting Elevation 3705.64042 3706.54889 3580.94321 0.00 3580.89757 0.00 3709.89657 Calc CL RP 3580.84519 3583.97098 0.00 3705.63710 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 55 Point Number Bearing Description Distance 408 N01°18'05"E 372 N89°08'05"W 291 SOOo13'35"W 322 S89°08'05"E 408 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 126.37 40.00 125.62 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+66.37 2+06.37 3+31.99 0.00132 0.00050 S20042'50''W 0.00141 Northing 7126.29807 7166.28775 7168.19611 7128.19643 7126.29939 331.99 (331.99) 1/235136 1/251386 1/664783 5039.63 SQ FT 0.12 ACRES Easting Elevation 3706.54895 3707.45742 0.00 3581.10183 0.00 3580.94378 0.00 3706.54945 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 56 Point Number Bearing Description Distance 291 S89°08'05"E 50.00 289 NOOo13'35"E 95.01 288 N89°08'05"W 24.72 393 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 392 SOOo13'35"W 69.73 291 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7168.19733 0+50.00 7167.44226 1+45.01 7262.45152 1+69.73 7262.82482 239 7237.82767 25.00 , 90°38'20" Left 39.55 , S45°32'45"W 35.55 , 7.42 , 10.55 , 229°10'59" Arc Definition 25.28 , 2+09.28 2+79.01 0.00101 0.00103 S45°32'45"W 0.00144 7263.20249 7237.92779 7168.19833 275.01 (279.01) 1/191264 1/273102 1/267947 4612.65 SQ FT 0.11 ACRES Easting Elevation 3581.10585 0.00 3631.10015 0.00 3631.47556 0.00 3606.75838 0.00 3606.38084 Calc CL RP 3581.48123 3581.38240 0.00 3581.10688 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 57 Point Number Bearing Description Distance 289 S89°08'05"E 295 NOOo13'35"E 294 N89°08'05"W 288 SOOo13'35"W 289 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 95.01 40.00 95.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+35.01 1+75.01 2+70.02 0.00000 0.00000 N90000'OO''W 0.00000 Northing 7167.44216 7166.83811 7261.84737 7262.45142 7167.44216 270.02 (270.02) 1/999999 1/999999 1/999999 3800.24 SQ FT 0.09 ACRES Easting Elevation 3631.10326 0.00 3671.09870 0.00 3671. 47410 0.00 3631. 47867 0.00 3631.10326 0.00 /: Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 58 Point Number Bearing Description Distance 295 S89°08'05"E 297 NOOo13'35"E 296 N89°08'05"W 294 SOOo13'35"W 295 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.01 50.00 95.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+5Q.00 1+45.01 1+95.01 2+90.02 0.00000 0.00000 N90000'00"W 0.00000 Northing 7166.83804 7166.08297 7261.09223 7261. 84729 7166.83804 290.02 (290.02) 1/999999 1/999999 1/999999 4750.30 SQ FT 0.11 ACRES Easting Elevation 3671.10119 0.00 3721. 09548 0.00 3721.47089 0.00 3671.47659 0.00 3671.10119 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 59 Point Number Bearing Description Distance 297 S89°08'05"E 287 NOOo13'35"E 286 N89°08'05"W 296 SOOo13'35"W 297 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 95.01 40.00 95.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+35.01 1+75.01 2+70.01 0.00000 0.00000 N90000'00''W 0.00000 Northing 7166.08288 7165.47882 7260.48808 7261.09213 7166.08288 270.02 (270.01) 1/999999 1/999999 1/999999 3800.00 SQ FT 0.09 ACRES Easting Elevation 3721.09859 0.00 3761.09403 0.00 3761.46944 0.00 3721.47400 0.00 3721.09859 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 60 Point Number Bearing Description Distance 287 S89°08'05"E 50.40 290 NOOo13'59"W 70.49 399 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 404 PC N89°08'05"W 25.12 286 SOOo13'35"W 95.01 287 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7165.47878 0+50.40 7164.71768 1+20.90 7235.20709 403 7235.10540 25.00 , 88°54'05" Left 38.79 , N44°41'02"W 35.01 , 7.15 , 10.02 , 229°10'59" Arc Definition 24.53 , 7259.73425 1+59.69 7260.09911 1+84.80 7260.47845 2+79.81 7165.46919 -0.00959 -0.00386 N21°55'55"E 0.01034 276.03 (279.81) 1/26697 1/28780 1/71477 4623.90 SQ FT 0.11 ACRES Easting Elevation 3761.09403 0.00 3811. 48828 0.00 3811.20156 3786.20177 25'RP 3811.10528 3786.58271 3761. 46557 0.00 3761.09017 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 61 Point Number Bearing Description Distance 408 NOlo18'05"E 372 S89°08'05"E 290 SOOo13'59"E 321 N89°08'05"W 408 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 104.05 40.01 105.12 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+44.05 1+84.05 2+89.17 -0.00383 0.00133 N19°08'15"W 0.00405 Northing 7126.29807 7166.28775 7164.71646 7124.70679 7126.29424 289.18 (289.17) 1/71365 1/7 5539 1/217684 4183.28 SQ FT 0.10 ACRES Easting Elevation 3706.54895 3707.45742 0.00 3811.49555 0.00 3811.65829 0.00 3706.55028 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 62 Point Number Bearing Description Distance 408 S89°08'05"E 321 SOOo13'59"E 323 N89°08'05"W 407 NOl°18'05"E 408 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 105.12 40.01 106.19 40.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+05.12 1+45.13 2+51.31 2+91.32 -0.00383 0.00133 N19°08'15"W 0.00405 Northing 7126.29807 7124.71061 7084.70095 7086.30456 7126.29424 291. 32 (291. 32) 1/71893 1/76098 1/219295 4226.14 SQ FT 0.10 ACRES Easting Elevation 3706.54895 3811.65697 0.00 3811. 81971 0.00 3705.64182 3706.55028 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 63 Point Number Bearing Description Distance 407 S89°08'05"E 323 SOOo13'59"E 400 106.19 ' 4.44 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 401 S12°24'54"W 325 N77°10'53"W 326 N04°52'09"E 407 13.17 ' Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 104.76 ' 35.00 ' Error of closure in latitude Error of closure in departure Area Area Sta 0+00.00 1+0q.19 1+10.63 244 179.00 ' Northing 7086.30723 7084.70362 7080.26365 7079.53556 12°38'53" Right 39.51 ' S06°05'27"W 39.43 ' 1.09 ' 1.10 ' 32°00'32" Arc Definition 19.84 ' 1+50.14 1+63.31 2+68.07 3+03.07 0.00327 0.00252 S37°41'41"W 0.00413 7060.42608 7041.05624 7028.19420 7051.43681 7086.31050 302.99 (303.07) 1/73418 1/92784 1/120071 4894.82 SQ FT 0.11 ACRES Easting Elevation 3705.64042 3811.81831 0.00 3811.83637 0.00 3632.83785 Calc CL RP 3811.91635 3807.65265 3804.82122 3702.67212 3705.64295 0.00 0.00 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 64 Point Number Bearing Description Distance 326 S77°10'53"E 325 S12°24'54"W 328 N53°08'09"W 327 .. N04°52'09"E 326 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 104.76 79.69 l10.00 35.20 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+04.76 1+84.45 2+94.45 3+29.65 -0.00497 -0.00233 N25°08'01"E 0.00549 Northing 7051.43354 7028.19093 6950.36440 7016.35560 7051.42857 329.65 (329.65) 1/60062 1/66344 1/141413 5815.81 SQ FT 0.13 ACRES Easting Elevation 3702.66965 0.00 3804.81875 0.00 3787.68612 0.00 3699.67952 0.00 3702.66732 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT B Point Number Bearing Description Distance 378 N89°08'05"W 219 SOOo07'31"E 217 S89°14'38"E 436- N03°14'Ol"E 435 N79°27'24"W 434 N79°09'12"W 433 N82°09'26"W 432 N56°09'40"W 431 N39°52'10"W 430 N48°58'19"W 429 N29°17'44"W 428 N15°28'25"W 427 N18°44'43"W 426 N14°15'58"W 370 N07°06'36"W 369 N05°22'27"W 368 N15°40'24"W 367 NOOo22'58"W 366 N03°56'41"E 365 N01°48'37"W 364 N01°52'41"E 363 NOOo13'35"E 362 N02°02'50"E 378 Closing latitude 27.29 ' 661. 27 ' 261. 51 ' 8.89 ' 60.33 ' 32.66 ' 25.82 ' 30.42 ' 25.26 ' 21.28 ' 24.85 ' 31. 95 ' 41. 02 ' 30.09 ' 37.03 ' 54.71 ' 57.08 ' 27.43 ' 23.87 ' 46.18 ' 37.70 ' 95.13 ' 87.63 ' Sta 0+00.00 0+27.29 6+88.55 9+50.06 9+58.95 10+19.28 10+51. 94 10+77.77 11+08.19 11+33.45 11+54.73 11+79.57 12+11.52 12+52.54 12+82.63 13+19.66 13+74.37 14+31. 45 14+58.88 14+82.75 15+28.93 15+66.63 16+61. 76 17+49.39 = -0.00203 Northing Easting Elevation 7402.24541 3447.25931 0.00 7402.65752 3419.97242 6741. 38910 3421. 41829 6737.93815 3682.90552 0.00 6746.81400 3683.40698 0.00 6757.85313 3624.09554 0.00 6763.99913 3592.01904 0.00 6767.52240 3566.44055 0.00 6784.46207 3541.17350 0.00 6803.84930 3524.98082 0.00 6817.81810 3508.92743 0.00 6839.48996 3496.76796 0.00 6870.28189 3488.24388 0.00 6909.12605 3475.06163 0.00 6938.28812 3467.64668 0.00 6975.03337 3463.06330 0.00 7029.50288 3457.93919 0.00 7084.46051 3442.51890 0.00 7111. 88990 3442.33565 0.00 7135.70335 3443.97776 0.00 7181.86030 3442.51893 0.00 7219.54005 3443.75445 0.00 7314.66931 3444.13033 0.00 7402.24338 3447.26075 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT losing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area = 0.00144 N35°23'50"W 0.00249 1749.40 (1749.39) 1/702423 1/861703 1/1212664 32627.09 SQ FT 0.75 ACRES PROJECT: G:\2257\2257.pro Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: DEDICATED ROAD Point Number Bearing Description Distance 251 intx lot 42 NOOo13'59"W 48.72 250 intx lot 1 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 386 N89°08'05"W 410.12 385 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 384 SOOo13'35"W 121.27 383 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 382 S21°12'11"E 104.45 381 Center Point: Radius: Delta: 1\rc Length: Chord Bearing: , c , , , Sta Northing Easting Elevation 0+00.00 7253.30444 4030.63326 0+4e.72 7302.02404 4030.43509 249 7323.62365 4017.84713 RP lot 1 25.00 , 31°05'55" Right 13.57 , S75°18'58"W 13.40 , 0.91 , 0.95 , 229°10'59" Arc Definition 6.96 , 7298.51706 4024.42493 0+62.28 7298.62733 4017.47275 4+72.41 7304.82070 3607.39951 0.00 239 7237.82834 3606.38772 Calc CL RP 67.00 , 90°38'20" Left 105.99 , S45°32'45"W 95.28 , 19.89 , 28.29 , 85°30'58" Arc Definition 67.75 , 7305.83911 3539.64937 5+78.40 7238.09245 3539.38761 0.00 6+99.67 7116.82340 3538.90845 0.00 236 7116.14774 3709.90711 Calc CL RP 171.00 , 21°25'46" Left 63.96 , S10029'18"E 63.58 , 2.98 , 3.03 , 33°30'23" Arc Definition 32.36 , 7084.46012 3538.77467 7+63.63 7054.30569 3550.48225 0.00 8+68.07 6956.92649 3588.25913 0.00 233 7027.81465 3770.99082 Calc CL RP 196.00 , 68°02'27" Left 232.76 , S5S013'2S"E Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 380 S89°14'38"E 272.14 379 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 255 Lot 29 NOOo13'59"W 248.29 223 N89°11'22"W 17.50 254 Lot 46 SOOo13'59"E 167.59 410 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 387 N89°14'38"W 174.88 415 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 398 N12°24'54"E 131.91 397 Center Point: Radius: Delta: , , , , , , PROJECT: G:\2257\2257.pro 219.32 , 33.55 , 40.48 , 29°13'57" Arc Definition 132.31 , 6833.56910 3636.10411 11+00.83 6831.83181 3768.40514 0.00 13+72.97 6828.24059 4040.52144 256 6803.24276 4040.19154 Lot 29 RP 25.00 , 62°01"24" Right 27.06 , S58°13'56"E 25.76 , 3.57 , 4.17 , 229°10'59" Arc Definition 15.03 , 6828.03434 4055.54419 14+00.04 6814.67852 4062.42231 16+48.33 7062.96647 4061. 41237 16+65.83 7063.21403 4043.91412 18+33.43 6895.62541 4044.59581 0.00 409 6895.52372 4019.59602 25'RP 25.00 , 90°59'21" Right 39.70 , S45°15'41"W 35.66 , 7.48 , 10.66 , 229°10'59" Arc Definition 25.44 , 6870.18119 4044.69246 18+73.13 6870.52528 4019.26561 20+48.01 6872.83304 3844.40084 414 6897.83087 3844.73074 25'RP 25.00 , 101°39'32" Right 44.36 , N38°24'52"W 38.76 , 9.21 , 14.58 , 229°10'59" Arc Definition 30.69 , 6873.22911 3813.71259 20+92.36 6903.20293 3820.31749 22+24.27 7032.02835 3848.67696 0.00 244 7079.54136 3632.84481 Calc CL RP 221.00 , 12°38'53" Left · Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Monday, July 25, 2005 12:00:25 PM NEW PROJECT Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 396 N00013'59"W 395 153.18 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 406 PT S89°08'05"E 394 140.03 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Oeg of Curvature: Tangent: Curve PI: 251 intx lot 42 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area PROJECT: G:\2257\2257.pro 48.79 ' N06°05'27"E 48.69 ' 1.34 ' 1.35 ' 25°55'32" Arc Definition 24.49 ' 22+73.06 24+26.24 '405 7055.94231 7080.44349 7233.62223 7233.72391 25.00 ' 91°05'55" Right 39.75 ' N45°18'58"E 35.69 ' 7.49 ' 10.70 ' 229°10'59" Arc Definition 25.48 ' 24+65.99 26+06.02 252 25.00 ' 7259.09984 7258.71925 7256.60460 7231. 60745 28°54'05" Right 12.61 ' S74°41'02"E 12.48 ' 0.79 ' 0.82 ' 229°10'59" Arc Definition 6.44 ' 26+18.63 0.00364 0.01315 S74°31'16"W 0.01364 7256.50297 7253.30808 2578.70 (2618.63) 1/189036 1/708315 1/196151 148284.86 SQ FT 3.40 ACRES 3853.93495 3853.84321 3853.22014 3878.21993 25'RP 3853.10821 3878.59563 0.00 4018.60966 4018.23212 Lot 42 RP 4025.04082 4030.64641 TITLE DOCUMENTS (Proposed) "ELMHURST" RESIDENTIAL SUBDIVISION July 2005 HALlNEN LAW OFFICES, P.S. (206) 443-4684 Subdivision Guarantee The County of KING within which said subdivision is located in a sum not exceeding $1000.00 No. 205115486 Fee.$300.00 IIUilili5K IQ>'f(JX)( ¥AUII and any City That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other ease- ments offered for dedication by said map are: AS HERETO ATTACHED The map hereinbefore referred to is a subdivision of: AS HERETO ATTACHED Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned: 44r-6--J Authorized Count e ~T6o/1+'< Trclk- Subdivision 10779 Guarantee SG-1S72 SUBDIVISION GUARANTEE ClTA NO. 14 (Rev. 4-10-75) ----} SUBDIVISION GUARANTEE Guarantee No.: SG-1572-10779 Order Number: 205115486 Reference Number: 05200739 Effective Date: July 13, 2005 at 8:00 AM Subdivision Guarantee: Sales Tax: Total: OWNERS: M.J.F. HOLDINGS, INC., A WASHINGTON CORPORATION LEGAL DESCRIPTION: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: $300.00 $26.40 $ 326.40 THE NORTH Y2 OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH % OF THE SOUTHEAST % OF HE NORTHWEST Yo. OF THE NORTHWEST Yo. OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR ROAD; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH % OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); Guarantee No: SG-1572-10779 SUBDIVISION GUARANTEE SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 ST. YEAR: 2005 AMOUNT BILLED: $3,722.14 AMOUNT PAID: $1,861.07 AMOUNT DUE: $1,861.07, PLUS INTEREST AND PENALTY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: (AFFECTS: PARCEL A) IF DELINQUENT 4155 518210-0049-00 $110,000.00 $179,000.00 NOTE: KING COUNTY TREASURER, 500 4TH AVENUE, 6TH FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfo/. 2. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 ST. YEAR: 2005 AMOUNT BILLED: $4,985.40 AMOUNT PAID: $2,492.70 AMOUNT DUE: $2,492.70, PLUS IN1EREST AND PENALTY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: (AFFECTS: PARCEL C) IF DELINQUENT 4155 518210-0050-06 $275,000.00 $115,000.00 NOTE: KING COUNTY TREASURER, 500 4TH AVENUE, 6TH FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206)296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfol. Guarantee No: 5G-1572-10779 J SUBDIVISION GUARANTEE 3. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH• THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 sT. YEAR: 2005 AMOUNT BILLED: $4,008.21 AMOUNT PAID: $2,004.11 AMOUNT DUE: $2,004.10, PLUS INTEREST AND PENALTY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: (AFFECTS: PARCEL B) IF DELINQUENT 4155 518210-0051-05 $320,000.00 $-0- NOTE: KING COUNTY TREASURER, 500 4TH AVENUE, 6TH FLOOR ADMIN. BLDG., SEATILE, WA 98104 (206) 296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfol. 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: M.J.F. HOLDINGS, INC., A WASHINGTON TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.: CORPORATION STEWART TITLE GUARANTY COMPANY EXCHANGE COUNSEL, INC., A WASHINGTON CORPORATION $6,343,800.00 JULY 7,2005 JULY 7,2005 20050707001746 5. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: RESERVED BY: RECORDED: RECORDING NO.: MINERALS NORTHERN PACIFIC RAILWAY COMPANY JUNE 20, 1900 192430 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E. AS GRANTED BY DEED RECORDED APRIL 3,1962 UNDER RECORDING NO. 5407391. 7. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 4612 RECORDED: JUNE 21, 1996 RECORDING NO.: 9606210966 REGARDING: SANITARY SEWER SERVICE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES Guarantee No: SG-1S72-10779 SUBDIVISION GUARANTEE 8. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 8, 2004 RECORDING NUMBER: 20040908000083 9. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5092 REGARDING ANNEXATION RECORDED: SEPTEMBER 28, 2004 RECORDING NO.: 20040928001359 Guarantee No: SG·1572·10779 celved. This report Is for items misindexed closed by an inquiry of emises. This report IPplied by the applicant no liability is assumed :esent either a ufficiency or effect of the IUbJect premises . . e at the King County Court Jbove. The following copies of documents are number-tabbed to correlate with the special exception numbers set forth in the preceding Subdivision Guarantee issued by Stewart Title. ,.c r; t' .ll. '" "wi- oW'" ... v C' .... " OH'( c§!:ewan .j ORDER NO:. 205115486 N ~ I--~·-· I • I I I I I t I I f t I I ,&2)01 1" ItIT1 This sketch is provided without charge for information. It is ncr intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations of boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. \ .f l:', .. ~ \...) " _~1 I 20050707001745.001 WHEN RECORDED RETURN TO: M.J.F. Holdings, Inc. 215 East Meeker Kent, W A 98032 Attn: Michael J. Feuerborn E2137236 07/07/2005 14:02 KING COUNTY, LlA T~X ~14S 524.64 SR~E $8,343,800.0 PAGE001 OF 001 STATUTORY WARRANTY DEED STEWART TIIl.E ;).oL.f loo:t~ (1) Grantor: LIBERTY RIDGE L.L.C., a Washington limited liability company Grantee: M.J.F. HOLDINGS, INC., a Washington corporation Legal Description (abbreviated): PTN. OF THE NWl/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; additional legal description on pages 1 and 2 Assessor's Tax Parcel ID#S: 518210-0049; 518210-0050 and 518210-0051 THE GRANTOR, LIBERTY RIDGE L.L.C., a Washington limited liability company, as part of anI.R.e. Section 1031 tax deferred exchange, hereby conveys and warrants to MJ.F. HOLDINGS, INC., a Washington corporation (the Grantee), the following described real property, situated in the County of King, State of Washington (the "Property"): PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 1;2 OF THE SOUTHEAST % OF THE NORTHWEST Y4 OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH Yz OF THE SOUTHEAST Y4 OF THE NORTHWEST % OF THE NORTHWEST y.j OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; STATUTORY WARRANTY DEED--Page 1 C\Documcnts and Sctlingj\vdorfman\LotII Se1lings\Tcmporuy Internel F~es\O('XI1\Statulory WatrantyDeod.doc. .( ... {~J'f \1 1:\) \\ \ \~ ! ;;, J EXCEPT THE EASTERLY 7.5 FEET FOR ROAD; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELC: THE NORTH Y2 OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 20050707001745.002 The foregoing conveyance is made SUBJECT TO those matters set forth on Exhibit A attached hereto and by this reference incorporated into and made a part of this Deed. In addition, also as part of an IRe. Section 1031 tax deferred exchange, the Grantor hereby conveys and quitclaims to the Grantee all of the Grantor's right, title and interest to the Property, including after-acquired title. DATED this 6th day ofJuly, 2005. Grantor: LIBERTY RIDGE L.L.C., a Washington limited liability company BY;~.~ DOIlll1df.i\1 ~ Manager· STATUTORY WARRANTY DEED--Page 2 C;\DocumenlS and ScUinss\vdorfman\Local Sellings\Temporary Internet Filc:.s\OLKt 7\StiitutOry Wr.romty Dero.doc 20050707001745.003 STATE OF WASHINGTON) ) S8. COUNTY OF KING ) r certify that I know or have satisfactory evidence that DONALD J. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of LIBERTY RIDGE L.L.C., a Washington limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this l day of July, 2005. ~""\\\\'\\'tl . , ~~ O~"'" .::::0 0 "r~,. I". $\ 'Y.f':~':-''';~»'~'Ihl'i .: ~'Ii. -.... l!' til ~ i p' +o-rlt.~ ~ ~ :: (,I J. ~ ~ ... J .:;;. ~ eft .. (i -:?t ~ ~ ~~ 0 (l1\''\.~ # C): ~ ""'.x.~~~"19-0~·-,,",~I -~ .Ilhl\\i,,""''"' ~ff' $ 1III OJ: WAS~\c$'~ 1111\\\\\\\\"'" ~~= (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at ~ Wt., My Commission expires: q-IQ,...DZ STATUTORY WARRANTY DEED--Page 3 C:\DQcurmnlS and SeHing,lv<iorfmanlLocal SellingslTempora!)' Int<rnel FiI"IOLKI7IStat."'ry WaniUl'Y D"'d.doc ~. 20050707001745.004 EXHIBIT A Exceptions General Exceptions A. INTENTIONALLY OMITTED. B. ANY FACTS, RIGHTS, INTEREST, OR CLArMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. C. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES wHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. E. INTENTIONALLY OMmED. F .. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. G. INTENTIONALLY OMITTED. H. INTENTIONALLY OMITTED. Special Exceptions 1. INTENTIONALLY OMITTED. 2. INTENTIONALLY OMITTED. 3. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20, 1900 RECORDING NO.: 192430 STATUTORY WARRANTY DEED--Page 4 C:\Documenl$ and Setting.l\vdorlinanll<x:.1 SeU;ng,IT<l1lpOYIII)' Im<met FileslOl.KI71S\alu\ory WBITaII\y Dotd.dot -1 2005070700174~.ooe 4. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E. (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RECORDED APRIL 3, 1962 UNDER RECORDING NO. 5407391. 5. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 4612 RECORDED: JUNE 21, 1996 RECORDING NO.: 9606210966 REGARDING: SANITARY SEWER SERVICE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES 6. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 8, 2004 RECORDING NUMBER: 20040908000083 7. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5092 REGARDING ANNEXATION RECORDED: SEPTEMBER 28, 2004 RECORDING NO.: 20040928001359 8, 9 AND 10. REAL PROPERTY TAXES AND ASSESSMENTS, IF ANY, FOR THE SECOND HALF OF TAX YEAR 2005 AND FOR ALL SUBSEQUENT TAX YEARS. 11. INTENTIONALLY OMITTED. 12. MATTERS DISCLOSED BY SURVEY BY CENTRE POINTE SURVEYING DATED DECEMBER 23,2004, JOB NUMBER 2257 AS FOLLOWS: A) 6 FOOT HIGH WOOD FENCE IS LOCATED UP TO 0.9 FEET NORTH OF THE WESTERLY PORTION OF THE SOUTHERLY PROPERTY LINE. B) 4 FOOT HIGH HOG WIRE FENCE IS LOCATED UP TO 0.4 FEET NORTH OF THE CENTRAL PORTION OF THE SOUTHERLY PROPERTY LINE. C) 6 FOOT HIGH CYCLONE FENCE EXTENDS EASTERLY INTO BREMERTON AVENUE NE. STATUTORY WARRANTY DEED~~Page 5 C\DocumeDts I1\d Seuings\vQorfman\LocaJ Selliogs\Temporuylntcmct Files.\OLKI"J'lStslutory We.rran1y~d.doc .' D) 6 FOOT HIGH WOOD GATE, FENCE AND GATE ON RETRACTING RAILS EXTENDS EASTERLY ThfTO BREMERTON AVENUENE. E) BUILDING EXTENDS EASTERLY INTO BREMERTON AVE NE. F) SHED LOCATED IN EASTERLY PORTION EXTENDS INTO BREMERTON AVENUE NE. STATUTORY WARRANTY DEED--Page 6 C:\Doc:umenls and Sutingi\vdorfma.n\Loeal Settins,,\Temporary Internet Files\OLKl7\Sta{utory Warranty Dccd.doe: 20050707001745:006 i' 20050707001746.001 Filed for Record at Request of and After Recording Return To: -7 David L. Halinen, Esq. Halinen Law Offices, P.S. 2115 N. 30th Street, Suite 203 Tacoma, Washington 98403 '~Inllilin n ~~I~llln~ 20050707001746 STEWARI TIT~E DT 25.00 I'~GE00 OF 006 07/07/2005 14:06 KING COUNTY, WA Document Title: Deed,ofTrust ~;~~ TEfbE Grantor: Mol.F. HOLDINGS, INC., a Washington corporation Grantee (Beneficiary): EXCHANGE COUNSEL, INC., a Washington corporation Grantee (Trustee): STEWART TITLE GUARANTY COMPANY, a California corporation Legal Description (abbreviated): PTN. OF THE NW1I4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; additional1egal on pages 1 and 2 hereof Assessor's Tax Parcel ID#s: 5182100049,5182100050 and 5182100051 DEED OF TRUST THIS DEED OF TRUST, made this 7th day of July, 2005, between M.J.F. HOLDINGS, INC., a Washington corporation, ("Grantor"), whose address is 215 East Meeker, Kent, Washington 98032; STEWART TITLE GUARANTY COMPANY, a corporation, Trustee, whose address is 1000 Second Avenue, Suite 1620, Seattle, Washington, 98104; and EXCHANGE COUNSEL, lNC., a Washington corporation, ("Beneficiary"), whose address is 2375 130th Avenue NE, Suite 102, Bellevue, Washington 98005; WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in King County, Washington: PARCEL A: THE SOUTH 110 FEET OFTHE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH % OF THE SOUTHEAST ~ OF THE NORTHWEST v.i OF THE NORTHWEST ~ OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; . EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); DEED OF TRUST-Page 1 " I L, ~ SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH Y2 OF THE SOUTHEAST :4 OF THE NORTHWEST :4 OF THE NORTHWEST Y4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR ROAD; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH Y2 OF THE SOUTHEAST :4 OF THE NORTHWEST % OF THE NORTHWEST Y4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 20050707001 746.002 which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of (a) securing performance of each agreement of Grantor herein contained and (b) payment of the sum of ($6,343,800.00) SIX MILLION THREE HUNDRED FORTY THREF. THOUSAND EIGHT HUNDRED AND NO/lOOmS DOLLARS with interest in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. DEED OF TRUST-Page 2 .... 20050707001746.003 To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of an other charges, liens or encwnbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to Beneficiary as its interest may appear and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. . To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and .to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes. assessments, insurance premiums, liens, encwnbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. DEED OF TRUST-Page 3 ..;, ) 20050707001746.004 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive their right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Beneficiary, or upon satisfaction of the obligation secured and Mitten request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shan apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of their execution of this Deed of Trust, and such as Grantor may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all of the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. 6. The power of sale conferred by this Deed of Trust and. by the Deed of Trust Act of the State of Was rung ton is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in whh:h Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. DEED OF TRUST-Page 4 .' STATE OF WASHlNGTON ) ) 55. COUNTY OF KING ) ~ GRANTOR: MJ,F, HOLDlNGS, INC" a Washington corporation By: vvv.", '1,M!,6. ~v:~/ L./" Michael J. F euerbom, ire8idnt 20050707001746,005 I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as president ofM.J.F. HOLDINGS, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. S!.r~ L-. Name (print) Not~Public Title 09:· 30· os- My Appointment Expires DEED OF TRUST --Page 5 .... ',""""\\\\Q ~_~~\ L. RIA. III ..::-,t,,\' •••••••• '111,0/ " :-:?:v. •••. ~:<oS\ON ~~ •• ~~ I,/ ; 0 .. ~~ ,()~ ... ;,.;. '~ : 10 ~OTAAy ~'" ~ ~ :0 ...... (/)! ~ ~ ~ : !: ~ <p ... PUB\..\V : ~ :: "'I :.A •• '" ,/ 0 ,; 11.1'i'.<.:.,~·30'C~.'· G-';-e. , .. 0 ...... ,. ~~ .. - "11\ P WASI(\ ........ --\\\\~",,,, .... .... " . 20050707001T~ TO: TRUSTEE. REQUESTFORFULL L · CONVEYANCE Do not record. To be used only when note has been patd. The undersigned is the legal owner and bolder of the note nd all other indebtedness secured by the within Deed of Trust. Said Note, together with all other indebte~ess secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and~rected' on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel sai note above-mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered t you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties de ignated by the terms of said Deed of Trust, aU the estate now held by you thereunder. Dated ,200_ DEED OF TRUST-Page 6 ./ ~:.:-r---" -.. -.. --~-~.--------"-,-",~"""""",,,~-~~_._.....;.;l.:.-.. -----.:~ .. -··-·~~~~::r .. :::.:::t.:..~<:l .. ~~._ ....... ~ ••• .,jAdIIiQ.:.. • .t.~:~ .. .:0~ 'i ,-. g,.': \ -I.:: .... ,t,4J . ,r'" (I ~:·'~Ii-/) .,-; , , ;A):.:·\..-L~'. '. Cc", ... '\' .:C ,·r.... C/JI.Y', . \t.r...i ,I)I\V> ,.'v I r 11!! I ( : J .!i r..r" ' c... r" ·\v .. \<.5·(,·~· ,V ,./ . " \' A_' . J~ " c?' .IN-'" "/ J..r '~ Deed ~"'ll"d J\I.::i: l!O,19CO :;':04 PlCJ. Vol J. 7" JOt· :l430 .. :hat.l3d ,Tan 2,:J,no .. 0 con,~n:~o (~ll.f;O at]:: .. ) ForI:]. :;»~J~t,J' .' /V..;)(MI-'l~~.1 {·A,;:c-'. ... ,,;c Hol'"thtlrn Pac 11113 Fll~il\m:r ~'Ql1piU1~r't'0 Jrunen (! :Jnln',n of ',\lbtirll; VI" ,i j /j and N II i.[(~J.1n of ~. J: '",0, W 1'.3 H R fl :r: ~U con tg 1 GO f.I.O----f'or 'h.E;; :.T 11389 ~. . . . . .. 1~,,:~~~f~~~~·Jl$tH:mf~~~~i!~f:i;~fJI?ll , --1'1 S rtlllprfin~})Y·r.uth of 1:.(1 of (lira het',H A .. /):.:: "':(:i~:~S~' Linn. Att (lith sel\l., ,". . -";.Ji >#ii4;;~==,';~";> \;." .':;;'; : .. =n ... .,="'~ .. =, ... =~f.~=:.10 ... ;.~~. ,;:,;~;f~~ , ~, 1900',3 :;37 I> ll!. Vol bt':: ~r:.' fjqtf 19.?1§,('j-i'~f:S~I~ ~,~ , " ;. , :':~:7~: " '·:·:··«;;~~~1~~(' > Dum: .. ::,n O"llnrl, and wi!'13 , ,'_ s': , :' ': .. ,~" , ··!;?~if~;:~~:~.~,~ i";P~;~~ .~f:ti~~~,,~i,r'~llt'r'''' . blk 1 ot 1I :r>Yttlllor'(-; Ph'S t /o,(ld t.oth~ {: of··;:,,;{'i j·a,ifil.9.:?:littd"ci1'l' of r, V ci, '·Y'.1n Vol 0'. of ,(t,C itO {l 4 95'1~ ;;1l1tCi;,ch11'~'jt:·-th~rdl):" ~~ 0 18 . .:~,(t,d1BQhd IlnrJ na t in !'nl.J.. :;~:'i<r; Ri:R And arGon ( StllLl) ~." :;;:"-'J\) , " .. :;:/;;: ,::.~. . ~ .. ,' • \ ':-:i' .' .' .~/~\:~·;~{f.;,;~.;;;.:;3":.':·;A~'t, ·Frft~ pJ,acflY !i P in ru\d f~r;)K Y.:ooIit.:" :.~i~;:~~;t'\~drici,m~ of .the I\;~~~~H .'.~:~ P..1J!'s ;ulCl G i3 or 11 T' und n"l'.J. of Ba ·UO~l(¥£'.;r.··?f";r , __ .. ".' "" (l~ C ~ tJ1 at t) . . ". . ;.:~./~f;:;:~:;~.:,;:~;~T'l ~~ .. ~-.... ",,,,== .. ,,, -... :: .. "''''r.",=",u~.e7''·' ':':,.';.::.+ .;,.g'i1 ·:;tdl~;:":~;"1960,3UI\ r,n. . V011r i l'l arf l!'l~{J~i,i.;·\;:~;~;~ .. ~t'I·~ '!on.f'aOO (~:1 [I 1::\' :~ .t) .: .' "~:<'if . , . ":~;~~J;!.~ fi . n, V! To .J.! J ]So,'l!) c: r n, \1/; '/}~~(~~'-'l .6 b 11 () t~ 0 ~\1\ to !I ;\ "'J\d , 0 h 1 fI b .;x nctl~in (l ;<llfi ){':':~:( ~ (1 ., in}~ 0(\, W, t."..wl t: , '.. ',"7t,'"", j ~n Y"8J.,,r'~ lnt M·~l 1.0 t.ho ;1 () r n n!ll1liB to ti)u :1"<0., ":~~~e~,1 th., n\t(l n tt ('\ r .: :)(\, ,'I .':fl:t ',: lime: ~.h" t,tlno ~:rJ t.o h nI,ct -.(l 11 :>dprCfr.\o wit. h ,<:;ppu'y.'· X:.;.\ a.dm 111 n nn rt 1\ r. . . :;':"'~;'~}i~(, rt to COll V1 r ,. ~. j q IlnJ ymt. lind ~ w \\XO~, t ~ /.lX..J1I "'::V'::, pf 189~. ,"-•... (n,,, 1) ;\,., . ll;ttll-Y W l',111'13 y;.) [In .. e~p,1900 by H W 1, t\ bl), c:h'f1or hlfl' "11dno~1 .1 1.':1-lilo l' '! i' tid It '.r. t . ., r..,tI r, tn. ')r:lr.l ex v.th 14,l:1(.1;~. ....' . / I' .tA~·~~~IU.'Z:=.~~=":I==:1I:Q~=.r.atf.. ·'-:..J·--:..:~.;:.·t:.··:-="'=1;::/":Rr1-~~ f~ J.lt;£.~ Fil·tld June 2p,J.9(;O,:J:H 1'11, \I(\ll-n", j,::.C;O,' L;'/ J.'')?'~3~. :,~ I\Dat~d. ,Tunll 20,1900 CC',~ .• ~;;O f '" .t .. : , '.'.(. u ~ M J l~Oj'll1 ~.nrl J,c>nn foe:.-')", hi" "'If ':'(l ';, ;':i ',V '.\!!If, ,."-;'1;"" ; , . ...~; .: :.¢;r:.::->~ ~N '1'\ I> cI 0 h..,r til,;: " b ", C ," , nn'(, Tl " ., r! . " l>i;\ h .. 1.: 1 1\ 1\ t.ll" t':L '" l'~ dl~;')':~~':''''':': ... .... ... ..-;, ... in J( ~)o, ','1 ..... ..(\-'!ti~ I.:.;<,:,;,~\".~, /41 l,ot. 4"blk 34 in Ytl811Ir'!I yj;rl.l~ Ad<i to tl,,, : ('1" , :\I}O\'\C tOl"ltO /J,z.,. plat tJI .. rOfot. 'rOC with I'll 'C\\j n~lI:~ ',htl t.eRfl :.;(). \.i;, ,( ./ \ '.' II ~ i I J 'I .. :·ff:13::i~~1~~·i2gth-II R(:>n· .... :~ y 8LDG""':.r _ / , ,I II QUIT .. CL/\Jlvf. DEED F:/'>; 37;;' T,le !iranl,or.. .henin. ~ .Wc':A}{N ~l!iD L~LLlAH. /0(, McCIJi:H • .hUt .wi!. lI'T tbe con.idtratloll ?f.. (':T ... ·'t, •• , •• ,. Dolan . the;'/',. fl' 1 d bl' h' bl' d 4lI.d &lao of bClleflu to eeCMle to .................................... "y rePOll 0 aYIDi' on . III uta "log a pu Ie l'O~ thro!)gb ........ t.be.lr ............... pro~rtY. ~d which i. hereinafter de.cribe.t, eouyj,y ......... rele8le ....... , and quit- elaim ........ to the County 1)f... .......................... · ........ ·.ilillb ......... , ................... ~te of WAlhin~toll. fGr use ot the Publio lonnr, u • pnblle road aDd h;i'bwaT. all illter<eSt in lbe lollowln, ducribtd rtJIIl eat.te. TiJ:.: The EaJ.t ~.otf.t. of thfl N.! of the S·.E:t of the N. W.t of the N~W.hf Section 15, Twp. 23 N., R. 5 E. w.M. EXCEP)' the East 7 ft. 5 Inches ther.ol for rood. _ . R/'N (36th Ave. S~E~ {Jouth of S.E. (28th St.) 'wretber with the rl,bt to mW .. all DICea&t7 ~ lor cnt. &I:Id fln. upcD the abutt"nl property. and CQ eacb aide of Aid doitOribed ri,bc-ol·"'1. hi oonfoi'JllitT with at&l1dud ~ aDd rpealflllatiOll.llor IUlh W'Y Pll~, &lid to the WIlt extent ud 'PIII'JIOM .. it the ricb" hV'8i.n P'Ulted had beeD aequired b,. eoadQlluiIoo proceed· in" under Eminent DomWa ,talut .. of the Stat, of Wuhlnctou, . . . lituated in the CoWl!)' oL ........ : .................. KA.,:,.r; ............................ State of Wubinpn. D.~ thi. .............. ~ ............. d'y ot. .............. E~.8~ ... _ .......... A..D.lJ .. {,..~ ~:::::.::: •. ··•·· •.• · ••. · •• ···· •• ·.:=::·(e~~:;~'~ '. (: 4li4~" . .,',." ,. t ; ~ '£ '.< ,. ;.: ,' ... -,' .. :,,-" .', ,,'.,. .' I· .... .... : • ' :~'G'~;- . .. '- , I I " ;;:-.. , '\ , ,\ 'I \ ~ I II II li i! I! II II ii 11 II I t, : II f ' I I j \ , , ,~ L ! , J' .. ".' . .... : 1 ! 1 i 'j ! i i 1 ~ , ~ 1 :l !. J 1! .~, { t ---' • ~~":I'.,;+VQ.:i4:iELl>IC::CZ:·.... • .riO.t#!' ~. ~ . CERTIFICATE WKEN RECOROEO RETURN 10: I, tile l.l:;~:~rsigned, ~tt Cierk of the City of Renton, Wa:;.hil'lgton, c.ertifytfiatthis is a true Office of the dl\" d.:rk Renton ,..!unki;;ll tiuliding 200 MI~ .. !\\'enue South Rento~V A 9~O~ 'U] and correcteopy .. Sub3cribedaIIdSed ~~ o "" Lt ........ ~ ~ ·;~.;r ,c::: CI l~J :::. tu f~; 1.u c.:: t.fJ i ~ ~ If! r-i c::;, --- "::;--~ 4 : ·)::1 c:: CITY OF RENTON, WASHINGTON ORDINANCE NO. 4612 . ern AN ORDINANCE OF 'l'BB CITY OF :RENTON r WASRn1'GTO!l, ESTABLISRING AN ASSESSHEN"l' DJ:STRIC'I' FOR SAlII'ITARY SEWIm SERVICE IN J\. PORTION' Oil' TR'E SOU'l'R HIGHLANDS, lIEATlIEB. DOWNS, AliO 'KAPLEWOOD Str.B-BASINS AND ESTABLI5RDrG THE AMomr.t' OF 'l'RE CHARGE 1JlilON CONNECTION TO 'l"HB Fl\Cn.:I'rn:s. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTqN, DO ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by. the East Renton Sanitary Sewer Intercepto~ in the northeast quadrant of the City of Renton and a portion of its urban growth area within unincorporated King County, wbich area is more particularly described in EXhibit "AN attached hereto. A map of the service area is attached as Exhibit "B." The recording of this document is to provide notification of potential connection and interest cnarges. While this connection charge may be paid at any time, the \ City does not require payment until such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SBC'l'!QN II. Persons connecting to the sanitary sewer facilities in tbie Special Assessment District and which properties .., g;; "" ru ~ I ffi ~ .... .... ~ 8 ~ ~ "" .., § ::i .., Ai: g ::0 Ii{ '" ~ r· i!j & !o! .... I "" g ~ ~ I f ~ : g J ~ r l , I. _f.l..-______ --------_____________ _ ~. / J/\ ~ , I I i ~ ~ " '" fj $ (J') ORDINANCE 4612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "Nt and which boundary is shown on the'm.:.p attaChed as Exhibit. "B,1t SECTION III. In addition to· the aforestated charges I there shall be a charge of 4.11% per annum added to the Per Unit Charge. The . interest charge shall accrue for no more than ten (lO) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance shall be effe,ctive upon its passage I approval, and thirty (30) days after publication'. PASSED BY THE.CITY COUNCIL this'1Qth day of June ~ 1996. City Clerk 1. I t ~ I I i I I J I ! ! ! ; I I ~ i I I I t I ~ ~ ) ~ ~ 1 t ~ ~ ~ 1 ---~ I,',' ., .. ,l--;; ORDINANCE 4612 ._-- APPROVED BY THE MAYOR this 10th day of June 1 1996. APP7~~~ Lawrence J. Warren, City Attorney Date of Publication; 6/14/96 ORD.576:5/20/96:as. (D tD ~ (:J ~ CD C1) :i?-----J~ Tanner, Mayor 3 ~ i r ."~ I 'f a I ~ i I t f j 1 l 1 I ·i 1 ,; ! i !1 ! 1 ~ i ._'"' ) P ....... 1:. £=c .1 Q.;JW CD ~ en S fJ o t&1 Q") Exhi bit A LEGAL oeSCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of Sections 8, 9, 10, 11, 14.15.16.17.21 andZ2 all in Township 23N, Range 5E W.M. in King County, Washington Section 8, Township 23N, Range 5E W.M. All of that portion of Section 8, Tovm.ship 23N. Range 5E W.M. lying East of the East right-of-way line of SR-405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection With the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North llne of the Southeast JA of said Section B; thence West along said North line to the East right-of-way line of SR-405 and the terminus of said line. Section 9, Township 23N, Range 5E W.M. All of that portion of Section 9, Township 23N, Range 5E W.M.lyin:g South and East of the following described line: . Beginning on the centerline of NE 7th Street at its intersection with the centerline of Edmonds Avenue NE: thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast l.4, of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE: thence Northerly along said centerline to its btersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Range 5E W.M. .All of that portion of Section 10. Township 23N. Range 5E W.M. lying Southerly and Wester1y of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of the South ~ of the Norm 1h of said Section 10; thence East along said North line to its hltersection willi the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast l.4 of said Section 10; thence East along said North line to its intersection with the East lme of said Section 10 and the tenninus of said line. F:'DA.TA>.'le!<llS2.0~EDSADLEQ"'\..00< I i It I ~ l I ~ i J. I ~ i I ; i i I I I I I ! I 1 "~ .. ~ ~ .... N e.o o t..o C") j ." ,.,. .. 0 .... ,. '.,IIC:; .. , Legal Description of the Special Assessment District iO!ff!!~ c:i!Y of Renton -East Renton Interc!!E,tor Section 11, Township 23N, Range 5E W.M. > " Pa%!..l!!13 All of the Southwest Y4 of Section 11. Township 23N, Range 5E W.M.. Section 14, Township 23N, Range 5E W.M. All of that portion of Section 14, Township ZSN. Range SE. W.M. descnbed as follows: All of the Northwest lA of said section. together with the Southwest 1A of said section. except the South lh of the Southeast Y4 of said Southwest ~ and except the plat of Mcintire Homesites and lh of streets acljacent as recorded in the Book of Plats. Volume 58, Page 82. Records of King County, Washington. and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52. Records of King County, Washington, less Ih of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts. less 112 of the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less lh the street adjacent to said portion of Tract 5. Block 2 . Section ~5J Township 23N, Range 5E W.M. All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest ;4 of the Southwest l.4 of the Southwest 1;-4 of said sectlon. Section 16, Township 23N, Range 5E W.M. All tif that portion of Section 16. Township 23N, Range 5E W;M., except that portion of the Southeast :t.4 of the Southeast 14 of the said Section 16 lying East of the East line of the Plat of Maplewood Division No.2 as recorded in the Book of PIats Volume 39, page 39, Records of King County Washington and its Northerly extension to the North line of said Southeast Y4 of the Southeast 1A of the said Section 16 and except that portion of said section lying Southerly ophe Northerly right-of-way line of SR-169 (Maple Valley Highway). Section 17, Township 23N, Range 6E W.M. All of that poIilon of Section 17, TownShip 23N. Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway) and Easterly of the Ea.st right-of-way line of SR-405 less that portion ly1ng generally West of the East and Southeasterly line of Bronson Way NE lying I':IOAT AIP.EN'.!Q3.Ws<aMEYlSEOIWlUlaA1.._ " ,~ .• ~ ,",,;. ,.<.,.;, •• ;.~ "I~;!~!~ ~ ! ~ r; c. i t. t. I J I • i ~ ,. t ~ ,: < I • ~ i I , . i I I l i j c 1 tD t/) al o ~ N r..D o r.D C"J J ,.~ Legal Description. of the Special Assessment District for the City of Renton -East Renton Iniergptor j~~ • Pa~3 between the South line of the NE Srd Street and the Northeasterly margin of SR- 405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR~ 169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of King County, Washington. Section 22, Township 23N, Range 5E W.M. All of that portion of Section 22. Township 23N, Range 5E W.M. described as follows: All of the Northwest 1,4 of the Northeast ~ of said Section 22 lying Northerly of the Southerly line of the Plat of Maplewoo<;l Heigh~s as recorded in the Book of Plats. volume 78, pages 1 through 4. Records of King County, Washington. : Together with the North 227.11 feet of the West 97.02 of the Northeast 1,4 of the Northeast ~ of said Section 22. I I I i I 1i e f. " ~ ~ f ~ ~ , ~ ~ ~ f : 1 , i ! I ! I I I 1 i I I ) \ , I I Po ItMTA\REN\ !n-07~\sE[).SJ.DlSGAL.cIoc I I .. '" ~ '_',r •.• ~. ';'';'. , \ •• i ~!'." ) .. OJ \Ii.!." ..... ," "caut1LlJ.OWR~"'''i'''Aj''''.i ... ]'---- Exhibit B EAST RENTON INTERCEPTOR Special Assessment District Boundary 1:24,000 e SANITARY SEWatS + + Planr.inglB~C worh !R Chri\tentetl,MQ<;Onie,Vlmoski N'C 20 Mr:cy 1996 -------City Limits £ZT.Z.2J Spt"Ciai Assanment District I ~ ~ ~ p, II l;;' 'I ~ I Ii I l ;l ~ I ~ I • ;; i. ~ ~ I i ~ 1 , , • I------------------------~----~ } City Clerk's Office City of Renton -\","I'I'l""\\\ 2004090800 0083 Return Address: 1055 S. Grady Way Renton, Washington 98055 ....... ~.o", .,11 ........... , ";'},I'" IIUA,,' £0''''''1 "VA. Cl~ OF R£N10N AG ~1 00 PAGE001 01= 009 09/0&/Z004 01 40 V.1NG COUNT'll \.IA Document Title(s) (or transactlons contamed therem) (all areas applicable to your document must be filled m) 1 DEVELOPMENT AGREEMENT Reference Number(s) of Related Documents: None Addltlonal reference #'5 on page __ of document Grantor(s) (Last name, first name, initials) 1 LmERTY RIDGE L ll., C , a Wasbmgton llmlted habIbty company AddltlOnal names on page ___ of document Grantee(s) (Last name first, then first name and IDltials) I CITY OF RENTON, a Washmgton mUOlclpal corporatlOn AddItIonal names on page ___ of document Legal description (abbreviated. i.e. lot, block, plat or section, townshIp, range) SB y.. NW Y4NW y.. of Sec 15, Twp23 N,RSE, W M (EXCEPT roads) Addioonallega\s are on page 2 of document Assessor's Property Tax ParcellAccount Number o Assessor Tax # not yet assigned 5182100049,51821000)0 and 5182100051 20040908000083.001 I I The AudltorlRecorder Will rely on the mformatlOn proVIded on the form The staff WIll not read the document I to venfy the accuracy or comEleteness of the mdexmg mfonnatlon Erovlded herem I DEVELOPMENT AGREEMENT--Page 1 _ 1 20040908000083.002 DEVELOPMENT AGREEMENT PARTIES This agreement (tlus "Development Agreement" or "Agreement") is made and entered into this 12th day of July, 2004, by and between the CITY OF RENTON ("City"), a municipal corporatlon of the State of Washington, and LIBERTY RIDGE L.L C., a Washington linuted liability company, the owner of the parcels of property covered by thIS Development Agreement ("Owner"). RECITALS WHEREAS, on November 18, 2002, the Renton City CouncIl passed ResolutIon No. 3596 calling for annexation, by election, of certain territory described therein, and dtrectmg that, in conjunctlon WIth said election, a proposition be submitted to the electorate of that territory that, slIDultaneously with the annexation, the territory have imposed upon It the City of Renton zoning regulations, prepared under RCW 35.A 14.340, with a Comprehensive Plan designation of ResIdential Single Family (RS) and a zoning classification ofR-8; and WHEREAS, an application was made to the CIty of Renton on December 16,2002 for a ComprehenSIve Plarl Land Use Map amendment and Zonmg Map amendment of the Owner's property that is legally described as follows (the "Property"): The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W M., King County, Washington. EXCEPT roads. WHEREAS, the CIty has assigned City File Nos. LUA 02-113 A,ECF,R and 2003-M-14 to the Owner's requests, and WHEREAS, the Property (which is all of the private property lying within the territory of the armexation contemplated by Resolution No. 3596) is currently located in tUllncorporated DEVELOPMENT AGREBMENT--Page 2 20040908000083.003 Kmg County within the City's Potential Annexation Area, and WHEREAS, certain nonconfonnmg uses are currently being made of portions of the Property (the "Nonconforming Uses"); and WHEREAS, TYDICO, a Washington corporation ("Tydico"), IS operating its construction business on the Property pursuant to a Lease between O\Vller and Tydico; and WHEREAS, at Owner's request, the CIty has commenced proceedings for annexatton of the Property into the City and the election contemplated by Resolution No 3596 has been held with all of the proposltlons set forth therein havmg been approved by the electorate; and WHEREAS, the ovvne! sought to have the Property, wruch is approximately 9.46 acres in size, given a Residential Options (RO) Lanu Use Map designation to allow ReSIdential 10 DweIlmg Units Per Acre (R-IO) zoning, and WHEREAS, the Owner 18 willing to have the City impose Residenual 10 Dwelling Units Per Acre (R-IO) zorung subject to this Development Agreement that would embody the site- speCIfic restrictions t.hat are set forth in Section 3, below upon annexation. WHEREAS, staff members of the City's Department of Economic Development, Neighborhoods and Strategic Planning and of the City's Department of PlanninglBuildmgIPublic Works have reviewed the Site~Specific Restnctlons and concur that they are appropriate' and WHEREAS, the Planning Commission held a pubhc hearmg concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment on October 15, 2003; and WHEREAS, on November 24, 2003, the City Council adopted a Planmng and Development Committee report concerning the request and amended the City's Comprehensive Plan Land Use Map to designate the Property Residential Options (RO); and WHEREAS, in Vlew of the already-passed annexatIOn election proposItion concerning the territory initially having an R-8 zoning classification when the annexation occurs, the Property is to be iml ially armexed into the City With that zonmg classlfication but, immediately thereafter, the zonmg 1S to be changed to &.10 in order to be consistent with the Property's Residential Options (RO) Comprehensive Plan Land Use Map deslgnation and the provisions of this Development Agreement; and WHEREAS, on November 17, 2003, this Development Agreement was presented at a public heanng before the CIty CouncIl; and WHEREAS, the CIty CounCIl has takenmto account the public comment presented at DEVELOPMENT AGREElvfENT --Page 3 ", , ... 'J ," .. -' J 20040908000083.004 that public hearing; and WHEREAS, this Development Agreement IS premlSed on the Property being annexed to the CIty of Renton and wlll be of no force or effect if that annexation is not realized withln SIX (6) months following the date that this Agreement is executed by both partles, and WHEREAS, this Development Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Development Agreement appears to be In the best interests of the citizens of the City of Renton, Washington; NOW, TIffiREFORE, the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36 70B.170(1), the CIty and persons with ownership or control ofreal property are authorized to enter into a development agreement setting forth development standards and any other provIsions that shall apply to, govern, and vest the development, use, and mitIgatIon of the development of the real property for the duration of such development agreement SECTION 2. SUBJECT PROPERTIES A. Illustrative Map: The drawmg attached hereto as Exhibit A graplucally depicts the Property. B. King County Property Identification Numbers: The following lIst mdicates the King County Property IdentIfication Numbers apphcable at the tune of this Development Agreement: 5182100049,5182100050 and 5182100051. SECTION 3. ZONING SUBJECT TO SITE-SPECIFIC CONDITIONS: A. Site-Specific Restrictions. The parties hereby agree that the followmg slte-specific conditions (the "SIte"Specific Restrictions") shall apply to the Property m conjunction with the R-IO Zoning Classification descnbed in subsection B, below: (1) All residential buildmgs shall be detached smgle-fannly residential buildings (Le., contain only one residentlal unit per buildmg); (2) All future resldenual lots WIthin the Property that directly abut the Property's south boundary shall have a mmImum width of 50 feet, and DEVELOPMENT AGREEMENT--Page 4 j (3) The net residentlal densIty of any development of the Property shall not exceed 10 dwelling units per acre. 20040908000083.006 B. Zoning Classification: The parties agree that the Property IS to be reclassified to the ResIdential ~ 10 Dwellmg Units Per Acre (R~ 1 0) zoning classification as soon as possible, subject to the Site-Specific RestrictlOns set forth above. SECTION 4. RELINQUISHMENT OF NONCONFORMING USE RIGHTS; CESSATION OF TYDICO'S BUSINESS OPERATIONS ON THE PROPERTY A. Relinquishment of Nonconforming Use Rights: Effective the day before the effective date of the annexation of the Property mto the City, the Owner hereby relinqUlshes its right to continue the Nonconfonmng Uses of the Property. B. Cessation of Tydico's Construction Operations on the Property: Not later than the day before the effective date of the annexation of the Property into the City, Owner shall cause (1) Tydico to cease its construction operations on the slte and (2) the removal of all remaining, storage of construction related equipment and stockpiled matenals (such as ecology blocks, traffic cones, barriers and construchon related signs) that are now stored on the northern half of the 81te SECTION 5. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or tenninated, this Development Agreement is enforceable during its term by a party to this Development Agreement; provided, however, only the CIty may enforce the Site~Specific ReHtrictions. Development of the Property shall not be subject to a new zoning ordinance or an am(mdment to a zomng ordinance or to a development regulahon or standard adopted by the City after the effective date of this Development Agreement unless (a) othefVv1se provided in this Development Agreement or (b) agreed to by the owner(s) of any of the portiones) of the Property to which such new zonmg ordmance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended developme·nt regulahon the regulation is one that the City was required to adopt or amend because of requirements of state or federal law Any development pennit or approval issued by the City for the Property during this Development Agreement's tenn must be consistent with this Development Agreement. SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B 170(4), the City reserves its authority to impose new or dIfferent regulations to the extent requrred by a serious threat to public health and safety. DEVELOPMENT AGREEMENT ~-Page 5 ) 20040908000083.006 SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this Development Agreement shall be recorded with the real property records of KIng County. During the term of the Development Agreement, the agreement shall be binding on the parttes and their successors and assigns. SECTION 8. TERM: 'This Development Agreement shall run WIth the Property until amended or rescinded by the City Council in accordance WIth SectJ.on 8, below. With respect to any portlOn(s) of the Property that are not developed, the patties to this Development Agreement agree to evaluate the Agreement periodtcally, but not less than every ten (10) years Where appropriate, periodic revtew of the Development Agreement shall generally coincide with the CIty'S evaluation of its entire Comprehensive Plan. SECTION 9. AMENDMENT The provtsions of this Development Agreement, before the expIration of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended WIth the mutual 'Mltten consent of the parties; provided, however, that the owner(s) ofportion(s) of the Property shall be entitled to amend the Development Agreement from time-to-tiroe (with the consent of the City) as it relates to their partlcular portiones) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of Its nonnal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 10. TERMINATION IF ANNEXATION NOT REALIZED The Property is currently in the process of being annexed into the CIty of Renton 'This Development Agreement WIll termmate and be of no force or effect if that annexation is not realized wlthm six (6) months follOWIng the date that this Agreement is executed by both partIes j~\\\\\\\\lUIlI""iJJ"I/':%; ~'tl Or R~Nl;~ ~f,~K' OA~ ~ v ~,,~ I ~ ~ ~* SEAL *1 "" IE ~~w ~~ ~ "9 ~ to, §f-~ ~ ~ ~7ED~~~ 'II;"'lffQfIriIIlIlH\\\\\\\~~ DEVELOPMENT A GREEMENT ~-Page 6 CITY OF RENTON By: ~~ Ke40 ~ tJ~ Kath$olker-Wheeler, Mayor f'~;'1-~jt}J1 ~''',w~ Attest: City Clerk Doom.a I. Walton ' Approved as to Form STATE OF WASHINGTON) ) ss COUNTY OF KING ) J 20040908000083.007 LIBERTY ruDGE L L.C., a Washington limited habihty company BY:~~~ Donald J. MePif)Manager I certify that on the 7H4h. day of ~t ,2004 KATHY KEOLKER" WHEELER appeared before me and acknowledge that she signed the Instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the WashIngton municipal corporation that executed the within and foregoing instrument and acknowledged the said mstrument to be the free and voluntary act and deed of said CIty for the uses and purposes therein mentioned, and on oath stated that the seal affixed, if any, is the corporate seal of said CIty. Dated: ~ Vii "toOt! ~~ I SIgnature M i chdt~ /Vf.)A./Ii1)IvVl VI. Print Name Notarx13mJic TItle q lf1L 1JJ1I, My Appointment ExpIres DEVELOPMENT AGREEMENT--Page 7 -_ ... , .... ,'" f'i:,\"''C. NEU"" ;' 0-<:' • • . .. .. Itt '\ J' ~ •••• ~~<o\ON'i::·,:.~ II /~ .. ~ ~ •• ~I ~ l ~ ~OTARY ~... ti, ~ ~o --(/): ~ , ... PUB\..\C : ~ .',\p'. : I' " ~;;:/!:19-f;)~.'/~ J "\'~oF""" ~r§! ~ '" Wp$~ / "", .... ---- 20040908000083.008 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that DONALD J. MERLINO is the person who appeared before me and acknowledged that he signed the instrwnent, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of LIBERTY RIDGE 1.L.C., a Washington limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned ill the instrument Dated this ~ day of v '-' l "1 ,-. , UVI' (print or type name) NOTARY PUBLIC in and for the State of Wasrungton, residing at ffic c'llh G"( My CommissIOn expires: 2-/0 ..... -zo 07 C \CF\2418\028\Comprehensl'fe Plan Amendment\Dev-Agrnt F3 doc DEVELOPMENT AGREEMENT--Page 8 EXHIBIT A 1 ; 20040908000083.009 El4tH St ,.",.l "VI ~'J...:... ,.O~el·ty". '. Tydico Zoning (2003-M-14) R"10 e Economlo Development, Neighborhoods & StrategIc Planning t lID + Alex 'Pleuehl Ad.lJ\tn1Strllor ~ op.\l\onno 19 Novembt( lOt-3 ~ -+--' cD n o 300 600 ~,;j",m:m"':'''''",'''~ 1 : 3600 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 20040928001359.001 Please print or~J'e_~nforma!i~n_WASIIlliQTON STATE RECORDER'S Cover Sheet (ReW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to YOllr document must be filled in) 1. Ordinance No. 5092 3. __________________________ ___ ~ ----------------~ ~ ----------------~ Reference Number(s) of Documents assigned or released: Additional reference #'s on page _ of document Grantor(s) (Last name first name, initials) 1. City of Renton 2. Additional names on page __ of document. , Grantee(s) (Last name first, then first name and initials) 1. 2. __________________________ __ Additional names on page __ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 north, Range 5 East, W.M., King County, Washington. Assessor's Property Tax Parcel Account Number 5182100049,5182100050,5182100051 o Assessor Tax # not yet assigned The AuditorlRecorder will rely on the information provided on the form. The staff will nof rea~ the document to verify the accuracy or completeness of the indexinl!: information provided herein. . I am requesting an emergency nonstandard recording for an additiona1 fee 'a~ 'provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ________________________ Signature of Requesting Party '" ~<::;:~~l~.~;,<.~ .... .. I .. ) ~ .. ' .., ., CERTIF,IC':"lE / ,of' ''/ ~,,; .5 I, ,the undersigned Citr Clerk 0f~~ " p..) ('1 ] & CIty of Renton, Washmgton, certm." ~" ,v . ,,;;: that this is a true and correct copy.1$·, '. .,' ~ * , Orc-lt'naY1c.c,.. S9q~ . Subscribea' ;O"j~}.\ ,,' " and sealed this.&':day o~ 20 Q!L " ~·-J.:W City Clerk CITY OF MNTON, WASHINGTON ORDINANCE NO. 5092 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CONTIGUOUS UNINCORPORATED TERRITORY KNOWN AS THE TYDICO SITE ANNEXATION, BY THE ELECTION METHOD, SETTING THE TAXATION RATE, AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. WHEREAS, after public hearing, the City Council enacted a resolution calling fur an annexation by election under RCW 35A.14.015 fur an area commonly referred to as the Tydico Annexation, which area is the 9.61-acre property generally bounded by the centerline ofNE 3,d Place, if extended, on the north; the centerline ofSB 132ud Street, if extended, on the south; 1341h Avenue, if extended, on the west; and, Bremerton Avenue NE on the east, legally described in Exlubit A attached hereto and incorporated by reference as iffully set forth; and WHEREAS, said resolution also called fer an election on a proposition that the property in the Tydico Annexation should be subject to existing bonded indebtedness; and WHEREAS, said resolution also called for an election on the proposition that all property located within the territory to be annexed, excluding street right-of~ways, simultaneous with the annexation, shall have imposed the' City of Renton zoning regulations, with a Comprehensive Plan designation of Residential Single Family (RS) and a zoning designation ofR-8; and WHEREAS, an election was held pursuant to State statute; and WHEREAS, said proposed annexation had been submitted to and approved by the King County Boundary Review Board; and WHEREAS, in the September 16, 2003, election fur the Tydico Annexation, the assumption of indebtedness was approved by the voters; and 20040928001359.002 -i 20040928001359.003 ORDINANCE NO. 5092 WHEREAS, the election results certifYing a sufficient majority to permit annexation of the area have been received by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION], There has been filed with the City Councll of the City of Renton, Washington, certified election results indicating a sufficient majority was received approving the Tydico Annexation to the City of Renton and such annexation bas been approved by the Washington State Boundary Review Board for King County. The City Council finds it to be in the best interest of the citizens of the City of Renton to annex and does hereby annex the territory submitted to the voters as the Tydico Annexation situated in King County, Washington, as contiguous, proximate and adjacent to the present corporate limits of the City and as more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference. SECTlONII. All property located within the territory to be annexed, excluding street right-of-way, shall, contemporaneously with the annexation, have imposed, by separate ordinance, R-8 zoning consistent with the ballot text that was approved by a majority of the voters within the annexation area. SECTION III. The territory set forth in this ordinance and for which said election results were certified for annexation should be and is hereby made a part of the City of Renton. The area shall be assessed and taxed at the same rate on the same basis as property within the City of Renton to pay for all or any portion of the outstanding indebtedness of the City of Renton, which indebtedness has been approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation. 2 20040928001359.004 -' ORDINANCE NO. 5092 SECTION IV •. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage, approval, and publication. PASS~D BY THE CITY COUNCIL tbis 13th day of September ,2004. ~'J~ Bonnie I. Walton, City Clerk APPROVEDBYTHEMAYORtbis 13th dayof September ,2004. Approved as to form: ~t01/ en e. arr Attorney Date of Publication: 9/17/2004 ( summary) ORD.1126:S/13/04:ma 3 t(~~rvJ~ ~'1 • 1\...# \ u, ..• : ... ",~ • .' ;,y .... .. ~.~ .. ~~~ ... . . CV·'."·f ~.\",.'~ • . " .... ~ ... -~'. '~~ ~o. ~ ct:;" ,1<,: . ~ ':;f : ~ i ;"-: Jfl.·t.:o § : 0 ~' '-I.J 'it.". :..., : '. . ....... .. \ -r.... CI) ...... ~./ . 'f' " "0' .... .... ..... ~ .. ~ .. , ........ . "'" '1""'1" . ¥:. ~. ORDINANCE NO. 5092 TYDICO SITE ANNEXATION LEGAL DESCRIPTION Exhibit A The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 north, Range 5 East, W.M., King County, Washington. 20040928001359.005 0 0 I-' .. W W 0 -0\ 0 m 0 0 "1 ir .~ !h 3i " 0\ s. 0 iH <::) ., f f ~ i i a: nQ!1{X:t[ ::=. 900'S9S ~008ZS0vOOZ 00 D \] 0 0 G () f - Q C2 ~ CJ [b 01-----, 01 a o o o " VOLUKE/pAGE FLNHURST A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington DEDICATION: Know all people by these presents that M.J.F. Holdings, Inc a WashIngton corporation ("Dedicator "), the owner of a fee simple interest In the land hereby subdivided, hereby declares thIS plat to be the graphIc representation of the subdivision made hereby and does hereby dedIcate to the use of the publIC forever all streets and avenues not shown as prIvate hereon and dedicate the use thereof for all public purposes nat inconsistent wIth the use thereof for public hIghway purposes, and also the right to make all necessary slopes for cuts and fills upon the lots shown thereon in the ~riglnal reasonable gradIng of said streets and avenues. Dedicator further dedlcates the easements and tracts deplcted and described on this plat to the persons and entities identlfied and for the purposes stated. Further. the Dedicator herebY walves for itself and its helrs, successors and assigns and any persons or entltles deriving title from the Dedicator, any and all claims for damages against the Clty of Renton and its successors and assigns that may be occasioned by the establlshment, construction or maintenance of roads and/or drainage systems within thls subdivision other than claims resulting from inadequate maintenance by the Cl ty of Renton. Further, the Dedicator herebY agrees for ltself and its heirs. successors and assigns to indemnify and hold the Clty of Renton and its successors and assigns harmless from any damage, lncluding any costs of defense, claimed by persons wlthln or without this subdivisIOn to have been caused by alteratlons of the ground surface, vegetation, drainage, or surface or sub-surface water flows within the subdlvision or by establlshment, construction or maintenance of the roads wi th In th 1 s subd i vis 1 on: prov lded, however, that th 1 S wa i ver and indemnification shall not be construed as releasing the City of Renton, its successors or assigns. from llability for damages, including the cost of defense, resultlng In whole or In part from the negligence of the Clty of Renton, ltS successors or asslgns. This subdivision, dedication. walver of clalms and agreement to hold harmless is made with the free consent and in accordance with the desire of sald owner DEDICATOR: M.J.F. Holdings, Inc., a Washington corporation By: Michael J. Feuerborn, Presldent EXCHANGE COUNSEL. INC., a Washlngton corporation, the holder of a deed of trust beneflciary's interest in the land hereby subdivlded (Klng County RecordIng No. 20050707001746), hereby consents to the above-stated DedIcatIOn and thls plat EXCHANGE COUNSEL. INC. a Washington corporation By: Mark E. Hodges, President ACKNO WLEDG EMENTS: STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) I certify that I know or have satIsfactory eVldence that MICHAEL J. FEUERBORN is the person who appeared before me and acknowledged that he signed the instrument. on oath stated that he was authorized to execute the instrument and acknowledged it as President of M.J.F. HOLDINGS, INC .. a Washington corporation, to be the free and voluntary act of such corporatlon for the uses and purposes mentIoned in the instrument. Dated: Signature Name (Print) Ti tIe Notary Publlc ______ _ My ApPOintment Expires STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) I certify that I know or have satlsfactory eVldence that MARK E. HODGES lS the person who appeared before me and acknowledged that he signed the lnstrument, on oath stated that he was authorized to execute the lnstrument and acknowledged It as Presldent of EXCHANGE COUNSEL, INC .. a Washington corporatIon, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: Slgnature Name (Print) Ti tIe Notary Public ______ _ My ApPolntment EXPlres APPROVALS: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments for WhlCh the property subject to this subdivision may be liable to the CIty, and that all special assessments on any property herein contaIned dedIcated as streets, alleys, or for any other public use have been duly pald, satlsfied or discharged, this ___ day of 2006. Finance Director CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS Examined and approved this ___ day of _____ _ 2006. AdmInistrator CITY OF RENTON MAYOR Examined and approved thIS ___ day of _____ _ 2006. Mayor CITY OF RENTON Examined and approved this __ day of ____ ~2006. CIty Clerk KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved this __ day of ____ ~2006. Klng County Assessor Deputy. King County Assessor Account Numbers ________________________ _ KING COUNTY FINANCE DIVISION CERTIFICATE I hereby certlfy that all property taxes are paId: that there are no delinquent special assessments certified to this office for collection: and that all special assessments certified to this offIce for collectIon on any of the property herein contaIned, dedlcated as streets, alleys, or for any other public use, are paid In full. thls __ day of 2006. Manager Finance Dlvislon Deput y RECORDER'S CERTIFICATE Filed for record at the request of the Clty of Renton this __ day of 2006, at __ minutes past _~ and recorded In Volume __ of Plats, pages records of King County, Washlngton. Divlslon of Records and Elections Manager Superlntendent of Records LAND SURVEYOR'S CERTIFICATE: I hereby certify that thlS plat of Elmhurst is based on an actual survey done by me or under my direct supervision: that the bearlngs and distances are shown correctly: that the perlmeter monuments have been set and that all other monuments and lot corners have been set or bonded WIth the CIty and will be set prior to the release of the bond: that I have fully complIed with all State and Clty regulations governing plattIng and that the plat conforms to the approved preliminary plat and the condi tlons of approval thereof. Stephen H Woods, P.L.S. 3B965 THE DIjNER/DEVELOPER, SHALL DEFEND, INDEMNIFY AND HOLD THE CITY OF RENTON, ITS OFFICERS, OFFICIALS. EMPLOYEES AND VOLUNTEERS HARMLESS FROM ANY AND ALL CLAIM, INJURIES, DAMAGES, LOSSES OR SUITS INCLUDING ATTORNEY FEES, ARISING OUT OF OR IN CONNECTION WITH THE COMPLETION OF ALL REQUIRED PUBLIC FACILITY IMPROVEMENTS FOR THIS PLAT. THE CITY'S FINANCIAL OBLIGATION TO CONSTRUCT ANY DEFAULT PRIVATE UTILITY FACILITIES AND PUBLIC INFRASTRUCTURE FOR STREETS. WATER UTILITY, SANITARY SEWER UTILITY. DR STORM WATER UTILITY SYSTEM IS LIMITED TO THE FACE VALUE OF THE BONO THE OIjNER/DEVELOPER HAS POSTED IN LIEU OF THE REQUIRED PUBLIC IMPROVEMENT. THE CITY RESERVES ITS UNILATERAL RIGHT TO ESTABLISH THE SCHEDULE FOR CONSTRUCTION OF DEFAULTED PLAT INFRASTRUCTURES. THIS STATEMENT IS LEGALLY BINDING UPON THE HEIRS, AND/OR ASSIGNS OF THE OWNER/DEVELOPER. SUBSEQUENT PROPERTY OIjNERS AND THEIR HEIRS AND/OR ASSIGNS. Date INDEX DATA: NW-NW 15, T23N, R5E, WM ~ Centre 33701 9th Avenue South ~ Federal Way, WA. 98003 LUA-05-090-FP LND-1O-0427 __ ~_ Pointe (253) 661-1901 ~ Surveying DRAWN BY: S Woods CHECKED BY: S Woods DAm December 1, 2005 JOB NAME: FINAL PLAT NA 10BHO.: 2257 SURVEY FOR: MJF Holdlngs, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 1 OF 5 ££HHORSF VOLUllE/PAGE A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. 27.29 46.27' 50,00' I~ LINE ARC C1 15,95' C2 1.65' C3 27.06' C4 0.52' C5 50.58' C6 181.66' C7 24.63' C8 39.33' C9 33.63' C10 20.08' Cl1 38.74 C12 13.54 C13 13.57 C14 26.18 C15 12.61 C16 26.1S C17 39.75 C18 36.39 C19 9.78' C20 44.36' C21 39,70' C22 37.73' C23 39.51' C24 3S.79· C25 39.55' C26 2S.73' C27 19.52' C28 21.97' C29 45,54' C30 35.08' C31 58.46' C32 19,22' C33 2.62' DEL T A RAD IUS 4'03'45" 225.00 3'47'02" 25.00 62'01'24" 25.00' 0'09'06" 196.00 14'47'06" 196.00 53'06'16" 196.00 S 'IS' 10" 171.00 13'10'36" 171.00 2S'45'37" 67.00' 17'10'03" 67.00 33'07'4S" 67.00 11'34'52" 67.00 31'05'55" 25.00 60'00'00" 25.00' 2S'54'05' 25.00 60'00'00" 25.00 91'05'55" 25.00 9'26'07"' 221.00 2'32'05' 221.00 101'39'32' 25.00 90'59'21' 25.00 S6'27'41' 25.00' 12'38'53' 179.00' S8'54'05" 25.00' 90'38'20" 25.00' 12'45'38" 129,00' 8'40'OS" 129.00' 8'10'32" 154.00' 16'56'42" 154.00' 13'03'00" 154.00' 21'45'00" 154.00' 36"42'19" 30,00' 0"40'42" 221.00' 50.01' LINE BEARING DISTANCE L1 N03'14'01"E 8.89 L2 N79'27'24"W 60.33 L3 N79'09'12'W 32.66 L4 N82'09'26"W 25.S2 L5 N56'Og'40'W 30.42 L6 N39'52'10"W 25.26 L7 N4S'58'19'"W 21.28 L8 N29'17'44"W 24.85 L9 N15'28'25"W 31.95 L10 NlS'44'43"W 41.02 L11 N14'15'5S"W 15,53 L12 S14'15'58"E 14.56 L13 N07'OS'36"W 37.03 L14 S05'22'27"'E 3,4S L15 N05'22'27"'W 51.23 L16 S15'40'24"E 8.99 L17 N15'40'24"W 41.59 L18 S15'40'24"E 6.49 L19 NOO'22'58"W 27.43 L20 S03'56'41"W 6,34 L21 N03'56'41'"E 17.53 L22 N01'4S'37"'W 22,52 L23 N01'48'37"W 23.66' L24 SOl'52'41"W 16,36 L25 N01'52'41"E 21.34 L26 500 '13'35"W 18.67 L27 NOO'18'OO"E 52.07 L28 NOO'04'09"E 24.39 L29 N02'02'50"E 87.63' S89'08'05"E 647.66' 622.66' LEGEND: ~ ~ Monument found as noted. VisIted Sept. 15, 2004. • -Set '4 rebar with yellow plastic cap stamped " 22338/38965" )8l: = Set "X" in brass dISk In 4" x 4" concrete post In monument case. (R) c Radlal beanng ~ = Address number UaSE = Utlllty, DraInage and SIdewalk Easements. AUE = PrIvate Access and Utlllty Easement to lot 14, UE = UtIlIty Easement. SE ~ SanItary Sewer Easement. CE = 1 by 6' Clearance Easement. t Centre 33701 9th Avenue South ~ Federal Way, WA 98003 __ ~_ Pointe (253) 661-1901 ; Surveying DRAWN BY' S Woods CHECKED BY. S Woods DArn December 12, 2005 JOB NAME: FINAL PLAT I" ~ 50' JOB NO. 2257 Washington DETAIL "A" o ~ i'x S'CE x (CLEARANCE 11~ 5" EASEMENT) ~--~~ 1-!--- SCALE: 1" 50' LUA-05-090-FP LND 10 0427 mDEX DATA: -~ .... NW-NW 15, T23N, R5E, WM SURVEY FOR MJF Holdings, Inc, 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 2 OF 5 A portion of the NW 1/4 of the City of Renton, Basis of Bearing: True North Based upon Global Positloning System (GPS) Lambert GrId Washington State North lone coordinates A convergence angle of 00·58'30.28" counterclockwlse was applied at a punch mark In 3" King County surface brass disc, at the street lntersectlon of NE 4th St. and 148th Ave SE, marking the Northeast corner of Section 15, Township 23 North, Range 5 East of the Wlllamette Meridlan The North Amerlcan Datum of 1983/1991 (NAD 83/91) grId coordinates were found to be 180903998 ! 1316622.321 at that pOint. The inverse of both the sea level correctIon factor of 0.999981824 and the grid scale factor of 1.000002187 was applied to the grId coordinates for shown ground dlstances Renton Control Monuments: Base #1: CITY OF RENTON CONTROL POINT '1503 Found copper nai 1 in concrete post, lncased, at the lntersecbon of Union Avenue Northeast & Northeast 4th Street Elevation 401.02 feet Northing 181067.883 Easting: 1311396675 ~f~~ dr RENTON CONTROL POINT .478 Found copper nail in concrete post, lncased. at the lntersection of Union Avenue Northeast & Southeast 2nd Place. Elevation 391.02 feet North i ng: 178418.364 Easting: 1311352.404 Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH J2 OF THE SOUTHEAST Y.. OF THE NORTHWEST Y.t OF THE NORTHWEST ~ OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE: TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECOROEO UNDER RECORDING NO. 20051007002099: (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST Y.t OF THE NORTHWEST Y.t OF THE NORTHWEST Y.t OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M.: EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE ~go5i66~b02~9§~PY OF WHICH IS RECORDED UNDER RECORDING NO. (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECOROED PLAT THEREOF AND OTHER PROPERTY): SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON PARCEL c: THE NORTH ~ OF THE SOUTHEAST Y.t OF THE NORTHWEST Y.t OF THE NORTHWEST Y.. OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE: AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER: TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 515B, A COPY OF WHICH IS RECORDED UNDER RECOROING NO. 20051007002099: (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 6TH ST VICINITY MAP I" -1/4 Mile VOLUME/PAGE ELNH[/RST NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington Northwest corner of Sectlon 15, Townshlp 23N, Range 5E, w. M. Found copper na 11 ln concrete post, incased. Clty of Renton #1503. gD~E31V _.__ _ __ S89·01·30·E 2585~ 16 15 646.44 I 5~6.1111· T 10 ~North 1/4 corner of Sectlon 15, Townshlp 23N, Range 5E, W. M. Found 2'· brass disc with' X'· ~ ~ ~ ~ ru 0 0 0 0 z 16 ru ~ ~ ~ 13 ~ I ~ 1:£ ~I I-~55_· _ 54755 I S89"08·05·E~ 1295.33· 'l' ~ ~ rn q ru ~ 648.89' o z ~ ~ West 1/4 corner of (I 648.89· o ru o q ~ ru S89"14·38 E 259555 s I~ I~ ~I 1292.89· 1297.77· -I ------ ~ ru ~ ~ 0 ~ 0 ~ ru g ~ ru 0 z I K 400 800 I 1 Sectlon 15, Townshlp 23N, Range 5E, W. M. Found copper nall ln concrete post, incased. ?CltY of Renton #478. I I 4§) SCALE: DRAWN BY: DAre 1302.5B· I" 1302.68 S89"27·41··E 2605.36' CONTROL SKETCH Surveyor's Notes: 1) The monument control shown for thlS slte was accompllshed by held traverse ut1l1z1ng a one (1) second theodollte wlth lntegral electronlC dlstance measurlng meter (Geodlmeter 600) and Real Tlme Klnematlc (RTK) / Statlc Global Posltionlng System (GPS). Llnear and angular closure of the traverses meet the standards of WAC 332-130-090 2) Full reI lance for legal descrlptlons and recorded easements have been placed on the tltle report from Stewart Tltle Guaranty Company Commltment Order No 205115486, dated November 22, 2005. No addltlonal research has been attempted. 3) Offset dlmenslons shown hereon are measured perpendicular to property Ilnes. 4) The ArtIcles of Incorporation for the Elmhurst Homeowners Assoclatlon are on flle wlth the State of Washlngton Secretary of State·s Corporatlons Olvlslon Offlce In Olympla, Washlngton. 5) There shall be NO dlrect vehIcular access to or from Bremerton Avenue Northeast ln regard to Lots 1. 29 and 30. 400' LUA-05-090-FP LND-10-0427 ~ Centre 33701 9th Avenue South Federal Way, WA 98003 Pointe (253) 661-1901 Surveying 5 Woods CHECKED BY: 5 Woods December 1, 2005 JOB NAME: FINAL PLAT IDBNO.: 2257 INDEX DATA NW-NW 15, T23N, R5E, WM SURVEYI'OR. MJF Holdlngs, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 3 OF 5 / VOLUME/PAGE ELNH{/RST A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington PROTECTIVE COVENANTS, CONOITIONS, EASEMENTS AND RESTRICTIONS See that certain "DeclaratIon of Protectlve Covenants Condltlons Easements and Restrictlons of Elmhurst recorded under Klng County Recordlng No (the "Elmhurst CCRs ") CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION M.J.F. Holdings, Inc a Washlngton corporatIOn. hereby conveys and qUItclaims Tract A to the Elmhurst Homeowners ASSOclatIOn, a Washington non-profit corporation, together wlth after-acqulred title, subJect to the various easements set forth on thls plat. CONVEYANCE OF TRACT B TO THE HOMEOWNERS ASSOCIATION M.~.F. ~oldlngs, Inc a WashIngton corporatlOn hereby conveys and qUltclalms Tract B to the Elmhurst Homeowners Assoclat1on a Washlngton non-profIt corporatIon. together WIth after-acqulred tltle subJect to the various easements set forth on thls plat. TRACT A EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER IMPROVEMENTS LYING WITHIN TRACT A A non-excluslve easement for the installatIon, operation, maIntenance, repair and reconstruction of a stormwater detention and water quality pond, other dralna~e faclllties, fenCIng and landscaping (collectlvely, "Orainage Improvements) IS hereby declared over, under, along and across Tract A. Th~s easement shall r:-un WIth the land, benefIting all of the Lots wlthln thIS plat and burdenlng Tract A. The DraInage Improvements located within Tract A shall b~ owned, opera~ed, and maintalned by the Elmhurst Homeowners ASSocl~tlOn untIl such tlme (If ever) the Clty of Renton assumes operatIon and maIntenance responslblllty for them. Prior to an. assumption by the CIty of Renton of operatIon and/or ma1ntenance respor:slb111t1es of the DraInage Improvements located wlthln Tract A, (a) the Clty of Renton shall have the rIght to enter Tract A to repair any deficiencles In such improvements In the event the Elmhurst Homeowners Associatlon fails to maintaln or repalr them and (b) the cost of such repairs made by the CIty 9f Renton s~all be relmbursed to the City by the Elmhurst Homeowners Assoc1atlon WIthIn 90 days of the CIty'S demand. After (and to the e~tent of) an assumption by the C1ty of Renton of operation and/or maIntenance responslbll1tles of some or all of the DraInage Improvements located wIthln Tract A,. the C1ty of Renton shall have the right to enter Tract A to operate, maintaIn and repaIr the Improvements at the City's cost. TRACT B EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER FEATURES LYING WITHIN TRACT B :n~o~;~;g;~~G~f i ~~s~~e~~e f~~ri~;n i~~t~~~a~~g~m ~~~~~~~~nd 1 ~~~~~~~a?~~'i 1 ~~~~~ r in Tract B that extend downstream toward MaplewOOd Creek (an ephemeral stream) from the DraInage Improvements In Tract A IS hereby declared over, under, along and across Tr~ct B. ThIS easement s~al1 run WIth the land, benefIting all of the Lots withln thlS plat and burdenlng Tract B. The Elmhurst Homeown~rs Asso~i~tlon shall have the duty to maIntain and repaIr Tract S, includIng w1thout llm1tatlon the duty to maIntaIn and repair when 9~:g~d B,(1\2}hfh~t~~~~m c~~~~~~g~f d ~~~h~~~~ l~~C ~ i 1 ~f~~e~~o~r~~~e~ f~~~g e~f~~~ n downstream toward Maplewood Creek from some of the DraInage Improvements In Tract A, (3) the fence along the east and north edges of Tract B (includIng the Clty-requlred stream buffer notIce Slgnage on that fence) and (4) the trees planted in conJunctIon WIth thIS plat withIn the stream buffer along the east and north sldes of Maplewood Creek w1thln Tract B. Prior to i?n.assumptlon by the CIty of Renton of operatlOn and/or maIntenance responslbllItles of the storm draInage d1scharge fac111ties In Tract B that extend downstream toward Maplewood Creek from some 9f the DraInage Improvements In Tract A, (a) ~he ~lty of Renton shall have the rIght to enter Tract B to repaIr any defIc1enc1es 1n such fac111tles In the event the Elmhurst Homeowners Associat10n falls to mainta1n or repa1r them and (b) the cost of such repaIrs made by the CIty of Ren~on shall be reImbursed to the CIty by the Elmhurst Home.owners ASSOCIatIon withIn 90 days of the City's demand. After (an~ to the extent of) . a~ assumptlDn by the City of Renton of operatIon at:1d/or maIntenance responslb111t1es of some or all of the storm draInage dIscharge fac111tles 1n Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements In Tract A, the C1ty of Renton shall have the rIght to enter Tract B to operate, ma1ntain and repa1r the fac111ties at the C1ty'S cost. CONSEQUENCES OF (j) HOMEOWNERS ASSOCIATION DISSOLUTION OR (2) FAILURE TO PAY PROPERTY TAXES FOR TRACTS A AND B In the event that the Elmhurst Homeowners Assoc1at10n IS d1sso1ved or otherw1se fails to meet its property tax payment obligations WIth respect to Tract A and/or Tract B for a perIod 9f eighteen (1B) months follow1ng the date that property taxes are due to be pa1d to KIng County for those tract (s), NATIVE GROWTH PROTECTION EASEMENT Tract B IS hereby declared to be a Natlve Growth ProtectIon Easement ("NGPE '), ~~~J~B;p;~e t2~ ~~~e~~8~s s~~~iC~~d f~~o~r~~e~~~~~w~;fi~~e~~~~~gt~~n th(~~dPf~~ trees planted 1n the stream buffer along the east and north sides of Maplewood Creek withIn Tract B in conjunctIon W1th thIS plat) for the control of surface water and erosion, maIntenance of slope stabIlity, v1sual and aural buffering, and protection of plan~ and animal habItat. SubJect to the easeme~ts dep1cted upon or otherWIse speCIfied on th1S plat, the NGPE proh1blts all pre~ent and future owner (s) of Tract B from disturbing any trees and oth~r vegetatIon WIthIn the NGPE unless done pursuant to express wrItten perm1ss1on of the CIty of Renton. Th1S prohibItIon shall be enforceable by the CIty of Renton Except as provided for above, the owner (5) of Tract B may not cut, prune, cover WIth fIll. remove or damage the vegetation w1th1n In it. The rIght of entry granted herein shall apply to the agents, representatlves and employees of the owner (s) or subsequent owner (s) of the underlYIng property. PRIVATE ACCESS AND UTILITY EASEMENT ~ e ~ ~ ~ ~e ~~ ~ u ~~ ~ e 0 ~ a; e~~ ~~e ~~ ~ ~~a r ~~~e~ ~ ~o ~ ~~e ~ ~ 1 ~~~ 1: ~ r a~ ~n ~ ~~ ~ ~ t ~~~'i n~a ~ ~ ~ en a nc e, appurtenances thereto IS hereby declared over, under, along and across the portIon of Lot 13 depIcted on Sheet 2 of 5 of this plat as '20' PrIvate AUE to Lot 14. (The Leger:d on that sheet states 'AUE = Private Access and UtilIty Easement".) The drlveway.w~thln thIS easement shall be for the joint use of Lots 13 and 14 and any utIlItIes and/or storm drains installed in the easement intended for the com~on use of Lots 13 and 1~ shall be for the JOint use of those two lots ~~~ 1 ~ l~~e~e o~n~i~~~egre~~~ l~ni~~~e~a~~~e~~~) uS~a~~l~~t i~3 p~~~ lb ~~e~o~n 1~h i~ 1 y ~~~e~~~t. ThIS easement shall run w1th the land burdening Lot 13 and beneflting ~~~ ~~~~~~ ~~e L~; I v~~a~ngn~4a~~a ~ ~ i~~~~ ~~~dP~~~i~~f ~s r ;~~t s ~~~m d~~~ l~~ ~~~nta 1 n appurten':lnces thereto located In this easement. The costs of such maIntenance and repa1r are to be shared equally between the owners of Lots 13 and 14. To the ~xtent that util1ty serV1ce or storm drain lines and appurtenance thereto w1th1n the easement serve only one of those two lots, the owner (s) of such served lot shall have the perpetual rIght and duty to maintaln and repaIr such lInes and appurtenances. PRIVATE UTILITY EASEMENT A non-exclusiv~ ea~ement for construction, maintenance, repair and use of underground utIlItIes and appurtenances thereto is hereby declared over, under, along and across the portIon of Lots 12 and 13 depicted on Sheet 2 of 5 of this plat as .5. UE. (The Legend on that sheet states "UE = Utility Easement") Any ut111tles 1nstalled In the easement intended for the common use of more that:1 ~ne of Lots 12, 13 and 14 shall be for the j01nt use of those lots. (Utlllties ir:tended for, th~ use of Lot 12 only or Lot 13 only or Lot 14 only may also be Installed WIthIn the easement.) This easement shall run WIth the land burdening Lots 12 and 13 and benefiting Lots 13 and 14. Th~ owners of Lots 12, .13 and 14 shall have the perpetual right and duty to ma~ntaln and repair utIlIties and appurtenances thereto that they Jointly use WhICh are located In thIS easement. The costs of such maIntenance and repair are to be shared equally betw~en the owners of the JOint-USing lots. To the extent that utIlIty serVIce llnes WIthIn the easement serve only one of those ~8~~et~0~;'lni~~no~~~r~~~a~~ ~~~~ II~~~d lot shall have the perpetual right and PRIVATE DRAINAGE EASEMENTS A prIvate, non-exclusIve drainage easement 2.50 feet 1n WIdth IS hereby declared to run parallel. to and a~utting all interior lot llnes of the Lots created by th1S plat. In addItIon, a prIvate, non-exclus1ve draInage easement 5.00 feet 1n width 1S hereby declared to run parallel with and abutting all rear lot 11nes of the Lots created by thIS plat Further, a pr1vate, non-exclusIve draInage easement 10,00 feet In w~dth IS hereby declared to run parallel with and abutting all publlc street rlght-of-~ay frontages of all of the Lots lYIng WIthin thIS plat All of these easements 1nclude the r1ght to enter upon the easement areas at ail times for the stated purposes of these easements, which include (a) the Installation, use, maintenance and repair of prIvate storm draIn (s) and appurtenances thereto and (b) the InstallatIon, use" maintenance and repaIr of ~ ~~ ~ n ~I ~ t s ~~ ~ ei ate; n ?~~~S ~ ~ ~n; f f ~~ t t ~ ~y r ~ ~ o~~ ~ n ~ o~ f 1 ~ ~;~ ~ i a~~ e t~~t ~ o~~~ ~ ~ ~gd ~ A g g~u~~~~~dP~~v~;~e d:~f~af~e e~~~~~~~Js)loiri~~~~s~y th1S sectIon shall automat1cally These private dra1nage easements shall be for the benef1t of (a) all of the Lots set forth on t~lS plat and (b) the Elm~urst Homeowners ASSOCIatIon. Unless otherWIse speCIfIcally set forth on th1S plat, the owner (s) of each Lot served In common by prIvate storm drain (s) and appurtenances thereto lying with1n a pr1vate draInage easement shall be equally respons1ble for the maintenance, repaIr, an~/or reconstructlon of the storm drain (s) and appurtenances thereto lYIng w~thln these ease~ents: prOVIded, however, that no owner (s) shall be respons1ble ~or such maIntenance, repaIr, and/or reconstructIon of that portion of storm dra1n (s) used In cOf!lmon to the extent that such storm dra1n (s) are located upstream from the P91nt of draInage connectIon of that respectIve owner's Lot. Unless otherwise prOVIded for on thIS plat, the owner (s) of any Lot that has segment (s) of dra1nage swale (s) w1thin these easements cross1ng the Lot shall be responSIble for the maintenance of such draInage swale segments on the Lot. ~~~~maf~c;~i~ ~~~8~ed (~~ ~~B~l o~n~h~n3~~Id~~ ;~~~r~~~~ I~~~;e~f ~~e~~gcio A have and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automat1ca~ly ~ssumed a j01nt obligatIon to perform all of PUBLIC SIOEWALK EASEMENT i~~o~f~~i;~a~~~ l~~I~~n; l~ 1 ~ f t f~~ ~~~~~~~; i y r~~~~~s ~61 i~~ i~~m~~~~~d~~~e~~~~~~o FRONT YARD LANDSCAPING All Lots shall be requIred to hav~ (A) a m1nimum of on~ new, City of Renton- appro~ed tree, WIth a mlnlf!1um calIper at t1me of plantIng of 1-1/2 inches (If a d~Clduous tree) or a min1mum heIght at t1me of plantlng of 6 feet (if a conIfer) .and (8) shrubs (or eqUIvalent) planted w1th1n the front yard prior to final bu~ldlng perm1t 1nspect1on for the home.on the Lot 1n quest1on. Each applicat10n for a sln~le famIly buIldIng perm1t ~or any Lot shall include a plan noting the locatlo~ and type of plant mat~rlals w~thin the front yard All front yard landscapIng shall be planted prlor to f1nal bU1lding permit inspection for the home on the Lot in question. ~ Centre 33701 9th Avenue South ~ Federal Way, WA 98003 _~ ..... Pointe (253) 661-1901 t Surveying DRAWN BY: S Woods CHECKED BY: 5 Woods INDEXDA!.l NW-NW 15, T23N, R5E, WM SURVEY F'Oa MJF Hold1ngs, Inc. 213 East Meeker Kent. WA 9B032 KING COUNTY, WASHINGTON I LU A-05-090-FP " LND 10 0427 DAm 1" • 500' SHEET 4 OF 5 December 1. 2005 lOB NAKE: FINAL PLAT JOB NO.: 2257 VOLUME/PAGE ELJlfH{/RST A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington FRANCHISE UTILITY EASEMENT PROVISIONS A non-exclus1ve easement 1S hereby reserved for and conveyed to (1) PUGET SOUND ENERGY COMPANY, INC" a WashIngton corporat1on (a purveyor of electr1C power and natural gas), QWEST COMMUNICATIONS CORPORATION, a Wash1ngton corporatlOn (a purveyor of telephone and Internet commun1catlon servIces), and COMCAST OF WASHINGTON IV, a WashIngton corporatIon (a purveyor of cable televISIon and Internet commun1catlon servIces), and the1r respect1ve successors and assIgns and (2) any and all other util1ty purveyors provld1ng utilIty serVIces In the area of the subject property from tlme-to-tlme, wIth such easement extendIng along, across, under and upon: (a) The portIons of all Lots withIn the plat lYIng wIthIn ten (10) feet of the eXIstIng Bremerton Avenue NE street r1ght-of-way depIcted on thIS plat and WIthIn ten (10) feet of all of the pubhc street rIghts-of-way dedicated by thIS plat (those easement areas typically beIng depIcted as '10 UDSE" on Sheet 2 of 5); (b) The portIon of Tract A WIthIn the plat lying WIthIn ten (10) feet of the publIc street right-of-way dedIcated by th1S plat (that easement area be1ng depIcted as "10' UE" on Sheet 2); (c) The portIon of Lot 13 depIcted on Sheet 2 of 5 as '20' Private AUE to Lot 14"; and (dl The portIons of Lots 12 and 13 depicted on Sheet 2 of 5 as . 5 UE" ThIS easement authorIzes the construction, operatlOn, maintenance repaIr, replacement, and enlargement of underground pIpes, conduIts, cables and wires WIth all necessary or conVenIent underground or ground-mounted appurtenances thereto (except ground-mounted appurtenances shall be prohIbited in driveway and sidewalk areas) for the purpose of serVIng the subdIvIsIon and other property WIth electrIC, gas, telephone, televISIon cable, other communicatIon cable (s) and other utilIty servIces, together WIth the rIght to enter upon the above-mentIoned easement areas at all times for the purposes here1n stated. No lines or wires for the transmIssIon of electric current, or for telephone use, cable television, fIre or police sIgnals, or for other purposes, shall be placed upon any Lot unless the same shall be underground, ground-mounted. or In conduIt attached to a building. LuminaIres and appurtenances thereto for street light1ng are also authorized by this easement in areas where they will not conflict WIth dr1veways and SIdewalks. In addItIon, a non-exclusIve clearance easement IS hereby reserved for and conveyed to PUGET SOUND ENERGY COMPANY, INC .. a WashIngton corporatIon, and Its successors and aSSIgns along, across, under and upon both (a) the one-foot wide and sIx-foot long strIp of land In Lot 4 depIcted on Sheet 2 of thIS plat as a "CE" and (b) the one-foot WIde and six-foot long strIP of land in Lot 45 depIcted on Sheet 2 of th1S plat as a "CE". (Those strIpS abut the 10-foot WIde utilIty easement along the publIC street SIde of the respective lots.) Each of these clearance easements IS to provIde clearance to an electrIcal transformer installed withIn the iO-foot WIde utIlIty easement along the publIC street side of Lots 4 and 45. CITY OF RENTON SEWER AND WATER EASEMENT PROVISIONS A non-exclusive easement IS hereby reserved for and conveyed to the CIty of Renton and the CI ty' s successors and assigns along, across. under and upon the portions of all Lots wlthln the plat lying WIthIn ten (10) feet of both (a) the eXIstIng Bremerton Avenue NE street rIght-of-way depIcted on thIS plat and (b) all publIc street rIghts-of-way dedicated by thIS plat (except the pubhc street right-of-way frontIng Tract A) (The areas subJect to this easement are tYPIcally depIcted on Sheet 2 of 5 as "10 UDSE".) ThIS easement authorizes the constructIon, operatlOn, maIntenance, repaIr, replacement, and enlargement of underground sewer and water maIns. servIces and all necessary or convenIent underground or ground-mounted appurtenances thereto for the purpose of servIng the Lots and Tracts with sewer and water serVIce, together WIth the right to enter upon the above-mentIoned easement areas at all tImes for the purposes herein stated CITY OF RENTON STORM DRAINAGE EASEMENT A non-exclusIve easement IS hereby reserved for and conveyed to the CIty of Renton and the City s successors and aSSIgns along, across, under and upon the northwest portIon of Lot 56 that IS depIcted on Sheet 2 as a "Storm DraInage Easement" Th1S easement authorIzes the construct lOn, operation, maIntenance, repaIr, replacement, and enlargement of an underground storm draIn and all necessary or convenlent underground or ground-mounted appurtenances thereto for the purpose of conveY1ng storm water, together WIth the rIght to enter upon the above-mentIoned easement areas at all tImes for the purposes hereIn stated. AOOITIONAL RESTRICTIONS The property that IS the subJect of thIS plat (or portIons thereof) IS (or may be) sub] ect to the follOWIng matters: 1. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20. 1900 RECORDING NO.' 192430 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E. (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RE"CORDED APRIL 3, 1962 UNDER RECORDING NO, S407391. 3. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTDN AND: LIBERTY RIDGE L. L. C., A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER B, 2004 RECORDING NUMBER: 2004090BOOOOB3 City of Renton Sewer Easement PrOVIsions A non-exclusIve easement 15 hereby reserved for and conveyed to the CIty of Renton and the Clty'S successors and ass1gns along, across, under and upon the west fIve (5) feet of Lot 5 and the east fIve (5) feet of Lot 6. (The areas subject to this easement are depIcted on Sheet 2 of 5 as "SE" ) ThIS easement authorIzes the constructIon, operatIon, maIntenance, repaIr. replacement, and enlargement of an underground sewer water maIn, serVIces and all necessary or convenIent underground or ground-mounted appurtenances thereto for the purpose of serVIng the Lots and offsite properties WIth sewer serVIce, together WIth the rIght to enter upon the above-ment1oned easement areas at all times for the purposes hereln stated COVENANT REGARDING CONVEYANCE OF EASEMENTS The owner of the land embraced WI thIn this plat, In consideratIon of the benef1t to accrue from the subdIVISIon, by SignIng hereon covenants and agrees to convey the beneflcial and serVIent Interests In the easements created by thIS plat to any and all future purchasers of the Lots, or of any subdiVISIon thereof. ThIS covenant shall run WIth the land that IS encompassed by thlS plat Areas (+/-10 square feetl Lot 1 4610 SQ FT Lot 35 3710 SQ FT Lot 2 3BOO SQ FT Lot 36 3550 SQ FT Lot 3 3BOO SQ FT Lot 37 3410 SQ FT Lot 4 3BOO SQ FT Lot 38 3390 SQ FT Lot 5 3990 SQ FT Lot 39 46BO SQ FT Lot 6 3990 SQ FT Lot 40 46BO SQ FT Lot 7 3800 SQ FT Lot 41 4070 SQ FT Lot B 3330 SQ FT Lot 42 4220 SQ FT Lot 9 3330 SQ FT Lot 43 4830 SQ FT Lot 10 3330 SQ FT Lot 44 4B30 SQ FT Lot 11 4760 SQ FT Lot 45 3500 SQ FT Lot 12 5250 SQ FT Lot 46 3520 SQ FT Lot 13 6010 SQ FT Lot 47 3600 SQ FT Lot 14 5420 SQ FT Lot 4B 3730 SQ FT Lot 15 4930 SQ FT Lot 49 5400 SQ FT Lot 16 3B30 SQ FT Lot 50 3560 SQ FT Lot 17 3B50 SQ FT Lot 51 3840 SQ FT Lot 18 3B20 SQ FT Lot 52 5060 SQ FT Lot 19 3910 SQ FT Lot 53 5360 SO FT Lot 20 3980 SO FT Lot 54 59BO SO FT Lot 21 4860 SQ FT Lot 55 5040 SO FT Lot 22 5130 SQ FT Lot 56 4610 SQ FT Lot 23 4B60 SQ FT Lot 57 3BOO SQ FT Lot 24 4750 SQ FT Lot 5B 4750 SQ FT Lot 25 4750 SQ FT Lot 59 3BOO SQ FT Lot 26 4750 SQ FT Lot 60 4620 SQ FT Lot 27 4750 SQ FT Lot 61 41BO SQ FT Lot 2B 4750 SQ FT Lot 62 4230 SQ FT Lot 29 47BO SQ FT Lot 63 4B90 SQ FT Lot 30 4690 SQ FT Lot 64 5820 SO FT Lot 31 3840 SQ FT Tract A 32920 SO FT Lot 32 3B50 SQ FT Tract B 32630 SO FT Lot 33 3B50 SQ FT Road R/W 74320 SQ FT Lot 34 4600 SQ FT Overa 11 417290 SO FT [).'OEXDATA: NW-NW 15, T23N, R5E, WM ~ Centre 33701 9th Avenue South ~ Federal Way, WA 98003 LUA-05-090-FP " LND 10 0427 -"?fJ!}-Pointe (253) 661-1901 t Surveying DRAWN BY: S Woods CHECKED BY. S Woods DATE: Oecember 1, 2005 JOB NAME. FINAL PLAT 1" ~ 500' mONO .. 2257 St.:RVEYfOR: MJF HoldIngs, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 5 OF 5 rm· 4th street ............ ,,~ "llii8Il-Map 200' scale lIE 4th Street '- VOLUME/PAGE fLNHuRST A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, Township 23 N., King County, Range 5 E., W. M. Washington DEDICATION: Know all people by these presents that M.J F Holdings, .Inc, a washington corporatIon ("DedIcator"). the owner of a fee simple Interest In the land hereby subdivIded. hereby declares thIS plat to be the graphic representation of the subchvlSlon maCle hereby and does hereby dedicate to the use of the PUbliC forever all streets and avenues not shown as prIvate hereon and dedlcate the use thereof for all publlC purposes not InconSistent Wlth the use thereof for publiC highway purposes. and also the rIght to make all necessary slopes for cuts and fills upon the lots shown thereon In the orIginal reasonable gradlng of said streets and avenues. Dedicator further dedicates the easements and tracts depicted and described on thIS plat to the persons and entitles ldentlfled and for the purposes stated Further, the Dedicator hereby waives for Itself and l.ts heirs successors and assigns and any persons or entitles deriVing tltle from the Dedicator, any and all clalms for damages against the City of Renton and Its successors and assigns that may be occasioned by the establishment, constructlon or maintenance of roads and/or drainage systems Within thiS subdiVISion other than claims resultIng from Inadequate maintenance by the Clty of Renton. Further. the Dedicator hereby agrees for Itself and Its heirs, successors and assigns to Indemnlfy and hold the City 6f Renton and Its successors and assigns harmless from any damage, Including any costs of defense, claimed by persons Within or Without thiS subdiVISion to have been caused by alterations of the ground Surface. vegetation. drainage. or surface or sub-surface water flows wlthln the SubdIvlSIon or by establishment, constructIon or maIntenance of the roads WIthin thIS subdiVISion; provlded, however, that thiS waiver and Indemnlfication shall not be construed as releaslng the CIty of Renton, ItS successors or asslgns, from 11abIlity for damages, Including the cost of defense, reSulting In whole or ln part from the negligence of the CIty of Renton. ItS successors or ass Igns ThlS subdlV1Slon, dedIcation, waner of clalms and agreement to hold harmless IS made WIth the free consent and 1n accordance WIth the deS1re of saId owner DEDICATOR· M.J F Holdlngs, Inc a WaShington corporatlon By: MIchael J. Feuerborn, PreSIdent EXCHANGE COUNSEL INC, a washIngton corporat lon, the holder of a deed of trust ~68~6 ~g ~~Ol ; ~6)1 ~ t ~~~~~y I ~o~~:n ~ ~n~ 0 h~~:b~b~~~~~ ~ ~ ~~~ d~~ ~~ a ~~~~ t ~n~e~ ~~~ I ~I a ~o EXCHANGE COUNSEL, INC a waShIngton corporatIon By: Mark E, Hodges, Pres ldent AC KNO WLEDG EMENTS STATE OF WAShINGTON) I 55 COUNTY or KING 1 I certIfy that I know or have satIsfactory eVIdence that MICHAEL J FEUERBORN lS the person who appeared before me and aCknowledged that he SIgned the Instrument, on oath stated that he was authorIzed to execute the Instrument and aCknowledged It as PreSident of M,J,F HOLDINGS, INC a washington corporation, to be the free and voluntary act of such corporat10n for the uses and purposes mentIOned In the Instrument. Dated: Signature Name (Pr lnt) TI tie Notary PubliC _____ ~ My ApPOIntment Expires STATE OF WASHINGTON.) I 55 COUNTY OF KING I I certIfy that I know or have satisfactory eVidence that MARK E HODGES IS the person who appeared before me and acknowledged that he Signed the Instrument, on oath stated that he was authorized to execute the Instrument and acknowledged It as PreSIdent of EXCHANGE COUNSEL, INC., a WaShington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentIoned In the Instrument Dated: Signature Name (Prlnt) TI tie Notary PublIC _____ _ APPROVALS: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certlfy that there are no delinquent speCial assessments for WhICh the property Subject to thIS subdiVISIon may be liable to the Clty, and that all speclal assessments on any property hereln contalned dedicated as streets, alleys, or for any other publiC use have been duly paid, satIsfied or dlscharged, thIS~~ day of 2005 CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS Examined and approved thiS ___ day of _____ _ 2005. AdminIstrator CITY OF RENTON MAYOR ExamIned and approved thiS ___ day of _____ _ 2005. Mayor CITY OF RENTON ExamIned and approved thls __ day of ___ ~2005. Clty Clerk KING COUNTY DEPARTMENT OF ASSESSMENTS Examlned and approved thls __ day of ___ ~2005 King County Assessor Deputy, Klng County Assessor Account Numbers ________________________ __ KING COUNTY FINANCE DIVISION CERTIFICATE I hereby certlfy that all property taxes are pald; that there are no dellnquent speCial assessments certified to thlS offlce for collection; and that all speCial assessments certlfied to thIS offlce for collectlon on any of the property herein contalned, dedlcated as streets. alleys, or for any other publIC use, are pald In full thIs __ day of 2005. Manager Finance DIvlslon Deputy RECORDER'S CERTIFICATE FlIed for record at the request of the CIty of Renton thlS __ day of 2005, at __ minutes past _~ and recorded In Volume __ of Plats, pages records of Klng County, WaShIngton. DiVISion of Records and ElectIOns Manager Super lntendent 0 f Records LAND SURVEYOR'S CERTIFICATE: I hereby certlfy that thIS plat of Elmhurst IS based on an actual survey done by me or under my direct supervlSlon, that the bearlngs and distances are shown correctly, that the perimeter monuments have been set and that all other monuments and lot corners have been set ~~a~o~d~~v~1 i81 i~e cg~~i l~~d w~f~ 1 a~~ §~~t~r !g~ ~~ t~h;e~~ i~t~~n~ f the bond: governing plattIng and that the plat conforms to the approved prelImInary plat and the condItIons of approval thereot Stephen H WOOds, P.L S. 38965 11'£ OI/l'£R/DEVELOPER, SHALL DEFENl I~EMNIFY At{] HOLO 11'£ CIfY Of RENT(rl, ITS OFFICERS, OFfICIALS, E/oPLOYEES AND VCl.l.NTEERS HAANLESS FROM ANY AND AlL CLAIM, INJJRIES, D~AGES. LOSSES QR SUITS FORNEY FEES. ARiSING OUT OF OR [N CONNECTiON LEHaN OF ALL REGlHRED PUBLIC FACILITY TSFORTHISPLAT H£ CITY'S FINANCIAL OBL ONSTRUCT ANY [):FAUU PRIVATE UTILITYFACIUT! IC [NFRASTRUCTlR:: FOR STREETS, ",ATERUTIUTY, SANITARY S£WER UTILITY, OR STORM IoIATER UnUTY SYSTEM [5 LIMITED TO HE FACE YALUE OF THE EHJNO Ttt: ONNER/OEVEUPER HAS POSTED IN L rEU OF HE REGU[REO PUBLIC IMPROVEMENT THE CITY RESERVES ITS UNILATERAL RIGHT TO ESTABLISH TI'{ SCI'{OULE FOR COOSTRUCHON OF IEFAULfEO PLAT Itf"RASTRUCTURES. THISSTATEMENT!SLEGALLY BINOING UPON THE HEIRS, AND/OR ASSIGNS OF THE OIlt£R/OEYELOPER, SL8SEOlENT PROPERTY OWNERS AND THEIR HEIRS AND/OR ASSIGNS Date ~ Centre 33701 9th A'enue South ~ feden,] WhV, WA 98003 ISDEX[lATA NW-NW 15, T23N, R5E, WM _~_ Pointe 1:"31 661-190t t Surveying S WOOds rUF.C'KEDBY S Woods !IAn, Ju I Y 18, 2005 FINAL PLAT 'CAlL NA JOBNG 2257 SIJRIlEYfOH MJF Holdlngs, Inc 2~3 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 1 OF 5 LINE CI C' C3 C< C5 CS C7 CO C9 CIO CI! C" C13 C!4 CIS CI6 CI7 CIO CI9 C'O C2I C22 C23 e24 e25 C26 e27 C20 e29 e30 ell C32 e33 A portion of the City of Renton, ARC 15.95' 1.65' 27.06' 0.52 50.58' ISt.66' 24.63 39.33" 33.63' 20.0S' 38.74" 13.'54' 13.57' 26.18- 12.61' 26.18" 39.75' 39.01 9.7S' 44.36 39.70' 37.~· 39.51' 38.79" 39.55· 28.73· 19.52· 21.97· 45.54· 35.0S· 58.46· 19.22· 2.62· I I I I I "I I I I I I I I I I I I I ,,\ DEL TA m ~ 4'0)' 45" 3 '47"02- 62 '01'2<4" 0'09'06- 14 '47'06" 53 '06' IS- 8 '15' 10- 13'tO"36" 28'45'37" 17'tO'03" 33'07'48- 11 '34"52· 3t'OS'55' 60'00'00' 28'54"05' 60'00'00' 91'05"55" 10 '06'49- 2'32'05- 101'39'32- 90'59'21" 86'27'41- 12'38"53" 88'54'05- 90'38·20- 12'45·38' 8'40·08' 8'10· 32- 16 '56·42' 13 '03·00" 21'45·00- 36 '42·19- 0'40·42- 46.27' ~ o ~ RADIUS 225.00' 2~L 00' 25 00' 196.00' 196 00' 196 00 171.00 tH 00' 67.00 67.00' 67.00' 67 00' 25.00' 25.00' 25.00' 25.00' 25.00' 221.00' 221.00' 25.00' 25.00 25.00 179. 00 25.00' 25.00· 129.00· 129 00· 154.00· 154.00· 154.00· 154.00· 30.00· 221.00 50.01· LINE LI L> L3 L< L5 LS L7 LO L9 L10 LII L12 L13 LI4 LIS LIS LI7 L10 L19 L20 L2! L22 L23 L24 L25 L26 L27 L20 L29 ELHHORST VOWWE/PAGE NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. ~ashington ~ 50.01 ~ 12 ~ 50.01· 35.01 11 ~ Storm . seg'OS'OS"E 647.66' 35.01· 35.01· 40.01· 42.01· ~ o ~ m 42.01· ~ o ~ m 6:l: 5; ~~ ~~ z ___ ~ 42.01· 42.01· AO.Ot· ~ o ~ 4 ; ~~ 40.01· o 7 40.01· ~ o ~ 40.01· ~ o ~ 50.01 D~~~~:~~ ru N E 2ND CT 5S ---' -'~ oo~ ~~~: ~"r "''''--+-'S;;i0:-;'O;-;9:C-. _54_'--,L--c;-~:-_+~ 57 ~ ~ ~ y N~/--41--- ~ 1 21.1 21. ~I ~ 58 ill 59 ~ 60 I ~ ~155",89l'.00E8"'·0)55Cj·E:g;93i'5522"· +,",=====+"-1 [Wl ~ ~ : ~ I: ~ ~I 40 25' I I I I g ~ ~ Ir--01 ~ . H="'-'-;iRo'~n4;;:0c';i'0o..::0~-;;;5",0-".0",0,· ~::-4:::o::-.0~0::-·~~,=:50:cc . .:"40:CC·HI m lC"J 1 589'OS·OS··E 93.52. ~ ; 1 589'08·05··E 126.37 589'08·05··f 104.05· I~ ~I g I 55 W g 61 10 ~ ~I ~ ;~ ~ I~ ~I ~I 39 lC"J1 ~ 589'0805 E 125.62 54 ~ 589'OS·05-E 121.68· IS89 '08·05-E 93 52· 589'08·05-E 105.12·1. 62 10 ~ I~ ~I 38 ~ ~I ~ ~ m "'1 589-0S·05··E93.53·~ 45 ~ g 5B9'OS·05··E 106 19· ill 63 ~:;:g ~I::: ::\7 ~" 589'OS·05-E 96.52 46 ~ :~~ ul ~ \D~ ... " 589-0S·05-E95.79·",~ ~ .~ ~-/ 36 iii ;;; 4'7 I ill /, ~:/ ~ III;;; ~ I.,; . '" 509·00·05·E 100 15' -509·00·05·E 101.2,.1 '" ,_;W I j::;J 0/ 35 ~ ~ .;:~ ~ ..... ::, : ~ 48 I ~ ~: M h "'/ ~ M ~ I *l ~ ..... ".1 tB ~ 589'08·05"E 104.73· 589'08·05"£ 104_73 CD ::::!5i ,:; I f.... ,40 00. 40.00· 40.00· 40.00· 49.46·1 ~I h= :i & ~/ : ; ~ : i :l: ~ I ;:; ~::/ ~ ~ I ~ ... ~ "" "'/ ::\4 33 32 ~ I ~ g ~ 2, ~ / ~ gj ~ ~ ~ ~ 30 I 175 7 ~ I o ~I § 0·U05E ~ ) 4000· 40.00· 40~;-:-25~e:-/(}'" \ S7. ~ 7 10 .53"( 14 69 TRACT A 2ND LN.". 6. ----5S9·14·3S·~ 03'"00'."'32'""-- / ' BEARING N03'14·01-E N79-27·24··W N79'09· 12··W N82 '09·26·W N56 '09·40·101 N39'S2·10-W N48 '58·19-101 N29'17·44-W NI5'2825-'" NIB '''4· 43-"" N14 '15·5B-\II 514'15·5B-E N07'06·36-'" 505-22·27"[ N05'22·2rw 515'40·24"E NI5'40·24"W 515·40·24-E NOO·22·58"W 803'5641"101 N03'S6·41-E N01'4S· 37"'" N01'4S·37"W o ~ :133.73· e5 50.00· 49.48· g 4---g ~ 50.00· 50 00 50.00· o o ~ m o 7 -5S9'14·38··E 64S S9· a -~ \ . DISTANCE 8 89· 60.33· 32 66· 25.82· 30.42· 25 26 21.28· 24.65 3! 95 41.02 15.53 14.56· 37.03 3.4B· 51 23' B.99· 4\.59· 6 49· 27.43· 6.34· 17.53· 22.52 23.66 r r::.IL)~ IHIr\!"""' ~ I("\L)"T' , I q''';ViV'....-'LJ I'IVI\ L rl LEGEND: ~ .. Monument found as noted VIslted Sept. 15. 2004 ... 5et 1114 rebar WIth yellow plastiC cap stamped .. 2233B/3S965 - . )8( -Set ··X·· 1n brass dISk In 4-)( 4·· concrete post In monument case (Rl" Radl1ll bearIng iS999J .. Address number U05E • Utlll.ty, DraInage and 51dewalk Easements AUE .. PrIvate Access and UtilIty Easement to Lot 14 UE = Utility Easement. 50.00· o o ~ 26 gj ~lC"J 50.00 o 7 , K 50.00· ---Tg 50.00· ~ o 7 0·U05E 50.00· 50.00· o 50 100 /III/III~~I1111111~ SCALE: 1" 50' INDEXDm. \ 501'52·41-'" IS 3S N01'52·41-E 2! 3" 500 '13·35··W lS.67· t Centre 33701 9th Avenue South ~ Federal W"y WA 98003 _~_ Pointe (253) 661-1901 NW-NW 15, T23N, R5E, WM NOO'IS·OO-E 52 07· NOO·04·09"E 24 39' N02·02·50"E 67.63· DRAIN BY DATE t Surveying S Woods CHEf tall BY S Hoods Ju 1 y 18. 2005 JOBHAIi& FINAL PLAT I· = 50 JOBl«) 2257 SURiU FOR MJF Holdlngs. Inc 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 2 OF 5 A portion of the NW 1/4 of the City of Renton, Basis of Bearing: True North Based upon Global PosItIOnIng System (GPS) Lambert GrId ~ashlngtan State North Zone coordInates A convergence angle of 00'58'30.28" caunterclock~nse was applled at a punch mark In 3' KIng County surface brass dISC. at the street wtersectlon of NE 4th St and 148th Ave SE. marklng the Northeast corner of SectlOn 15. Townshlp 23 North, Range 5 East of the Wlllamette Mendlan The North American Datum of 1983/1991 (NAO 83/91) gr Id coordlnates were found to be 180903 998 / 1315622 321 at that pOInt The Inverse of batn the sea level correctIon factor af a 999981824 and the grid scale factor of 1 000002187 was applled to the grId coordInates for shown ground dIstances Renton Control Monuments: ~f~~ tr RENTON CONTROL POINT *1503 Found copper nall In concrete post, lncased, at the Intersectlon of UnIon Avenue Northeast oS Northeast 4th Street Elevat lon 401.02 feet North lng 181067.883 Eastlng. 1311396.675 ~i~~ dr RENTON CONTROL POINT *478 Found copper naIl In concrete post. Incased, at the lntersectlOn of UnIon Avenue Northeast & Southeast 2nd Place ElevatIon 391.02 feet Nor trll ng. 178418.364 EastIng: 1311352.404 Legal Description: PARCEL A· THE SOuTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY· THE NORTH Io::! OF THE SouTHEAST v.. OF THE NORTHWEST v.. OF THE NORTHWEST v.. OF SEcrrON 15. TOWNSHIP 23 NORTH. J:lANGE 5 EAST. W M., EXCEPT THE EAST 37.5 FEET THEJ:lEOF FOR BREMERTON AVENUE NE. TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO ITO BE DETERMINED]. A COPY OF WHICH IS RECORDED UNDER RECORDING NO [TO BE OETERMINED): (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCOROING TO THE UNRECORDED PLAT THEREOF) srruATE IN THE COUNTY OF KING. STATE OF WASHINGTON PARCEL S· THE SOUTH Io::! OF THE SOUTHEAST v.. OF THE NORTHWEST v.. OF THE NORTHWEST Y. OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W M : EXCEPT THE EASTERLY 7 5 FEET FOR BREMERTON AVENUE NE; TOGETHER HITH THE PART OF THAT PORTION OF BREMERTON AvENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED]. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]: (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 5. MARTINS ACRE TRACTS. ACCORD ING TO THE UNRECORDED PLA T THEREOF AND OTHER PROPERTYI SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON PARCEL C THE NORTH Io::! OF THE SOuTHEAST v.. OF THE NORTHWEST v.. OF THE NORTHWEST v.. OF SECT[ON 15. TOWNSHIP 23 NORTH. RANGE 5 EAST, W M.; EXCEPT THE EAST 37 '5 FEET THEREOF FOR BREMERTON AVENUE NE. TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO [TO BE DETERMINED), A COpy OF WHICH IS RECORDED UNDER RECORDING NO [TO BE DETERMINED). AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER: (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 5. MARTINS ACHE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON VICINITY MAP "1/4 MIle VOLUME/PAGE ELNH{/RST NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington Northwest corner of Sect Ion 1S. TownshIp 23N. Range SE. W. M. Found copper na 11 in concrete post. Incased CIty of Renton #1S03. 9[)~Ell~ __ __ S89"01·30··E 2585.77 16 15 64644 I 646.44 T --10 ~Nortn 1/4 corner of Sect Ion 15, Townsh IP 23N, Range SE. w. M. Found 2·· brass dISC WI th . X' iri m N ~ 0 z ~ 15 ~I ~ I~ ~ I ~ ~56__ 647.66 I 589 ·08 05 E~ 1295.33 I ~ 0 ~ ~ z ~ 64B.B9· 548.89 S89 "14·38 E o N :I: 2595 55 in I~ I~ ~ West 1/4 corner of Sect10n 15. Townsl"l1P 23N, Range 5E, W. M. Found copper naIl In concrete post, Incased. 8 ~I 1292.B9 1297 77 --I o o I K "0 400 800 "'tlllllll\;..;;;;;~-~J 16 t't y of Ren:~On2::78 I I 589"27 41 E 2605 36 SCALE: 1.302.68 1" 400' CONTROL SKETCH Surveyor's Notes: 1) The monument control shown for thIS SIte was accomplIShed by fLeld traverse utlllzlng a one (1) second theodolIte WIth Integral electronLC dIstance measurIng meter (Geodimeter 600) and Real TIme KInematIC (RTK) I StatIC Global PosltIonlng System (GPS) LInear and angular closure of the traverses meet the standards of WAC 332-130-090 2) Full relIance for legal descrlptLOns and recorded easements have been placed on the tItle report from Stewart TItle Guaranty Company Comml tment Order No 205115486. dated 2005. No addItIonal research has been attempted 3) Offset dlmensions Shown hereon are measured perpendlcular to property lInes 4) The ArtIcles of IncorporatLOn for the Elmhurst Homeowners ASSOCIatIon are on f lIe loll th the State a f Wash Ington Secretary 0 f State s Corporatlons Olvlslon Offlce In 0lymPla. washIngton 5) There shall be NO dIrect vehlcular access to or from Bremerton Avenue Northeast In regard to Lots 1,29 and 30. ~ Centre ':·17fJl (Jth AWllt1\' :-·OlJlh ~ h·d~!,,j 'ft,,\ i\\ (jflO(I', _~_ Pointe 1"-,:1) "b' "JlI] ~ Surveying S Woods S WOOds July 18. 2005 FINAL PLAT 500 2257 I~O!X nn NW-NW 15, T23N, R5E, WM MJF HoldIngs. Inc 213 East MeeKer Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 3 OF 5 / \. VOLUWE/PAGE ELNU{/RST A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, Township 23 N., King County, Range 5 E., W.M. Washington PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS See that certain "DeclaratIon of ProtectlVe Covenants, CondItIons. Easements and Restrlcbons of Elmhurst" recorded under K1ng County RecordIng No (the 'Elmhurst CCRs") Note that the Elmhurst CCRs may subsequently be amended from tIme to tIme as provlded-for thereIn or as otherwise prOVIded-for by law CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION M.J.F. HoldIngs. Inc. a WashIngton corporatIon hereby conveys and QUItclaIms Tract A to the Elmhurst Homeowners ASSOclatlOn a WashIngton non-profit corporatIon. togetner WIth after-acquIred tItle. subject to ttle varlOus easements set forttl an thIS plat CONVEYANCE OF TRACT 8 TO THE HOMEOWNERS ASSOCIATION M.J.F. Holdlngs, Inc a Wastiington corporatIon. tlereby conveys and qUItclaIms Tract B to the Elmhurst Homeowners AssociatlOn, a WashIngton non-profIt corporatIon. together WIth after-acqUIred tItle, subject to ttle varIOUS easements set forth on thIS plat. TRACT A EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER IMPROVEMENTS LYING WITHIN TRACT A A non-exclUSIve easement for the InstallatlOn. operatIon. maIntenance, repaIr an~ reconstructIon of a stormwater detentIon and water qualIty pond. other draInage facIlItIes fenCIng and landscapIng (collectIvely, DraInage Improvements") IS hereby declared over. under. along and across Tract A. This easement shall run WIth the land. benefItIng all of ttle Lots WIthIn thIS plat and burdenIng Tract A. The DraInage Improvements located WIthIn Tract A snaIl be owned. operated, and maintaIned by the Elmhurst Homeowners ASSOcI<?tlon untIl such tIme (If ever) the CIty of Renton assumes operatIon and rna lntenance respons Ib I II t Y for them. PrIor to an assumptIon by the CIty of Renton of operatIon and/or maIntenance respo~slbilities of the Dralnage Improvements located WIthIn Tract A, (a) the CIty of Renton shall have tne rIght to enter Tract A to repC:lr any defICIenCIes In such Improvements In the event the Elmhurst Homeowners ASSOCIatIon falls to maIntaIn or repaIr them and (b) the cost of SUCh repairs made by the CIty of Renton shall be reImbursed to the CIty by the Elmhurst Homeowners ASSOCIatIon WIthIn 90 days of the Clty'S demand. After .(and to the extent of) an assumptIon by the CIty of Renton of operatlon and/or maIntenance responSIbIlItIes of some or all of the DraInage Improvements located WIthIn Tract A. the CIty of Renton shall have the rIght to enter Tract A to operate. maIntaIn and repaIr the Improvements at the Clty'S cost TRACT B EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER FEATURES LYING WITHIN TRACT B A non-exclUSIve easement for the lnstallation. operatIOn. maIntenance. repaIr and reconstructIon of the portIon of the storm draInage dISCharge faCIlItIes In Tract B that extend downstream toward MapleWOOd Creek (an ePhemeral stream) from the Dralnage Improvements In Tract A 15 hereby dec lared over, under. along and across Tract B. ThIS easement shall run WIth the land. benefItIng all of the Lots WIthIn thIS plat and burdenIng Tract B. The Elmhurst HOmeowners ASSOCIatIon shall have the duty to maIntaIn and repalr Tract B. lncludlng WIthout lImItatIon the duty to maintaln and repaIr when ~~:g~d B, (1 \2}h~h~ t~~~~m C~~~~~~g~ f d ~~~ h~~~~ 1 ~~c ~ i I ~~~~ e~~o~r~~~e~ ~ ~~ ~g e ~ ~~~~n downstream toward MapleWOOd Creek from some of the DraInage Improvements In Tract A, (3) the fence along the east and north edges of Tract B (IncludIng the CIty-reqUIred stream buffer notIce signage on that fence) and (4) the trees planted In conjUnctIon wlth thIS plat wlthln the stream buffer along the east and north SIdes of Maplewood Creek wlthln Tract B. Prior to an assumptIon by the CIty of Renton of operatlOn and/or malntenance responSIbIlItIes of the storm draInage dIscharge facilitles In Tract B that extend downstream toward Maplewood Creek from some of the Dralnage Improvements In Tract A. (al the CIty of Renton shall have the rIght to enter Tract B to repair any deflClencles In SUCh faCIlItIes In the event the Elmhurst Homeowners Assoclatlon falls to maIntaIn or repaIr them and (b) the cost of such repaIrs made by the CIty of Renton shall be reImbursed to the CIty by the Elmhurst Homeowners ASSOCIatIon WIthIn 90 days of the Clty'S demand. After (and to the extent of) an assumptIon by the CIty of Renton of operatlon a~d/or maIntenance responSibIlItIes of some or all of the storm dralnage dIscharge facillties in Tract 8 that extend downstream toward MapleWOOd Creek from some of the DraInage Improvements In Tract A. the CIty of Renton shall have the.rlght to enter Tract 8 to operate. maIntaIn and repaIr the faCIlItIes at the Clty'S cost CONSEQUENCES OF (1) HOMEOWNERS ASSOCIATION DISSOLUTION OR (2) FAILURE TO PAY PROPERTY TAXES FOR TRACTS A AND 8 In the event that the Elmhurst Homeowners ASSOCIatIon 15 dIssolved or otherWIse falls to meet ItS property tax payment oblIgatIons WIth respect to Tract A and/or Tract B for fl perIod of eIghteen (18) months follOWIng the date that property taxes are due to t,1e paId to KIng County for those tract (s), then. In suCh event, (il each of the Lots In thIS plat shall be deemed to have automatIcally assumed an equal and undIVIded ownerShIp Interest In Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automatlcally assumed a JOInt obllgatlon to perform all of the maIntenance responsibillties preVIously borne by the Elmhurst Homeowners ASSOCIatIon IncludIng all of the fInanCIal responSIbIlItIes attendant thereto. FRONT YARD LANDSCAPING All Lots shall be reqUIred to have (A) a minImum of one new, CIty of Renton-approved tree. WIth a mInImum calIper at tIme of plantIng of 1-112 Inches (If a deCIduous tree) or a mInImum heIght at tlme of plantIng of 6 feet (If a c~nIfer) .and (8) shrubs (or equlvalent) planted WIthIn the front yard prIor to flnal bUIldIng permIt InspectIon for the home on the Lot In questIon Each appllcat~on for a SIngle famIly bUIldIng permIt for any Lot shall Include a plan notIng the locatIon and type of Plant materIals WIthIn the front yard. All front yard landscapIng shall be planted prIor to fInal bUIldIng permIt InspectIon for the home on the Lot In questlon NATIVE GROWTH PROTECTION EASEMENT Tract B IS hereby declared to be a NatIve Growth ProtectIon Easement ('NGPE') subject to the easements depIcted upon or otherWIse speCIfIed on thIS plat ' The purpose of the NGPE shall be for preserVIng natIve vegetatIon (and the trees planted In the stream buffer along the east and north SIdes of Maplewood Creek WIthIn Tract B In conjUnctIon WIth thIS Plat) for the control of surface water and erOSIon, maIntenance of slope stabllIty, vlsual and aural bufferIng, and protectIon of plan~ and anImal habItat Subject to the easements depIcted upon or otherWIse speCIfIed on thIS plat, the NGPE prohIbIts all present and future owner (s) of Tract B from dIsturbIng any trees and other vegetat IOn WI th In the NGPE un less done pursuant to express wr I t ten permISSIon of the CIty of Renton. ThIS prohIbItIon shall be enforceable by the CIty of Renton Except as prOVIded for above, the owner (s) of Tr.act B may not cut, prune, cover WIth fIll. remove or damage the vegetatIon WIthIn In It· prOVIded, however, that the owner (s) may Install landscapIng WIthIn It The rIght of entry granted hereIn shall apply to the agents, representatIveS and employees of the owner (s) or subsequent owner (s) of the underlYIng property PRIVATE ACCESS AND UTILITY EASEMENT A non-exclUSIve easement for Ingress and egress and for ConstructIon, maIntenance. repaIr and use of a drIveway and underground utIlItIes and storm draws and appurtenances thereto IS hereby declared over, under, along and across the portIon of Lot 13 depIcted on Sheet 2 of thIS plat as "20' PrlVate AUE to Lot 14 (The Legend on that sheet states AUE '" PrIvate Access and UtIlIty Easement·.) The drlY'eway WIthIn thIS easement shall be for the JOInt use of Lots 13 and 14 and any utIlItIes and/or storm draIns Installed In tte easement Intended for the common use of Lots 13 and 14 shall be for the JOInt use of those two lots ~~; 1 ~ 1 ;~e~e o~ n~ ~ ~~l e ~r: ~ ~~ 1 ~ n ~~~~e~a~~~e~ ~~ ) uS~a~t 1 ~~ t 1 ~ 3 p~~~ ib ~~e~o ~ n 1 ~h ~~ I y ~~~e~~~t. ThIS easement shall run WIth the land burdenIng Lot 13 and benefItIng The owners of Lots 13 and 14 shall have the perpetual rIght and duty to maIntaIn and repaIr the drIveway and any JOIntly used utIlItIes and storm draIns and appurtenances thereto located In thIS easement. The costs of such maIntenance and repaIr are to be shared equally between the owners of Lots 13 and 14 To the extent that utillty serVIce or storm draIn lInes and appurtenance thereto WIthIn the easement serve only one of those two lots, the owner (s) of such served lot shall have the perpetual rIght and duty to maIntaIn and repalr Such llnes and appurtenances PRIVATE UTILITY EASEMENT A non-exclUSIVe easement for constructIon. maIntenance, repaIr and use of underground utIlItIes and appurtenances thereto IS hereby declared over under along and across the portlon of Lots 12 and 13 depIcted on Sheet 2 of thIS . plat as "5' UE' (The Legend on that sheet states "UE '" UtIlIty Easement '.) Any utIlItIes Installed In the easement Intended for the common use of more than one of Lots 12, 13 and 14 shall be for the JOInt use of those lots ~~; I ~ l;~e~e I~~~~~i~e~o:I ~~~n u~~e 0 !a;~~e~~ fn lfh ~~ ~~;e~~n~n ~ha ~~ ~~~ !~ ~~n ihe land burdenIng Lots 12 and 13 and benefitIng Lots 13 and 14. The owners of Lots 12, 13 and 14 shall have the perpetual rIght and duty to ma Inta In and repa Ir ut III tIes and appurtenances thereto that they JOInt I y use wh lch are located In th IS easement. The costs 0 f such rna Intenance and repa Ir are to be shared equally between the owners of the jOwt-uslng lots To the eX.tent that utIlIty serVIce lInes WIthIn the easement serve only one of those ~~~~et;o~~'lng~n o~~~r :~~a~~ ~~~g I;~~~d lot shall have the perpetual rIght and PRIVATE DRAINAGE EASEMENTS A prIvate, non-exclUSIve draInage easement 2.50 feet In WIdth IS hereby declared to run parallel to and abuttIng all InterIor lot lInes of the Lots created by thIS plat. In addItlC~n. a prIvate, non-exclUSIVe draInage easement 5.00 feet In WIdth IS hereby declared to run parallel WIth and abuttIng all rear lot lIneS of the Lots created by thIS plat Further. a prIvate, non-exclUSIve draInage easement 10.00 feet In WIdth IS hereby declared to run parallel WIth and abuttIng all publIc street rIght-of-way frontages of all of the Lots lylng WIthIn thIS plat Al~ of these easements Include the rIght to enter upon the easement areas at ail tImes for the stated purposes of these easements, WhICh lnclude (a) the InstallatIon, use. malntenance and repaIr of prIvate storm draIn (s) and appurtenances thereto and (b) the lnstallatlon, use, maIntenance and repaIr of draInage swales In the event that any of the lot llnes of the Lots created by thIS plat are later adjusted after the recordIng of thIS plat, the correspondIng ~~u~~~~~dP~~ v~;~e d:~ ~~af~e e~~~~~~~Js)lo~r~~~~~s~y thIS sect Ion shall automat Icall y These prIvate draInage easements shall be for the benefIt of (a) all of the Lots set forth on thIS plat and (bJ the Elmhurst Homeowners ASSOCIatIon Unless otherWIse speclflcally set forth on thIS plat, the owner (5) of each Lot served In common by prIvate storm draIn (s) and appurtenances thereto lYIng WIthIn a prIvate draInage easement shall be equally responSIble for the maIntenance. repalr, and/or reconstructIon of the storm draIn (s) and appurtenances thereto lYIng wlthin these easements: prOVIded, however, that no owner (5) shall be responSIble for SUCh maIntenance, repaIr. and/or reconstructIon of that portIon of storm draIn (s) used In common to the extent that SUCh storm draIn (s) are located upstream from the pOInt of draInage connectIOn of that respectlve owner s Lot Unless otherWIse prOVIded for on thIS plat, the owner (s) of any Lot that has segment (5) of draInage swale (s) WIthIn these easements crosSlng the Lot shall be responSIble for the maIntenance of such draInage swale segments on the Lot PUBLIC SIDE~ALK EASEMENT A non-eXclUSIve easement for constructIon. maIntenance. repalr and use of publIC Sldewalks IS hereby reserved for and conveyed to the CIty of Renton and the Clty'S successors and aSSIgns over. along and across the portIons of all Lots wIthIn thIS plat lYIng WIthIn ten (10) feet of both (a) the eXIstIng Bremerton Avenue NE street rIght-of-way depIcted on thIS plat and (b) all publIC street rlghts-of-way dedIcated by thIS plat. (The areas suoJect to thIS easement are depIcted on Sheet 2 as "UDSE" ) IN:lE\ [l~:~ NW-NW 15, T23N, R5E, WM ~ Centre 1:1701 'Jtll AVt"llllt' :'Olltll ~ Ft'dl'nd W,n VIA mwo 1 _~_ Pointe ('.,]) G61 1001 t Surveying [WI'NEt S Woods ("HEl'~~(; flY S Woods flAT!. July 18. 2005 lOR \ \W~: FINAL PLAT ~("Al.F. 1 = 500 ,08110 2257 MJF HoldIngs. Inc 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 4 OF 5 / VOLUWE/PAGE ELNH[//?ST A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. FRANCHISE UTILITY EASEMENT PROVISIONS A non-exc lU51ve easement IS hereby reserved for and conveyed to (1) PUGET SOUND ENERGY COMPANY, INC .. a V1ashlngton corporatIon (a purveyor of electrlC power and natural gas). QWEST COMMUNICATIONS CORPORATION, a Washlngton corporatIon (a purveyor of telephone and Internet communicatlon serVIces), and COMCAST OF WASHINGTON IV. a washlngton corporatIon (a purveyor of cable teleVlSlOn and Internet communication servIces). and thelr respective successors and assIgns and (2) any and all other utliity purveyors proVldlng utillty serVlces In the area af the subJect property from tlme-to-tlme. WIth such easement extendIng along, across, under and upon. (a) The portlDns of all Lots WIthIn the plat lYIng wlthin ten (10) feet of the eXIstIng Bremerton Avenue NE street rIght-of-way depIcted on thIS plat and wlthin ten (10) feet of the all publIC street rIghts-of-way dedIcated by thIS plat (easement areas dePIcted as "UDSE" on Sheet 2). (b) The portIon of Lot 13 dePIcted on Sheet 2 as 20 PrIvate AUE to Lot 14 and (c) The portIons of Lots 12 and 13 dePIcted on Sheet 2 as '5' UE" ThIS easement authorIzes the constructIon, operatlOn. maIntenance. repair, replacement. and enlargement of underground pIpes, conduIts, cables and WIres WIth all necessary or COnvenIent underground or ground-mounted appurtenances thereto (except ground-mounted appurtenances shall be prohIblted In drIveway and SIdewalk areas) for the purpose of servlng the subdIVISIon and other property WIth electrlC. gas. telephone. televlSlon cable. other communIcatIon cable (s) and other utIlIty serVIces. together WIth the rIght to enter upon the above-mentIoned easement areas at all tImes for the purposes hereIn stated. No lInes or Wlres for tile transmlsSlon of electrIC current. or for telephone use. cable televlSlon. fIre or police sIgnals. or for other purposes, shall be placed upon any Lot unless the same shall be underground. ground-mounted. or In condUIt attached to a bUlldlng LumInaires and appurtenances thereto for street lIghtIng are also authorIzed by thIS easement In areas where they WIll not conflIct WIth drIveways and SIdewalks. CITY OF RENTON SEWER AND WATER EASEMENT PROVISIONS A non-exclusIVe easement IS hereby reserved for and conveyed to the CIty of Renton and the Clty'S successors and aSSIgns along, across. under and upon the portIons of all Lots wlthln the plat lYIng WIthIn ten (10) Feet of both (a) the eXIstIng Bremerton Avenue NE street rIght-of-way depIcted on thIS plat and (b) all publIc street rlghts-oF-way dedIcated by thIS plat (except the publIC. street rlght-ot-way frontIng Tract Al (The areas subject to thIS easement are depIcted on Sheet 2 as "uDSE 1 ThIS easement authorIzes the constructIon. operatIon, maIntenance, repaIr, replacement, and enlargement of underground sewer and water malns, servlces and all necessary or convenIent underground or ground-mounted appurtenances thereto for the purpose ot serVIng the Lots and Tracts WIth sewer and water serVIce, together wlth the rIght to enter upon the above-mentIoned easement areas at all tImes for the purposes hereIn stated CITY OF RENTON STORM ORAINAGE EASEMENT A non-excluSlve easement IS hereby reserved for and conveyed to the CIty of Renton and the Clty's successors and aSSIgns along, aCross. under and upon the northwest portlOn of Lot 56 that 15 depIcted on Sheet 2 as a "Storm DraInage Easement" ThIS easement authorlzes the constructlOn. operatIon, malntenance, repaIr, replacement, and enlargement of an underground storm draIn and all necessary or conven lent underground or ground-mounted appurtenances thereto for the purpose of conveYIng storm water together WIth the rIght to enter upon the above-ment loned easement areas at all tImes for the purposes here In stated' AODITIONAL RESTRICTIONS The property that lS the subject of thIS plat (or portIons thereof) 15 (or may be) Subject to tile follOWIng matters: 1. RESERVATIONS ANO EXCEPTIONS. INCLUDING THE TERMS AND CONDITIONS THEREOF' RESERVING MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20. 1900 RECOROING NO.' 192430 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RECORDED APRIL 3, 1962 UNOER RECOROING NO. 5407391 3. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO 4612 RECOROEO: JUNE 21. 1996 RECOROING NO .. 9606210966 REGARDING: SANITARY SEWER SERVICE ANO ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES 4. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDIT IONS THEREOF: BETWEEN: THE CITY OF RENTON AND LIBERTY RIDGE L L. C., A WASHINGTON LIMITED L lABILITY COMPANY RECORDED: SEPTEMBER B. 2004 RECORDING NUMBER: 2004090B000083 5. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5092 REGARDING ANNEXATION RECORDED: SEPTEMBER 28. 2004 RECORDING NO.' 20040928001359 COVENANT REGARDING CONVEYANCE OF EASEMENTS The owner Of the land embraced WIthIn thIS plat, In conSIderatIon of the benefIt to accrue from the subdIVISIon, by slgnlng hereon covenants and agrees to convey the benefICIal and serVIent lnterests In the easements created by thIS plat to any and all future purchasers of the Lots, or of any subdIVISIon thereof ThIS covenant shall run WIth the land that IS encompassed by thlS plat. ~ Centre 33701 qth .'hentH' :-iotllh ~ r\,den,] W"y. WA CJeoo I _~_ Pointe (252.) 661-1901 ~ Surveying D:Wfflay S ~oods IrHEr~w BY S Woods I1ATf July lB. 2005 I :08 ~AME FINAL PLAT ~rALE 1 = 500 /;OBNO 2257 Washington INDEX D~TA NW-NW 15, T23N, R5E, WM MJF HoldIngs. Inc 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 5 OF 5 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 BILL OF SALE Elmhurst I Property Tax Parcel Number: 518210-0049; 518210- 0050 and 518210-0051 Project File #: I Street intersection: BrernertonAveNEand I Address: 201 Bremerton AveNE, LUA-05-090-FP NE 2nd Court Renton, W A 98059 Reference Number(s) of Documents assigned or released: None. Grantor(s): Grantee(s): 1. M.J.F. HOLDINGS, INC., a Washington corporation 1_ CITY OF RENTON, a Municipal Corporation 2. 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: Length Size ~ W--U'f(p 2200 L.F. of 8 " DI Water Main 21 L.F. of 6 " DI Water Main L.F. of " Water Main II each of 8 " Gate Valves 5 each of 6 " Gate Valves 5 each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Lwg1h Size. ~ s-3~t.f-Co 1658 L.F. of 8 " fYC Sewer Main L.F. of " Sewer Main L.F. of " Sewer Main II each of ~8 " Diameter Manholes each of " Diameter Manholes each of " Diameter Manholes STORM DRAINAGE SYSTEM: Lwg1h Size. ~ ~-39.% ~52 L.F. of 15 " HDfE Storm Line 128 L.F. of 12 " DI Storm Line 1.831 L.F. of 12 " HDfE Storm Line each of " Storm Inlet/Outlet 32 each of IXI2e I " CQD!; Storm Catch Basin ~ each of 3-54",2-48"_ " Con!; Manholes STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) ~d4& Curb, Gutter, Sidewalk 3,800 L.F. 7,013 S.Y. or L.F. of Width Asphalt Pavement: STREET LIGHTING: # of Poles 15 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 co~yance sl2!!!l bind the h~~ J:t..cut11a.J administrators and assigns forever. .cR JlC. -~ .Q' H:\FILE.SYS\FRM\84HNDOUT\BILLSALE.DOC\MAB Page 1 Fonn 84 OOOllbh IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. M.H. HOLDINGS, INC., B~W7J:u;lJtt~ fi- Michael 1. Feuerborn, Presiden~ / Notary Seal must be within box JEAN JOHNSON REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON) )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN signed this instrument and on oath stated that he authorized to execute this instrument and acknowledged it as President 0 M.J.F. HOLDINGS, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in th instrument. NOTARY PUBLIC Notary(Print);[CAtJ JoHt.J:so,J STATE Of WASHINGTON COMMiSSION EXPIRES My appointment expires: :;t'~~~ FEBRUARY 25. 2009 '1.,...,..;.;~~.."..,...,..;o"<7"'1"<?V'7'<?~ Dated: December /5', 2005 Page 2 H 1111111111 1000412 CITY OF RENTON RCOVE 53 00 PAGE001 OF 022 . Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton, Washington 98055 Please print or type information 12/21/2005 10:55 KING COUNTY, lolA Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) I. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ELMHURST Reference Number(s) of Related Documents: N/A Additional reference #'s on gage of document Grantor(s) (Last name, first name, initials) 1. MJ.F. HOLDINGS, INC., a Washington corporation 2. Additional names on page __ of document. Grantee(s) (Last name first, then first name and initials) 1. MJ.F. HOLDINGS, INC., a Washington corporation Additional names on page __ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 through 64 and Tracts A and B of the plat of Elmhurst, as per plat recorded in Volume 2. ~'20f Plats, Pages ~ through~, Records of King County, Washington. Additional legals are on Exhibit A of document. Assessor's Property Tax Parcel/Account Number o Assessor Tax # not yet assigned 5182100049,5182100050 and 5182100051 The Auditor/Recorder will rely on the infonnation provided on the fonn. The staff will not read the document to verify the accuracy or completeness of the indexing infonnation provided herein. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ELMHURST THIS DECLARATION is made on the date hereinafter set forth by M.J.F. HOLDINGS, INC., a Washington corporation ("Dedarant'), the owner of certain land situated in the State of Washington, City of Renton, King County, commonly known as ELMHURST, which is more particularly described as follows: Lots 1 through 64 and Tracts A and B of the plat of Elmhurst, as per plat recorded in Volume 232 of Plats, Pages ~.8. through 3"2..., Records of King County, Washington. In order to ensure preservation of the gracious residential environment at ELMHURST, Dedarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Dedaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall inure to the benefit of each owner thereof and to the benefit of the ELMHURST Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For purposes of the Dedaration and the Articles of Incorporation and the Bylaws of the ELMHURST Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to the ELMHURST Homeowners' Association, its successors and assigns. 2 Section 2 "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article VIII. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article III unless the language or context indicates otherwise. Section 3. "Properties" shall mean and refer to the real property described with particularity in Exhibit A. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. This term shall not include tracts designated on the face of the Plat. Section 5. "Decla-ant" shall mean and refer to MJF Holdings, Inc., its successors and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. Section 6. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plat" shall mean and refer to the plat of ELMHURST as recorded in Volume _z.~ of Plats, Pages Za through 3, inclusive, Records of King County, State of Washington. Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section 10. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagees or other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas deSignated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. 3 ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1 Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until (1) a date five years from the date of recording this Declaration or (2) the thirtieth day after Declarant has transferred title to the purchasers of the Lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article by written notice to all Owners, whichever date first occurs. During the Development Period, the Declarant shall appoint the Board of Directors of the Association. Section 2. Notices to Owners. Before the termination of the Development Period, the Declarant will give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of the number of lots as specified in the by-laws shall constitute a quorum. The Board of Directors and officers of the Association may be elected by a majority vote of said quorum. If a quorum is not present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Temporary Board. Declarant may in its sole discretion, and at such times as the Declarant deems appropriate, appoint a minimum of three persons who may be Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the Development Period, members of the Board of Directors need not be Owners. The Temporary Board shall have full authority and all rights, responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Section 4 Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed 4 during the initial stages of development. Acceptance of an interest in a lot evidences acceptance of this management agreement. ARTICLE IV EASEMENTS, OPEN SPACES AND PRIVATE TRACTS Section 1. Drainage Easement Restrictions. Various drainage easements are indicated on the face of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not be permitted within drainage easements. The easements give the easement holder the right to enter upon said easements, and the area immediately adjacent to said easements, in order to effectuate the purposes of the easement, or to construct a hard surface road upon the easements. Section 2. Utility Easements. Various utility easements are designated on the face of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas, cable television service and water. These easements give the easement-holders the right to enter upon these Lots at all times to effectuate the purposes of the easements. No utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility easement, which will interfere with such utility service. Section 3. Storm Drainage, access roads. street lighting and common improvements. The Association shall always have the responsibility to maintain the plat drainage facilities, street lighting and common improvements unless these improvements either have been or are subsequently deeded or sold to a government agency for ownership and maintenance responsibility. (Also, see Section 5 of this Article IV.) Section 4. Structures Prohibited in Rights-of-Way. No structures may be placed in rights-of-way within the Plat. Section 5. Tracts public and / or private. Tract A is hereby dedicated to the ELMHURST Homeowners Association for ownership and maintenance. A non-exclusive easement for the installation, operation, maintenance, repair and reconstruction of a stormwater detention and water quality pond, other drainage facilities, fencing and landscaping (collectively, "Drainage Improvements") is hereby declared over, under, along and across Tract A. This easement shall run with the land, benefiting all of the Lots within this plat and burdening Tract A. The Drainage Improvements located within Tract A shall be owned, operated and maintained by the Elmhurst Homeowners Association until such time (if ever) the City of Renton assumes operation and maintenance responsibility for them. 5 Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the Drainage Improvements located within Tract A, (a) the City of Renton shall have the right to enter Tract A to repair any deficiencies in such improvements in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responsibilities of some or all of the Drainage Improvements located within Tract A, the City of Renton shall have the right to enter Tract A to operate, maintain and repair the improvements at the City's cost. Tract 8 is hereby dedicated to the ELMHURST Homeowners Association for ownership and maintenance. A non-exclusive easement for the installation, operation, maintenance, repair and reconstruction of the portion of the storm drainage discharge facilities in Tract 8 that extend downstream toward Maplewood Creek (an ephemeral stream) from the Drainage Improvements in Tract A is hereby declared over, under, along and across Tract 8. This easement shall run with the land, benefiting all of the Lots within this plat and burdening Tract B. The Elmhurst Homeowners Association shall have the duty to maintain and repair Tract 8, including without limitation the duty to maintain and repair when needed (1) the stream channel of the portion of Maplewood Creek lying within Tract B, (2) the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, (3) the fence along the east and north edges of Tract B (including the City-required stream buffer notice signage on that fence) and (4) the trees planted in conjunction with this plat within the stream buffer along the east and north sides of Maplewood Creek within Tract B. Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, (1) the City of Renton shall have the right to enter Tract B to repair any deficiencies in such facilities in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responsibilities of some of all of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, the City of Renton shall have the right to enter Tract B to operate, maintain and repair the facilities at the City's cost. 6 Section 6 Consequences of (1) Homeowners Association Dissolution or (2) Failure to pay property taxes for Tracts A & B. In the event that the Elmhurst Homeowners Association is dissolved or otherwise fails to meet its property tax payment obligations with respect to Tract A and/or Tract B for a period of eighteen (18) months following the date that property taxes are due to be paid to King County for those tract(s), then, in such event, (1) each of the Lots in this plat shall be deemed to have automatically assumed an equal and undivided ownership interest in Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automatically assumed a joint obligation to perform all of the maintenance responsibilities previously borne by the Elmhurst Homeowners Association including all of the financial responsibilities attendant thereto. ARTICLE V ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (1) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in accord with the following provisions. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the Lot at the time that the assessment fell due. Section 2 Purpose of Assessments. The assessments imposed by the Association shall be used (1) to promote the recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the Recreational area(s) or other tracts dedicated to the Association within the Plat, (3) for legal fees or damages incurred in any action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners' Association is named as a party, (4) for legal fees incurred by the Homeowners Association, (5) for any other reasonable expenses incurred by the Homeowners' Association. Section 3 Annual Assessment The initial annual assessment shall be $180 00 per Lot payable in one annual payment; six percent of the assessment shall be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association or by a Professional management firm. Such allocated funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities, which are described with particularity in the Bylaws of the Association. The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat 7 management costs, (4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increases in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increases in the annual assessment thirty days before the date that the assessment becomes effective. (a) After the Development Period expires, any increases in the annual assessment, which exceeds 1 ° percent, requires the vote of the members of the Association. (b) After the Development Period expires, any increases in the annual assessment, which exceeds 10%, requires the approval of 51 % of the members of the Association. (c) After the Development Period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement to the Recreational area(s) within the Plat including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 51 percent of the members of the Association who are voting in person or by proxy at a meeting held duly called for this purpose. Any capital improvements, which exceed $15,000, must be approved by 51 percent of the Owners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred in any action in which a member of either the Board or the Architectural Control Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Homeowners' Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the consent of 51 percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for Any Action Authorized Under Section 4 ~ Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and nor more than 60 days in advance of the meeting. At the first meeting called, the presence of 51 percent of the members of the Association or of proxies entitled to cast 51 percent of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same 8 notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment. Due Dates. The annual assessments described in this Article shall commence on January 1, 2005. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the Quarterly assessment shall be sent to every Owner subject to such assessments. The Board of Directors shall establish the due date. The Association shall, upon demand and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9.Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Recreational area(s) or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed 60 days for any infraction of the of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 10. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments, which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 9 Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Owners shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. (a). Street Trees. The street trees planted within and / or abutting individual Lots shall be owned and maintained by the Owners of said Lots and the trees planted within and / or abutting the private and public tracts within the Plat shall be owned and maintained by the ELMHURST Homeowners Association. (b). Refuse, All Lots shall be kept free of debris. All refuse shall be kept in sanitary containers screened from view of any Lot in the Plat; the containers shall be regularly, emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. (c). Storage of goods and Vehicles. 1.) Owners may not store goods or equipment in open view of any Lot, or portion of the Community, or allow others to do so. No house trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck or commercial vehicle (larger than one ton), self contained motorized recreational vehicle, or other type of recreational vehicle or equipment, may be parked or stored in ELMHURST unless such parking or storage is within the garage area of any Lot or is suitable screened from view in accordance with the requirements of the Architectural Control Committee, except that any such vehicle may be otherwise parked as a temporary expedient for loading, delivery, or emergency, but not over night. This restriction, however, shall not restrict trucks or other commercial vehicles, which are necessary for the construction or for the maintenance of any portion of ELMHURST or any improvements located thereon. No overnight "on street" shall be permitted on any roadway or street in ELMHURST where such parking is prohibited by King County, The City of Renton or where the Board has prohibited such parking. No overnight "on street" parking of any personal passenger vehicles shall be allowed on any road, shoulder, within any private road right of ways, cul-de-sac, turnaround or their prospective right of ways at ELMHURST Personal passenger vehicles are defined as but not limited to autos, vans, trucks, motorcycles and all similar vehicles used primarily and regularly for transportation by the occupants of the lot or their guests. 2.) Except as herein provided, no abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked in ELMHURST. An "abandoned or 10 inoperable vehicle" shall be defined as any automobile, truck, motorcycle, or other similar vehicle, which has not been driven under its own propulsion for a period of (48) hours or longer, or does not have an operable propulsion system installed therein, or which is not currently licensed and registered. 3.) In the event the Association shall determine that a vehicle is parked or stored in violation of subsections (1) or (2) of this section, then a written notice describing said vehicle shall be personally delivered to the owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be reasonably ascertained), and if the vehicle is not removed within twenty-four (24) hours thereafter, the Association shall have the right to remove the vehicle at the sole expense of the owner thereof. 4.) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any vehicles, trailers or boats, may be performed or conducted in ELMHURST unless it is done within completely enclosed structure(s) which screen the sight and sound of the activity from the street and from adjoining property. The forgoing restriction shall not be deemed to prevent, on a lot, washing and polishing of any motor vehicle, boat, trailer, motor driven cycle, or other vehicle, together with those activities normally incident and necessary to such washing and polishing. (d). Temporary Parking by Owners. This section does not prevent Owners from parking passenger automobiles and trucks on driveways when the Owners are out of town. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section 3. Lot Maintenance by the Association. In the event that an owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the ELMHURST community, the Board shall, upon receipt of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Board shall be required to have the assent of 51 percent of the members before undertaking such repairs. 11 Section 4 Construction Exemption This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles by the Declarant or its contractors during the Development period. ARTICLE VII HOMEOWNERS ASSOCIATION Section 1. Nonprofit Organization. The Association is a nonprofit corporation under the laws of the State of Washington. Section 2. Membership. Every Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the ELMHURST Homeowners' Association and RCW 64.38. ARTICLE VIII MANAGEMENT BY BOARD Section 1. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of the permanent Board of Directors, the new Board shall adopt Bylaws. The Board will make copies of the Bylaws available to Lot Owners upon request. Section 2. Terms. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to 12 the duties and the powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: (a) Insurance. Obtain policies of general liability insurance. (b) Legal and Accounting Services. Obtain legal and accounting services if necessary for the administration of the Association affairs, administration of the Recreational area(s) within the Plat, or enforcement of this Declaration. (c) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (d) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof, which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational area(s) within the Plat rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jOintly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (e) Security, Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (f) Right to Contract. Have the exclusive right to contract for all goods and services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to Association approval. (g) Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot) If the repairs 13 or maintenance activity were necessitated by the Owner of the Lot entered, in which case the cost shall be specially assessed to that Lot. If another Owner of another Lot caused the emergency or the need for maintenance or repair, the cost thereof shall be specially assessed against the Owner of the other Lot. (h) promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (i) Declaration of Vacancies Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. U) Employment of Manager. Employ a manager, an independent contractor, or such other employees, as the Board deems necessary and describe the duties of such employees. (k) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational area(s) within the Plat and the Association. (I) Impose Assessments Impose annual and special assessments. (m) Bank Account. Open a bank account on behalf of the Association and deSignate the signatories required. (n) Legal Actions. Commence legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The board also has the authority to defend against legal actions initiated against the Association. (0) Exercise of powers Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE IX LAND USE RESTRICTIONS Section 1. Residential Restrictions. All lots within the Properties shall be used solely for private single-family residential purposes. Each residence must have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for more than one family. No Lot in ELMHURST shall be further divided. 14 Section 2. Property Use Restrictions No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot nor in any common areas or Recreational area(s), nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers recreational vehicles and disabled vehicles of any kind. Section 4. Fences, Walls & Shrubs. Fences, wall or shrubs are permitted to delineate the lot lines of each Lot, subject to (1) The approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. No barbed wire or corrugated fiberglass fences shall be erected on any Lot. All fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front yard setbacks. Fences or rails shall be erected and maintained at the top of any area where they create a vertical or nearly vertical retaining wall or slope over three feet (3'). Section 5. Temporary Structures. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. No vehicles parked in public right-of-way may be used temporarily or permanently for residential purposes except as provided in Article VI. Section 6 Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried. Section 7 Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot except one sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. A builder to advertise the property during the construction and sale period also may use signs. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed 15 from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish, and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to run at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails, Recreational area(s) and rights-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner 10 days' written notice of the violation. The Owner must remedy such violations within 10 days. Failure to comply with the written notice will result in a fine of $25 per day. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLE X BUILDING RESTRICTIONS Section 1. Building Materials. Homeowners who do not have MJF Holdings, Inc. or the contractor MJF Holdings, Inc. designated to construct homes for it ("MJF Holdings, Inc. Contractor) shall be obliged to use materials of a quality equivalent to those materials which MJF Holdings, Inc. Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the Committee will require that such materials be replaced. The (1) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials are of equivalent quality. Section 2. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local government authority and written approval of such permits from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XII). Section 3 Codes, All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and King County codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping, shall be completed within eight months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 5. Entrv for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours 16 notice during the construction or exterior remodeling, enter and Inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may be constructed on any Lot other than by a contractor licensed as general contractor under the statutes of the State of Washington without the prior approval of the Committee. ARTICLE XI UTILITIES Section 1. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. (Committee"). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less than three and not more than five members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function, or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the Board shall perform the functions of the Committee until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2 Jurisdiction and purpose The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures (e.g., garden sheds, tools sheds, doll houses, tree houses, gazebos, and playground equipment), fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, basketball courts, basketball hoops, tennis courts, swimming pools, bath houses, animal pens, or enclosures), or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials, and location of the structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee also shall review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. 17 Section 3. Membership. The Board shall designate the Committee. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters and discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6 Address of the Committee, The address of the Committee shall be the registered office address of the Association. Section 7. Voting Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identity of the Lot involved, and the following information about the proposed structure: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grade; (c) The general design; (d) The interior layout; (e) The exterior finish materials and color, including roof materials; (f) The landscape plan; (g) Other information which may be required in order to determine whether the structure conforms to the standards articulated in the Declaration and the standards employed by the Committee in evaluating development proposals. 18 Section 9 Plan Check Fee All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and speCifications to the Committee. A plan check fee of $100 will be charged to review plans and specifications for Residences. A fee of $25 will be charged for the review of other structures. Section 10. Evaluating Deyelopment Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height, configuration, and landscaping of the proposed structure harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in ELMHURST, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The Committee shall decline to approve any design, which fails to meet the above-recited standards and any other aesthetic standards promulgated by the Committee. The Committee will not approve temporary or non-permanent structures. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. The Committee is not required to review plans and specifications for homes constructed by MJF Holdings, Inc., or MJF Holdings, Inc. Contractor. Section 12. Approval Procedures. Within 30 days after the receipt of plans and speCifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications, which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. Section 13 Compliance with Codes, In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications, which it reviews, comply with local building codes and requirements. The Committee shall be held harmless in the event that a structure, which it authorizes, fails to comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. 19 Section 14. Variation. The Committee shall have the authority to approve plans and specifications, which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. I n any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such legal action or appeal. ARTICLE XIII GENERAL PROVISION Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial 30-year period if 51 percent of the members vote to amend particular provisions of either instrument except for those items in Article IV Sections 3 and 5 may not be amended as it relates to storm drainage facilities, street lighting or common improvements, unless the assignee and the City of Renton consent in writing. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of 51 percent of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. All amendments must be filed with the office of the King County Records Department or its successor agency. Section 3 Enforcement The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. 20 In any legal action commenced in order to enforce the provIsions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. The invalidity of anyone or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid; this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. IN WITNESS WHEREOF the underslliJned, being the Declarant herein, has hereunto set his hand and seal this ____ l.b_:: __ day of December, 2005. STATE OF WASHINGTON COUNTY OF KING Declarant MJF Holdings, Inc., a Washington corporation B' j-l,u(;,!l] ·i~l. y. MichaeiJ.~~npresiderlt- ) )ss, ) On this _~ "'!..-day of December, 2005, before me, the undersigned, a notary public in and for the State of Washington, personally appeared Michael J. Feuerborn, President of MJF Holdings, Inc, a Washington corporation, the corporation that executed the within and foregoing instrument, and he acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. 21 WITNESS my hand and official se f}af~e day and year first written above. Notary Public State of Washington ALFRED E LARSON MY COMMISSION EXPIRES OCTOBER 29, 2008 ....{,A:.t.#I,t'.(4.-~----------- ___ ::A(£~J) ___ ~&.~~ __ (printed Name) N tary Public in and for the State of Washington Residing at: __ PJ~~_-.CoL _________ _ My commission expires:_..Q~ __ 2~~ __ _ CONSENT OF DEED OF TRUST BENEFICIARY EXCHANGE COUNSEL, INC., a Washington corporation, the holder of a deed of trust beneficiary's interest in the land hereby subdivided (King County Recording No. 20050707001746), hereby consents to the above-stated DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ELMHURST. ::~:z? ~in~on oo~ration Mark E. Hodges, President STATE OF WASHINGTON) v_ ) ss. COUNTY OF _~N&_) I certify that I know or have satisfactory evidence that MARK E. HODGES is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as President of EXCHANGE COUNSEL, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: _____ ~~.-J?~~5 ___ _ . :~~~~~~~_~L ___ '-""''''.30_JJr4~ci;$ ___ _ Name (Print) Title-----f\l, v::;;;.u~~ ;lj){) b ----------------------~-------------My Appointment Expires NOTARY PUBLIC STATE OF WASHINGTON MICHELE J. ROBERTS My Appointment Expires New. 15, 2006 C:\CF\2009\074\CC&Rs\CCRS ELMHURST Final (9-7-05).doc 22 , L\9A or--o~ 0 SUBDIVISION GUARANTEE Guarantee No.: SG-1572-10779 Order Number: 205115486 Reference Number: 05200739 Effective Date: November 22,2005 at 8:00 AM Subdivision Guarantee: Sales Tax: Total: OWNERS: M.J.F. HOLDINGS, INC., A WASHINGTON CORPORATION LEGAL DESCRIPTION: PARCEL A: $300.00 $26.40 $ 326.40 THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH % OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COpy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH % OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELC: THE NORTH % OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; Guarantee No: SG·1572·10779 st a f ~tme 2~~omrany , SUBDIVISION GUARANTEE EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: 1. DELETED 2. DELETED 3. DELETED 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: M.J.F. HOLDINGS, INC., A WASHINGTON. TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.: CORPORATION STEWART TITLE GUARANTY COM PANY EXCHANGE COUNSEL, INC., A WASHINGTON CORPORATION $6,343,800.00 JULY 7,2005 JULY 7,2005 20050707001746 5. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: RESERVED BY: RECORDED: RECORDING NO.: MINERALS NORTHERN PACIFIC RAILWAY COMPANY JUNE 20, 1900 192430 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E. AS GRANTED BY DEED RECORDED APRIL 3,1962 UNDER RECORDING NO. 5407391. 7. DELETED Guarantee No: SG·1572·10779 , SUBDIVISION GUARANTEE 8. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 8, 2004 RECORDING NUMBER: 20040908000083 9. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5092 REGARDING ANNEXATION RECORDED: SEPTEMBER 28, 2004 RECORDING NO.: 20040928001359 Guarantee No: SG-1572-10779 SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate surveyor inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. Robert Jackson ------------------- :rj Guarantee No: 8G-1572-10779 ""IC , II> • ,J. o .. • <I C' .. ~ 0,.'" ORDER NO:. 205115486 stewart ~We EO N This sketch is provided without charge for infonnation. It is rot intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations of boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumt'S NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further infonnation. Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 12:36:09 PM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OVERALL BOUNDARY Point Number Bearing Description Distance 219 SOoo07'31"E 217 661. 27 ' S89°14'38"E 214 648.89 ' NOoo13'59"W 65.95 ' 259 Lot 29 Center point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 257 Lot 29 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 255 Lot 29 NOoo13'59"W 223 248.29 ' N89°11'22"W 17.50 ' 254 Lot 46 NOoo13'59"W 168.50' 253 Lot 42 curve Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 251 intx lot 42 N00013'59"W 48.72 ' 250 intx lot 1 c Center Point: Sta Northing 0+00.00 7402.65750 6+61.27 6741.38908 13+10.15 6732.82617 13+76.10 6798.77562 6902.66616 258 225.00 ' 4°03'45" Right 15.95 ' N25°28'07"W 15.95 ' 0.14 ' 0.14 ' 25°27'53" Arc Definition 7.98 ' 13+92.05 6805.85882 6813 .17562 6803.23213 256 25.00 ' 3°47'02" Left 1.65 ' N25°19'43"W 1.65 ' 0.01 ' 0.01 ' 229°10'59" Arc Definition 0.83 ' 13+93.70 16+42.00 16+59.50 18+28.00 6813.93593 6814.66700 7062.95495 7063.20251 7231.70112 252 7231.59943 25.00 ' 60°00'00" Left 26.18 ' N30013'59"W 25.00 ' 3.35 ' 3.87 ' 229°10'59" Arc Definition 14.43 ' 18+54.18 19+02.89 249 7246.13849 7253.30073 7302.02032 7323.61994 Easting Elevation 3419.97550 3421.42137 4070.25487 4069.98661 4269.56556 Bremerton 4066.29765 4063.12785 0.00 4040.19039 Lot 29 RP A,"I. '("'~_ ECe'''e-. DEC 0 J 2005 Q)STOMEA 8IR'tJtCI 4062.79621 4062.42196 4061.41203 4043.91378 4043.22839 4018.22860 Lot 42 RP 4043.16253 4030.64043 4030.44226 4017.85429 RP lot 1 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 12:36:09 PM NEW PROJECT Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 248 NE lot 1 N00013'59"W 69.53 ' 247 NE lot 1 N89°08'05"W 622.66' 219 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area PROJECT: G:\2257\2257.pro 25.00 ' 60°00'00" Left 26.18 ' N29°46'01"E 25.00 ' 3.35 ' 3.87 ' 229°10'59" Arc Definition 14.43 ' 19+29.07 19+98.61 26+21.26 -0.00343 0.00677 N63°08'26"W 0.00759 7309.28736 7323.72163 7393.25105 7402.65407 2618.91 (2621.26) 1/345000 1/763604 1/386720 417283.53 SQ FT 9.58 ACRES 4042.90555 4042.85409 4042.57127 3419.98227 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: DEDICATED ROAD Point Number Bearing Description Distance 251 intx lot 42 NOOo13'59"W 48.72 250 intx lot 1 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 386 N89°08'05"W 410.12 385 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 384 SOOo13'35"W 121.27 383 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 382 821°12'11"E 104.45 381 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: , c , , , Sta Northing Easting Elevation 0+00.00 7253.30444 4030.63326 0+48.72 7302.02404 4030.43509 249 7323.62365 4017.84713 RP lot 1 25.00 , 31°05'55" Right 13.57 , S75°18'58"W 13.40 , 0.91 , 0.95 , 229°10'59" Arc Definition 6.96 , 7298.51706 4024.42493 0+62.28 7298.62733 4017.47275 4+72.41 7304.82070 3607.39951 0.00 239 7237.82834 3606.38772 Calc CL RP 67.00 , 90°38'20" Left 105.99 , S45°32'45"W 95.28 , 19.89 , 28.29 , 85°30'58" Arc Definition 67.75 , 7305.83911 3539.64937 5+78.40 7238.09245 3539.38761 0.00 6+99.67 7116.82340 3538.90845 0.00 236 7116.14774 3709.90711 Calc CL RP 171.00 , 21°25'46" Left 63.96 , S10029'18"E 63.58 , 2.98 , 3.03 , 33°30'23" Arc Definition 32.36 , 7084.46012 3538.77467 7+63.63 7054.30569 3550.48225 0.00 8+68.07 6956.92649 3588.25913 0.00 233 7027.81465 3770.99082 Calc CL RP 196.00 , 68°02'27" Left 232.76 , S55°13'25"E 2l9.32 , 33.55 , Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT External: 40.48 Deg of Curvature: 29°13'57" Tangent: 132.31 Curve PI: 380 11+00.83 S89°14'38"E 272 .14 , 379 13+72.97 Center Point: 256 Radius: 25.00 Delta: 62°01'24" Arc Length: 27.06 Chord Bearing: S58°13'56"E Chord Length: 25.76 Middle Ordinate: 3.57 External: 4.17 Deg of Curvature: 229°10'59" Tangent: 15.03 Curve PI: 255 Lot 29 14+00.04 NOOo13'59"W 248.29 , 223 16+48.33 N89°11'22"W 17 .50 , 254 Lot 46 16+65.83 SOOo13'59"E 167.59 , 410 PT 18+33.43 Center Point: 409 Radius: 25.00 Delta: 90°59'21" Arc Length: 39.70 Chord Bearing: S45°15'41"W Chord Length: 35.66 Middle Ordinate: 7.48 External: 10.66 Deg of Curvature: 229°10'59" Tangent: 25.44 Curve PI: 387 18+73.13 N89°14'38"W 174.88 , 415 PT 20+48.01 Center Point: 414 Radius: 25.00 Delta: 101°39'32" Arc Length: 44.36 Chord Bearing: N38°24'52"W Chord Length: 38.76 Middle Ordinate: 9.21 External: 14.58 Deg of Curvature: 229°10'59" Tangent: 30.69 Curve PI: 398 20+92.36 N12°24'54"E 131.91 , 397 22+24.27 Center Point: 244 Radius: 221.00 Delta: 12°38'53" Arc Length: 48.79 Chord Bearing: N06°05'27"E Chord Length: 48.69 Middle Ordinate: 1. 34 PROJECT: G:\2257\2257.pro , Arc Definition , 6833.56910 3636.10411 6831.83181 3768.40514 0.00 6828.24059 4040.52144 6803.24276 4040.19154 Lot 29 RP , Right , , , , Arc Definition , 6828.03434 4055.54419 6814.67852 4062.42231 7062.96647 4061.41237 7063.21403 4043.91412 6895.62541 4044.59581 0.00 6895.52372 4019.59602 25'RP , Right , , , , Arc Definition , 6870.18119 4044.69246 6870.52528 4019.26561 6872.83304 3844.40084 6897.83087 3844.73074 25'RP , Right , , , , Arc Definition , 6873.22911 3813.71259 6903.20293 3820.31749 7032.02835 3848.67696 0.00 7079.54136 3632.84481 Calc CL RP , Left , , , Cerltre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT External: Deg of Curvature: Tangent: Curve PI: 396 NOOo13'59"W 395 153.18 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 406 PT S89°08'05"E 140.03' 394 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 251 intx lot 42 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area PROJECT: G:\2257\2257.pro 1.35 ' 25°55'32" Arc Definition 24.49 ' 22+73.06 24+26.24 405 25.00 ' 7055.94231 7080.44349 7233.62223 7233.72391 91°05'55" Right 39.75 ' N45°18'58"E 35.69 ' 7.49 ' 10.70 ' 229°10'59" Arc Definition 25.48 ' 24+65.99 26+06.02 252 25.00 ' 7259.09984 7258.71925 7256.60460 7231. 60745 28°54'05" Right 12.61 ' S74°41'02"E 12.48 ' 0.79 ' 0.82 ' 229°10'59" Arc Definition 6.44 ' 26+18.63 0.00364 0.01315 S74°31'16"W 0.01364 7256.50297 7253.30808 257~.70 (2618.63) 1/189036 1/708315 1/196151 148284.86 SQ FT 3.40 ACRES 3853.93495 3853.84321 3853.22014 3878.21993 25'RP 3853.10821 3878.59563 0.00 4018.60966 4018.23212 Lot 42 RP 4025.04082 4030.64641 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and (Ilstance, or chord bearing and chord lengths as indicated herein. Boundary Name: BLOCK LOTS49-64 Point Number Bearing Description Distance 393 S89°08'05"E 24.72 288 S89°08'05"E 40.00 294 S89°08'05"E 50.00 296 S89°08'05"E 40.00 286 S89°08'05"E 25.12 404 PC Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 399 SOOo13'59"E 70.49 290 SOOoI3'59"E 40.01 321 SOOoI3'59"E 40.01 323 SOOo13'59"E 4.44 400 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 401 SI2°24'54"W 13.17 325 S12°24'54"W 79.69 328 SI2°24'54"W 56.72 402 Center Point: Radius: Delta: , , , , , , , , , , , , Sta Northing Easting Elevation 0+00.00 7262.82070 3606.75871 0.00 0+24.72 7262.44739 3631.47589 0.00 0+64.73 7261.84334 3671.47133 0.00 1+14.73 7261.08827 3721.46563 0.00 1+54.73 7260.48422 3761.46106 0.00 1+79.84 7260.10487 3786.57820 403 7235.10772 3786.20067 25'RP 25.00 , 88°54'05" Right 38.79 , S44°41'02"E 35.01 , 7.15 , 10.02 , 229°10'59" Arc Definition 24.53 , 7259.73425 3811.10528 2+18.64 7235.21286 3811.19705 2+89.13 7164.72344 3811.48377 0.00 3+29.13 7124.71377 3811.64652 0.00 3+69.14 7084.70410 3811.80926 0.00 3+73.58 7080.26414 3811.82732 0.00 244 7079.53604 3632.82880 Calc CL RP 179.00 , 12°38'53" Right 39.51 , S06°05'27"W 39.43 , 1. 09 , 1.10 , 32°00'32" Arc Definition 19.84 , 7060.42608 3811.91635 4+13.10 7041.05672 3807.64360 0.00 4+26.27 7028.19469 3804.81217 0.00 5+05.95 6950.36816 3787.67954 0.00 5+62.67 6894.97450 3775.48525 412 6900.34927 3751.06984 25'RP 25.00 , 86°27'41" Right , (>':'[11 1\) I'oj III (' :;IIIV(~y i 11<1 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT Arc Length: 37.73 Chord Bearing: S55°38'45"W Chord Length: 34.25 Middle Ordinate: 6.78 External: 9.31 Deg of Curvature: 229°10'59" Tangent: 23.50 Curve PI: 388 6+00.40 Center Point: 233 Radius: 154.00 Delta: 21°45'00" Arc Length: 58.46 Chord Bearing: N70014'54"W Chord Length: 58.1l Middle Ordinate: 2.77 External: 2.82 Deg of Curvature: 37°12'18" Tangent: 29.59 Curve PI: 330 6+58.86 Center Point: 233 Radius: 154.00 Delta: 13°03'00" Arc Length: 35.08 Chord Bearing: N52°50'54"W Chord Length: 35.00 Middle Ordinate: 1. 00 External: 1. 00 Deg of Curvature: 37°12'18" Tangent: 17.61 Curve PI: 332 6+93.93 Center Point: 233 Radius: 154.00 Delta: 16°56'42" Arc Length: 45.54 Chord Bearing: N37°51'04"W Chord Length: 45.38 Middle Ordinate: ~.68 External: 1. 70 Deg of Curvature: 37°12'18" Tangent: 22.94 Curve PI: 333 7+39.48 Center Point: 233 Radius: 154.00 Delta: 8°10'32" Arc Length: 21.97 Chord Bearing: N25°17'27"W Chord Length: 21.96 Middle Ordinate: 0.39 External: 0.39 Oeg of Curvature: 37°12'18" Tangent: 1l.01 Curve PI: 389 7+61.45 N21°12'11"W 59.32 , 334 8+20.77 N21°12'11"W 45.13 , PROJECT: G:\2257\2257.pro , , , , Arc Definition , 6872.02431 3770.44172 6875.64699 3747.20964 0.00 7027.80262 3770.97234 Calc CL RP , Right , , , , Arc Definition , 6880.21605 3717.98958 6895.28492 3692.51847 0.00 7027.80269 3770.97253 Calc CL RP , Right , , , , Arc Definition , 6904.26177 3677.37348 6916.42237 3664.62208 0.00 7027.80314 3770.97208 Calc CL RP , Right , , , , Arc Definition , 6932.26775 3648.04286 6952.25477 3636.77639 0.00 7027.80386 3770.97152 Calc CL RP , Right , , , , Arc Definition , 6961.84786 3631.38992 6972 .10993 3627.39478 0.00 7027.41423 3605.94026 0.00 ( Centre Pointe ~urveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT 390 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 324 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 391 NOOo13'35"E 11.55 322 NOOo13'35"E 40.00 291 NOOo13'35"E 69.73 392 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 393 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure , , , PROJECT: G:\2257\2257.pro 8+65.90 7069.48914 236 7116.14512 129.00 , 8°40'08" Right 19.52 , N16°52'07"W 19.50 , 0.37 , 0.37 , 44°24'55" Arc Definition 9.78 , 7078.60027 8+85.41 7088.15010 236 7116.14591 129.00 , 12°45'38" Right 28.73 , N06°09'14"W 28.67 , 0.80 , 0.80 , 44°24'55" Arc Definition 14.42 , 7102.22567 9+14.14 7116.65489 9+25.69 7128.20480 9+65.69 7168.20449 10+35.42 7237.93395 239 7237.83517 25.00 , 90°38'20" I,-ight 39.55 , N45°32'45"E 35.55 , 7.42 , 10.55 , 229°1Q'59" Arc Definition 25.28 , 7263.20249 10+74.97 7262.83098 0.01028 -0.01749 S59°33'43"E 0.02029 1062.96 (1074.97) 1/52385 1/103404 1/60760 73947.33 SQ FT 1.70 ACRES 3589.61790 0.00 3709.88519 Calc CL RP 3586.09756 3583.95943 0.00 3709.88495 Calc CL RP 3580.84519 3580.88603 0.00 3580.93167 0.00 3581.08972 0.00 3581.36524 0.00 3606.36504 Calc CL RP 3581.48123 3606.74121 0.00 J NEW PROJECT PR~v~CT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 1 Point Number Bearing Description Distance 247 N89°08'05"W 262 SOOo13'59"E 263 S89°08'05"E 386 NE lot 1 50.01 ' 95.02 ' 24.53 ' Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 248 NE lot 1 NOOo13'59"W 69.53 ' 247 NE lot 1 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 7393.25393 0+50.01 7394.00915 1+45.03 7298.98993 1+69.55 7298.61950 249 7323.61664 25.00 , 91°05'55" Left: 39.75 , N45°18'58"E 35.69 , 7.49 , 10.70 , 229°10'59" Arc Definition 25.48 , 2+09.30 2+78.84 -0.00798 0.00208 N14°35'54"W 0.00825 7298.23725 7323.71652 7393.24594 274.78 (278.84) 1/33306 1/34417 1/132147 4610.78 SQ FT 0.11 ACRES Easting Elevation 4042.56387 3992.55957 0.00 3992.94608 0.00 4017.47328 4017.85081 RP lot 1 4042.95052 4042.84877 4042.56595 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 2 Point Number Bearing Description Distance 262 N89°08'05"W 264 SOOo13'59"E 265 S89°08'05"E 263 NOOo13'59"W 262 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'OO''W 0.00000 Northing 7394.00917 7394.6l337 7299.59416 7298.98995 7394.00917 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3992.55884 0.00 3952.55340 0.00 3952.93990 0.00 3992.94534 0.00 3992.55884 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 3 Point Number Bearing Description Distance 264 N89°08'05"W 266 SOOoI3'59"E 267 S89°08'05"E 265 NOOoI3'59"W 264 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7394.61337 7395.21758 7300.19836 7299.59416 7394.61337 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3952.55605 0.00 3912.55061 0.00 3912.93711 0.00 3952.94255 0.00 3952.55605 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 4 Point Number Bearing Description Distance 266 N89°08'05"W 268 SOOo13'59"E 269 S89°08'05"E 267 NOOo13'59"W 266 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.01 95.02 40.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.01 1+35.02 1+75.03 2+70.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7395.21757 7395.82178 7300.80257 7300.19836 7395.21757 270.06 (270.05) 1/999999 1/999999 1/999999 3800.70 SQ FT 0.09 ACRES Easting Elevation 3912.55326 0.00 3872.54782 0.00 3872.93432 0.00 3912.93976 0.00 3912.55326 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 5 Point Number Bearing Description Distance 268 N89°08'05"W 270 SOOo13'59"E 271 S89°08'05"E 269 NOOo13'59"W 268 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 42.01 95.02 42.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+42.01 1+37.03 1+79.03 2+74.05 -0.00000 0.00000 N90000'00''W 0.00000 Northing 7395.82178 7396.45619 7301.43697 7300.80257 7395.82178 274.06 (274.05) 1/999999 1/999999 1/999999 3990.73 SQ FT 0.09 ACRES Easting Elevation 3872.55047 0.00 3830.54526 0.00 3830.93176 0.00 3872.93697 0.00 3872.55047 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 6 Point Number Bearing Description Distance 270 N89°08'05"W 272 SOOo13'59"E 273 S89°08'05"E 271 NOOo13'59"W 270 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 42.01 95.02 42.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+42.01 1+37.03 1+79.03 2+74.05 -0.00000 0.00000 N90000'OO''W 0.00000 Northing 7396.45619 7397.09060 7302.07139 7301.43698 7396.45619 274.06 (274.05) 1/999999 1/999999 1/999999 3990.73 SQ FT 0.09 ACRES Easting Elevation 3830.54754 0.00 3788.54233 0.00 3788.92883 0.00 3830.93404 0.00 3830.54754 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 7 Point Number Bearing Description Distance 272 N89°08'05"W 274 SOOo13'59"E 275 S89°08'05"E 273 NOOo13'59"W 272 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 95.02 40.00 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+35.02 1+75.03 2+70.04 0.00000 0.00000 N90000'00''W 0.00000 Northing 7397.09061 7397.69466 7302.67545 7302.07140 7397.09061 270.04 (270.04) 1/999999 1/999999 1/999999 3800.46 SQ FT 0.09 ACRES Easting Elevation 3788.54461 0.00 3748.54917 0.00 3748.93567 0.00 3788.93111 0.00 3788.54461 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 8 Point Number Bearing Description Distance 274 N89°08'05"W 276 SOOo13'59"E 277 S89°08'05"E 275 NOOo13'59"W 274 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 35.01 95.02 35.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+35.01 1+30.0\ 1+65.04 2+60.0':1 0.00000 0.00000 N90000'00''W 0.00000 Northing 7397.69478 7398.22347 7303.20426 7302.67556 7397.69478 260.06 (260.05) 1/999999 1/999999 1/999999 3325.85 SQ FT 0.08 ACRES Easting Elevation 3748.54432 0.00 3713.53831 0.00 3713.92481 0.00 3748.93082 0.00 3748.54432 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 9 Point Number Bearing Description Distance 276 N89°08'05"W 278 SOOo13'59"E 279 S89°08'05"E 277 NOOo13'59"W 276 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 35.01 95.02 35.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+35.01 1+30.02 1+65.03 2+60.05 0.00000 0.00000 N90000'OO"W 0.00000 Northing 7398.22349 7398.75219 7303.73298 7303.20428 7398.22349 260.06 (260.05) 1/999999 1/999999 1/999999 3325.61 SQ FT 0.08 ACRES Easting Elevation 37l3.53938 0.00 3678.53337 0.00 3678.91987 0.00 37l3.92588 0.00 37l3.53938 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 10 Point Number Bearing Description Distance 278 N89°04'56"W 280 SOOo13'59"E 281 S89°08'05"E 279 NOOo13'59"W 278 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 35.01 95.05 35.01 95.02 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+35.01 1+30.06 1+65.07 2+60.09 0.00208 0.00062 S16°39'30"W 0.00217 Northing 7398.75217 7399.31295 7304.26373 7303.73503 7398.75425 260.09 (260.09) 1/120028 1/125287 1/418710 3326.52 SQ FT 0.08 ACRES Easting Elevation 3678.53693 0.00 3643.53143 0.00 3643.91805 0.00 3678.92406 0.00 3678.53756 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 11 Point Number Bearing Description Distance 280 N89°10'17"W 50.00 282 SOOoI3'59"E 96.38 283 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 385 S89°08'05"E 36.53 281 NOOoI3'59"W 95.05 280 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7399.31289 0+50.00 7400.03596 1+46.39 7303.65676 239 7237.82514 67.00 , 11°34'52" Right 13.54 , N85°04'29"E 13.52 , 0.34 , 0.34 , 85°30'58" Arc Definition 6.79 , 1+59.93 1+96.46 2+91.51 0.00221 0.00655 S71°20'30"W 0.00691 7304.91852 7304.81754 7304.26588 7399.31510 291.48 (291.51) 1/42158 1/131776 1/44497 4757.43 SQ FT 0.11 ACRES Easting Elevation 3643.53066 0.00 3593.53589 0.00 3593.92793 0.00 3606.38578 Calc CL RP 3600.59926 3607.39800 0.00 3643.92384 0.00 3643.53721 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 12 Point Number Bearing Description Distance 282 N89°04'09"W 50.01 284 SOOo13'59"E 102.37 285 S52°25'46"E 20.22 418 LOT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 283 NOOo13'59"W 96.38 282 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7400.03611 0+50.01 7400.84854 1+52.39 7298.47939 1+72.61 7286.15048 239 7237.82966 67.00 , 33°07'48" Right 38.74 , N62°43'09"E 38.20 , 2.78 , 2.90 , 85°30'58" Arc Definition 19.93 , 2+11.35 3+07.73 0.00264 -0.00156 S30039'52"E 0.00307 7299.94958 7303.65954 7400.03874 307.18 (307.73) 1/100184 1/116471 1/196438 5247.78 SQ FT 0.12 ACRES Easting Elevation 3593.53101 0.00 3543.52761 0.00 3543.94400 0.00 3559.97044 3606.38270 Calc CL RP 3574.34178 3593.92148 0.00 3593.52944 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 13 Point Number Bearing Description Distance 284 N89°12'01"W 50.00 '292 SOOo13'59"E 112.02 293 S89°08'05"E 19.42 347 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 416 PT S52°25'46"E 20.87 417 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 418 LOT N52°25'46"W 20.22 285 NOOo13'59"W 102.37 284 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Ar'ea Area , , , , , , Sta Northing 0+00.00 7400.84864 0+50.00 7401.54651 1+62.03 7289.52744 1+81.44 7289.23417 413 7259.23759 30.00 , 36°42'19" Right 19.22 , S70046'56"E 18.89 , 1. 53 , 1. 61 , 190°59'09" Arc Definition 9.95 , 7289.08340 2+00.66 7283.01634 2+21.53 7270.29111 239 7237.82251 67.00 , 17°10'03" Right 20.08 , N37°34'14"E 20.00 , 0.75 , 0.76 , 85°30'58" Arc Definition 10.11 , 7279.l3869 2+41.60 7286.14318 2+61.83 7298.47208 3+64.20 7400.84123 -0.00742 0.00920 N51°07'4l"W 0.01182 363.79 (364.20) 1/30786 1/49056 1/39543 6012.68 SQ FT 0.14 ACRES Easting Elevation 3543.52409 0.00 3493.52896 0.00 3493.98461 0.00 3513.40239 0.00 3512.94935 RP 3523.34737 3531.23973 0.00 3547.78l36 3606.38844 Calc CL RP 3552.67512 3559.97612 3543.94968 0.00 3543.53329 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 14 Point Number Bearing Description Distance 292 N89°08'05"W 378 S02°02'50"W 362 SOOo04'09"W 348 S89°08'05"E 293 NOOo13'59"W 292 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 46.27 87.63 24.39 4 9.89 112.02 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+46.27 1+33.90 1+58.29 2+08.18 3+20.20 0.00036 0.00407 S85°00'06"W 0.00409 Northing 7401.54662 7402.24536 7314.67129 7290.28131 7289.52790 7401.54697 320.20 (320.20) 1/78314 1/898855 1/78613 5421. 63 SQ FT 0.12 ACRES Easting Elevation 3493.52403 0.00 3447.25931 0.00 3444.12889 0.00 3444.09944 0.00 3493.98375 0.00 3493.52810 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 15 Point Number Bearing Description Distance 348 SOOo18'00"W 52.07 349 S89°46'25"E 95.55 350 NOOo13'35"E 0.25 384 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 417 PT N52°25'46"W 20.87 416 PT Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 347 N89°08'05"W 69.30 348 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area ~. , , , , , Sta Northing 0+00.00 7290.28036 0+52.07 7238.21107 1+47.62 7237.83353 1+47.88 7238.08353 239 7237.81880 67.00 , 28°45'37" Right 33.63 , N14°36'24"E 33.28 , 2.10 , 2 .17 , 85°30'58" Arc Definition 17.18 , 7255.26615 1+81.51 7270.28791 2+02.37 7283.01314 413 7259.23505 30.00 , 36°42'19" Left 19.22 , N70046'56"W 18.89 , 1. 53 , 1. 61 , 190°59'09" Arc Definition 9.95 , 7289.08340 2+21.59 7289.23097 2+90.90 7290.27749 -0.00286 -0.00084 N16°26'49"E 0.00298 290.21 (290.90) 1/97282 1/101433 1/343601 4925.98 SQ FT 0.11 ACRES Easting Elevation 3444.09953 0.00 3443.82690 0.00 3539.37615 0.00 3539.37714 0.00 3606.37661 Calc CL RP 3539.44955 3547.76975 3531.22813 0.00 3512.93599 RP 3523.34737 3513.39078 0.00 3444.09869 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 16 Point Number Bearing Description Distance 349 SOOo13'35"W 363 SOl°52'41"W 351 S89°46'25"E 352 NOOo13'35"E 350 N89°46'25"W 349 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 18.67 21. 34 96.l7 40.00 95.55 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+18.67 0+40.01 1+36.18 1+76.18 2+71.73 -0.00115 0.00491 N76°47'13"W 0.00505 Northing 7238.21258 7219.54273 7198.21419 7197.83420 7237.83389 7238.21143 271.73 (271.73) 1/53854 1/235612 1/55319 3828.74 SQ FT 0.09 ACRES Easting Elevation 3443.82690 0.00 3443.75313 0.00 3443.05376 0.00 3539.22301 0.00 3539.38106 0.00 3443.83181 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 17 Point Number Bearing Description Distance 351 SOl°52'41"W 364 SOl°48'37"E 353 S89°46'25"E 354 NOOo13'35"E 352 N89°46'25"W 351 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 16.36 23.66 95.80 40.00 96.17 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+16.36 0+40.02 1+35.82 1+75.82 2+71. 99 0.00175 -0.00068 S21°23'15"E 0.00188 Northing 7198.21533 7181.86412 7158.21592 7157.83740 7197.83708 7198.21707 271.99 (271.99) 1/145042 1/155769 1/397732 3851.85 SQ FT 0.09 ACRES Easting Elevation 3443.05370 0.00 3442.51754 0.00 3443.26496 0.00 3539.06421 0.00 3539.22226 0.00 3443.05301 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 18 Point Number Bearing Description Distance 353 SOl°48'37"E 365 S03°56'41"W 355 S89°46'25"E 356 NOOo13'35"E 354 N89°46'25"W 353 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 22.52 17.53 96.14 40.00 95.80 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+22.52 0+40.05 1+36.19 1+76.19 2+71.99 0.00111 0.00350 S72°18'54"W 0.00367 Northing 7158.21418 7135.70542 7118.21695 7117.83708 7157.83677 7158.21529 271.99 (271.99) 1/74142 1/244062 1/77820 3818.95 SQ FT 0.09 ACRES Easting Elevation 3443.26497 0.00 3443.97638 0.00 3442.77042 0.00 3538.90967 0.00 3539.06772 0.00 3443.26847 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 19 Point Number Bearing Description Distance 355 S03°56'41"W 6.34 366 SOO022'58"E 27.43 367 S15°40'24"E 6.49 357 S89°46'25"E 98.98 358 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 383 NOOo13'35"E 1. 02 356 N89°46'25"W 96.14 355 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta Northing 0+00.00 7118.21582 0+06.34 7111.89084 0+33.77 7084.46145 0+40.26 7078.21277 1+39.24 7077.82168 236 7116.14370 171.00 , 13°10'36" Right 39.33 , N06°21'43"W 39.24 , 1.l3 , 1.14 , 33°30'23" Arc Definition 19.75 , 1+78.57 1+79.59 2+75.73 0.00407 -0.00375 S42°38'46"E 0.00553 7097.06621 7116.82003 7117.84002 7118.21989 275.~4 (275.73) 1/49857 1/67782 1/73594 3907.43 SQ FT 0.09 ACRES Easting Elevation 3442.77047 0.00 3442.33432 0.00 3442.51757 0.00 3444.27086 0.00 3543.25009 0.00 3709.90069 Calc CL RP 3538.82448 3538.90195 0.00 3538.90598 0.00 3442.76673 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 20 Point Number Bearing Description Distance 357 S15°40'24"E 41. 59 359 S89°46'25"E 101.38 360 N21°12'11"W 17.73 382 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 358 N89°46'25"W 98.98 357 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7078.20958 0+41. 59 7038.16600 1+42.97 7037.76542 1+60.70 7054.29518 236 7116.14148 171. 00 , 8°15'10" Right 24.63 , N17°04'36"W 24.61 , 0.44 , 0.44 , 33°30'23" Arc Definition 12.34 , 1+85.33 2+84.31 0.00170 -0.00362 S64°47'39"E 0.00400 7065.79570 7077.820l9 7078.21128 284.29 (284.31) 1/71058 1/166853 1/78536 3984.28 SQ FT 0.09 ACRES Easting Elevation 3444.27159 0.00 3455.50723 0.00 3556.88644 0.00 3550.47395 0.00 3709.89802 Calc CL RP 3546.01525 3543.24720 0.00 3444.26797 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 21 Point Number Bearing Description Distance 359 S15°40'24"E . 368 S05°22'27"E 376 N75°43'20"E 375 N21°12'11"W 360 N89°46'25"W 359 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 8.99 51. 23 110.02 34.46 101.38 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+08.99 0+60.22 1+70.24 2+04.70 3+06.08 0.00073 0.00598 S83°02'12"W 0.00602 Northing 7038.16487 7029.50914 6978.50433 7005.63781 7037.76503 7038.16560 306.08 (306.08) 1/50805 1/419063 1/51183 4863.33 SQ FT 0.11 ACRES Easting Elevation 3455.50749 0.00 3457.93616 0.00 3462.73433 0.00 3569.35597 0.00 3556.89268 0.00 3455.51347 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 22 Point Number Bearing Description Distance 376 S05°22'27"E 369 S07°06'36"E 370 S14°15'58"E 371 N65°56'22"E 377 N21°12'11"W 375 S75°43'20"W 376 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 3.48 37.03 14.56 121.09 34.42 110.02 Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta 0+00.00 0+03.48 0+40.51 0+55.07 1+76.16 2+10.58 3+20.60 0.00412 -0.00410 S44°50'26"E 0.00581 Northing 6978.50501 6975.04030 6938.29505 6924.18406 6973.55268 7005.64261 6978.50913 320.60 (320.60) 1/55179 1/77818 1/78253 5132.04 SQ FT 0.12 ACRES Easting Elevation 3462.73471 0.00 3463.06064 0.00 3467.64402 0.00 3471.23198 0.00 3581.80108 0.00 3569.35225 0.00 3462.73061 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT A Point Number Bearing Description Distance 371 S14°15'58"E 15.53 426 S18°44'43"E 41.02 427 S15°28'25"E 31.95 428 S29°17'44"E 24.85 429 S48°58'19"E 21. 28 430 S39°52'10"E 25.26 431 S56°09'40"E 30.42 432 S82°09'26"E 25.82 433 S79°09'12"E 32.66 434 S79°27'24"E 60.33 435 S03°14'01"W 8.89 436 S89°14'38"E 33.73 346 NOO045'22"E 101. 62 345 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 381 N21°12'11"W 377 S65°56'22"W 371 Closing latitude Closing departure C~osing bearing Closing distance Total traverse length Total error of closure 17.84 121.09 Error of closure in latitude , , , , , , , , , , , , , , , Sta Northing 0+00.00 6924.18015 0+15.53 6909.12907 0+56.55 6870.28491 0+88.50 6839.49298 1+13.34 6817.82112 1+34.62 6803.85232 1+59.88 6784.46509 1+90.30 6767.52542 2+16.13 6764.00215 2+48.79 6757.85615 3+09.12 6746.81702 3+18.01 6737.94117 3+51.74 6737.49606 4+53.36 6839.10721 233 7027.80174 196.00 , 53°06'16" Right 181.66 , N47°45'-19"W 175.23 , 20.67 , 23.11 , 29°13'57" Arc Definition 97.95 , 6865.60369 6+35.02 6956.91410 6+52.86 6973.54641 7+73.95 6 9 2 4 . ,1 7 7 7 9 -0.00236 -0.00170 N35°44'45"E 0.00291 767.52 (773.95) 1/263928 1/325188 Easting Elevation 3471.23295 0.00 3475.05994 0.00 3488.24218 0.00 3496.76627 0.00 3508.92574 0.00 3524.97912 0.00 3541.17181 0.00 3566.43886 0.00 3592.01735 0.00 3624.09385 0.00 3683.40529 0.00 3682.90383 0.00 3716.63089 0.00 3717.97190 0.00 3770.98488 Calc CL RP 3623.67677 3588.25262 0.00 3581.80035 0.00 3471.23125 0.00 • Ct~lltLe Pointe :JuLveyill<j 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT rror of closure in departure = 1/451786 Area 32922.40 SQ FT Area 0.76 ACRES PROJECT: G:\2257\2257.pro Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT B Point Number Bearing Description Distance T78 N89°08'05"W 219 SOOo07'31"E 217 S89°14'38"E 436 N03°14'01"E 435 N79°27'24"W 434 N79°09'12"W 433 N82°09'26"W 432 N56°09'40"W 431 N39°52'10"W 430 N48°58'19"W 429 N29°17'44"W 428 N15°28'25"W 427 N18°44'43"W 426 N14°15'58"W 370 N07°06'36"W 369 N05°22'27"W 368 N15°40'24"W 367 NOOo22'58"W 366 N03°56'41"E 365 N01°48'37"W 364 N01°52'41"E 363 NOOo13'35"E 362 N02°02'50"E 378 Closing latitude Closing departure Closing bearing 27.29 ' 661. 27 ' 261.51 ' 8.89 ' 60.33 ' 32.66 ' 25.82 ' 30.42 ' 25.26 ' 21.28 ' 24.85 ' 31. 95 ' 41. 02 ' 30.09 ' 37.03 ' 54.71 ' 57.08 ' 27.43 ' 23.87 ' 46.18 ' 37.70 ' 95.13 ' 87.63 ' Sta 0+00.00 0+27.29 6+88.55 9+50.06 9+58.95 10+19.28 10+51.94 10+77.77 11+08.19 11+33.45 11+54.73 11+79.57 12+11.52 12+52.54 12+82.63 13+19.66 13+74.37 14+31.45 14+58.88 14+82.75 15+28.93 15+66.63 16+61.76 17+49.39 -0.00203 0.00144 N35°23'50"W Northing Easting Elevation 7402.24541 3447.25931 0.00 7402.65752 3419.97242 6741.38910 3421.41829 6737.93815 3682.90552 0.00 6746.81400 3683.40698 0.00 6757.85313 3624.09554 0.00 6763.99913 3592.01904 0.00 6767.52240 3566.44055 0.00 6784.46207 3541.17350 0.00 6803.84930 3524.98082 0.00 6817.81810 3508.92743 0.00 6839.48996 3496.76796 0.00 6870.28189 3488.24388 0.00 6909.12605 3475.06163 0.00 6938.28812 3467.64668 0.00 6975.03337 3463.06330 0.00 7029.50288 3457.93919 0.00 7084.46051 3442.51890 0.00 7111.88990 3442.33565 0.00 7135.70335 3443.97776 0.00 7181.86030 3442.51893 0.00 7219.54005 3443.75445 0.00 7314.66931 3444.13033 0.00 7402.24338 3447.26075 0.00 I C'cnt're Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT losing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area = 0.00249 1749.40 (1749.39) 1/702423 1/861703 1/1212664 32627.09 SQ FT 0.75 ACRES PROJECT: G:\2257\2257.pro Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 23 Point Number Bearing Description Distance 346 S89°14'38"E 50.00 344 NOO045'22"E 95.00 343 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 345 SOO045'22"W 101.62 346 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6737.49824 0+50.00 6736.83843 1+45.00 6831.83016 233 7027.80556 196.00 , 14°47'06" Right 50.58 , N81°41'59"W 50.44 , 1. 63 , 1. 64 , 29°13'57" Arc Definition 25.43 , 1+95.58 2+97.20 0.00233 -0.00336 S55°12'50"E 0.00409 6832.23380 6839.1ll73 6737.50058 297.06 (297.20) 1/72646 1/127333 1/88454 4860.76 SQ FT o .ll. ACRES Easting Elevation 3716.63020 0.00 3766.62584 0.00 3767.87949 0.00 3770.98472 Calc CL RP 3742.45286 3717.96784 0.00 3716.62684 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 24 Point Number Bearing Description Distance 344 S89°14'38"E 50.00 342 NOO045'22"E 95.00 341 N89°14'38"W 49.48 380 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 343 SOO045'22"W 95.00 344 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 6736.83852 0+50.00 6736.17871 1+45.00 6831.17044 1+94.48 6831.82339 233 7027.80632 196.00 , 0°09'06" Right 0.52 , N89°10'05"W 0.52 , 0.00 , 0.00 , 29°13'57" Arc Definition 0.26 , 1+95.00 2+90.00 0.00069 0.00001 S00047'38"W 0.00069 6831.82683 6831.83094 6736.83921 290.00 (290.00) 1/421363 1/421404 1/30405911 4750.00 SQ FT 0.11 ACRES Easting Elevation 3766.62584 0.00 3816.62149 0.00 3817.87513 0.00 3768.39944 0.00 3770.98591 Calc CL RP 3768.13878 3767.87950 0.00 3766.62585 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 26 Point Number Bearing Description Distance 340 S89°14'38"E 338 NOOo45'22"E 337 N89°14'38"W 339 SOOo45'22"W 340 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6735.51908 6734.85927 6829.85099 6830.51081 6735.51908 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3866.61714 0.00 3916.61279 0.00 3917.86643 0.00 3867.87078 0.00 3866.61714 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 27 Point Number Bearing Description Distance 338 S89°14'38"E 336 NOOo45'22"E 335 N89°14'38"W 337 SOOo45'22"W 338 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6734.85936 6734.19954 6829.19127 6829.85108 6734.85936 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3916.61279 0.00 3966.60843 0.00 3967.86208 0.00 3917.86643 0.00 3916.61279 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:33 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 28 Point Number Bearing Description Distance 336 S89°14'38"E 374 NOOo45'22"E 373 N89°14'38"W 335 SOOo45'22"W 336 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.00 50.00 95.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.00 1+95.00 2+90.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6734.19963 6733.53982 6828.53155 6829.19136 6734.19963 290.00 (290.00) 1/999999 1/999999 1/999999 4750.00 SQ FT 0.11 ACRES Easting Elevation 3966.60843 0.00 4016.60408 0.00 4017.85772 0.00 3967.86208 0.00 3966.60843 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 30 Point Number Bearing Description Distance 308 SOOo13'59"E 70.56 411 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 387 N89°14'38"W 25.68 314 NOO045'22"E 96.08 313 S89°08'05"E 4 9.46 308 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 6966.17897 0+70.56 6895.61956 409 6895.51787 25.00 , 90°59'21" Right 39.70 , S45°15'41"W 35.66 , 7.48 , 10.66 , 229°10'59" Arc Definition 25.44 , 1+10.26 1+35.95 2+32.02 2+81.48 0.00405 0.00130 S17°46'27"W 0.00426 6870.18119 6870.51943 6870.85831 6966.92994 6966.18303 277.44 (281.48) 1/65189 1/68457 1/213549 4689.55 SQ FT 0.11 ACRES Easting Elevation 4044.30178 0.00 4044.58878 0.00 4019.58899 25'RP 4044.69246 4019.25858 3993.58082 0.00 3994.84871 0.00 4044.30307 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 31 Point Number Bearing Description Distance 313 N89°08'05"W 315 SOOo45'22"W 316 S89°14'38"E 314 NOOo45'22"E 313 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 96.15 40.00 96.08 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+36.16 1+76.16 2+72.23 0.00621 0.00015 SOl°25'32"W 0.00621 Northing 6966.92592 6967.52997 6871.38835 6870.86050 6966.93213 272.23 (272.23) 1/43815 1/43829 1/1761069 3844.67 SQ FT 0.09 ACRES Easting Elevation 3994.84826 0.00 3954.85282 0.00 3953.58400 0.00 3993.58052 0.00 3994.84842 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 32 Point Number Bearing Description Distance 315 N89°08'05"W 317 SOOo45'22"W 318 S89°14'38"E 316 NOOo45'22"E 315 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 96.23 40.00 96.15 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+36.23 1+76.23 2+72.39 -0.00379 0.00002 NOOo20'32"W 0.00379 Northing 6967.53001 6968.13407 6871.91245 6871.38460 6967.52622 272.38 (272.39) 1/71905 1/71906 1/12041681 3847.72 SQ FT 0.09 ACRES Easting Elevation 3954.85275 0.00 3914.85731 0.00 3913.58744 0.00 3953.58395 0.00 3954.85277 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 33 Point Number Bearing Description Distance 317 N89°08'05"W 319 SOOo45'22"W 320 S89°14'38"E 318 NOOo45'22"E 317 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 96.31 40.00 96.23 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+36.31 1+76.31 2+72.54 -0.00379 0.00002 NOOo20'32"W 0.00379 Northing 6968.13410 6968.73816 6872.43654 6871.90869 6968.13032 272.54 (272.54) 1/71947 1/71948 1/12048755 3850.78 SQ FT 0.09 ACRES Easting Elevation 3914.85724 0.00 3874.86180 0.00 3873.59087 0.00 39l3.58739 0.00 3914.85726 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 34 Point Number Bearing Description Distance 319 N89°08'05"W 40.00 309 S12°24'54"W 67.73 398 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 415 PT S89°14'38"E 29.20 320 NOO045'22"E 96.31 319 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 6968.73820 0+40.00 6969.34225 1+07.72 6903.19605 414 6897.82127 25.00 , 101°39'32" Left 44.36 , S38°24'52"E 38.76 , 9.21 , 14.58 , 229°10'59" Arc Definition 30.69 , 1+52.08 1+81.28 2+77.59 0.00425 -0.00505 S49°55'12"E 0.00660 6873.22911 6872.82616 6872.44083 6968.74244 272.00 (277.59) 1/41235 1/64045 1/53892 4599.17 SQ FT 0.11 ACRES Easting Elevation 3874.86173 0.00 3834.86629 0.00 3820.30495 3844.72035 25'RP 3813.71259 3844.38829 3873.58575 0.00 3874.85668 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 35 Point Number Bearing Description Distance 421 N89°08'05"W 307 S12°24'54"W 309 S89°08'05"E 312 N05°19'29"E 421 Closing latitude Closing departure Closing bearing Closing distance LOT LOT Total traverse length Total error of closure 100.15 37.00 104.73 36.36 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+00.15 1+37.15 2+41.87 2+78.23 -0.00086 -0.00097 N48°33'23"E 0.00130 Northing 7003.96377 7005.47617 6969.34138 6967.75981 7003.96291 278.24 (278.23) 1/214187 1/323603 1/285733 3713.34 SQ FT 0.09 ACRES Easting Elevation 3942.96051 3842.82193 0.00 3834.86726 0.00 3939.58532 0.00 3942.95953 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 ' Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 36 Point Number Bearing Description Distance 261 N89°08'05"W 95.79 .305 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 397 S12°24'54"W 27.18 307 S89°08'05"E 100.15 421 LOT N05°19'29"E 36.36 261 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7040.16694 0+95.79 7041.61350 244 7079.53594 221.00 , 2°32'05" Right 9.78 , Sll°08'52"W 9.78 , 0.05 , 0.05 , 25°55'32" Arc Definition 4.89 , 7036.79703 1+05.56 7032.01803 1+32.74 7005.47361 2+32.89 7003.96120 2+69.25 7040.16430 -0.00264 -0.00060 N12°53'57"E 0.00271 269.26 (269.25) 1/99533 1/102109 1/445865 3547.9·9 SQ FT 0.08 ACRES Easting Elevation 3946.33468 0.00 3850.55560 0.00 3632.83356 Calc CL RP 3849.72032 3848.66473 0.00 3842.82128 0.00 3942.95986 3946.33407 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 37 Point Number Bearing Description Distance 305 S89°08'05"E 95.79 261 NOl°36'31"E 36.25 422 N89°08'05"W 93.53 303 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 305 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 7041.61353 0+95.79 7040.16697 1+32.04 7076.40268 2+25.57 7077.81511 244 7079.53261 221.00 , 9°26'07" Right 36.39 , S05°09'46"W 36.35 , 0.75 , 0.75 , 25°55'32" Arc Definition 18.24 , 7059.58092 2+61.97 -0.00095 0.00637 N81°33'34"W 0.00644 7041.61258 261. 92 (261. 97) 1/40661 1/277023 1/41107 3413.26 SQ FT 0.08 ACRES Easting Elevation 3850.55924 0.00 3946.33831 0.00 3947.35592 3853.83658 0.00 3632.84326 Calc CL RP 3853.68872 3850.56561 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 38 Point Number Bearing Description Distance 422 NOOo13'59"W 36.26 423 N89°08'05"W 93.52 301 SOOo13'59"E 33.64 396 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 303 S89°08'05"E 93.53 422 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7076.40570 0+36.26 7112.66540 1+29.77 7114.07768 1+63.41 7080.43796 244 7079.53902 221.00 , 0°40'42" Right 2.62 , SOOo06'22"W 2.62 , 0.00 , 0.00 , 25°55'32" Arc Definition 1. 31 , 7079.12652 1+66.03 7077.81796 2+59.56 7076.40553 -0.00017 -0.00551 N88°15'06"E 0.00551 259.57 (259.56) 1/47083 1/1543269 1/47105 3390.01 SQ FT 0.08 ACRES Easting Elevation 3947.35245 3947.20496 3853.69562 0.00 3853.83245 0.00 3632.83428 Calc CL RP 3853.84060 3853.82760 0.00 3947.34694 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 40 Point Number Bearing Description Distance 424 NOOo13'59"W 425 N89°08'05"W 299 SOOo13'59"E 311 S89°08'05"E 424 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.01 93.52 50.01 93.52 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.01 1+43.53 1+93.54 2+87.05 0.00000 0.00000 N90000'OO''W 0.00000 Northing 7162.67084 7212.68043 7214.09271 7164.08312 7162.67084 287.06 (287.05) 1/999999 1/999999 1/999999 4675.86 SQ FT 0.11 ACRES Easting Elevation 3947.00140 3946.79798 3853.28864 0.00 3853.49206 0.00 3947.00140 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded b(,aring and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 42 Point Number Bearing Description Distance 425 S89°08'05"E 96.52 298 NOOo13'59"W 20.48 253 Lot 42 curve Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 394 N89°08'05"W 71.99 260 SOOo13'59"E 425 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 45.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7212.67962 0+96.52 7211.22203 1+17.00 7231.70186 252 7231.60017 25.00 , 88°54'05" Left 38.79 , N44°41'02"W 35.01 , 7.15 , 10.02 , 229°10'59" Arc Definition 24.53 , 1+55.79 2+27.78 2+72.79 -0.00822 0.00813 N44°41'02"W 0.01156 7256.22988 7256.59388 7257.68102 7212.67140 269.01 (272.79) 1/23266 1/32724 1/33087 4215.05 SQ FT 0.10 ACRES Easting Elevation 3946.79789 4043.30688 0.00 4043.22358 4018.22379 Lot 42 RP 4043.12147 4018.60473 3946.62294 0.00 3946.80602 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 43 Point Number Bearing Description Distance 425 S89°08'05"E "298 SOOo13'59"E 310 N89°08'05"W 424 NOOo13'59"W 425 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 96.52 50.01 96.52 50.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+96.52 1+46.53 2+43.04 2+93.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7212.67962 7211.22203 7161.21245 7162.67003 7212.67962 293.06 (293.05) 1/999999 1/999999 1/999999 4825.89 SQ FT 0.11 ACRES Easting Elevation 3946.79789 4043.30688 0.00 4043.51030 0.00 3947.00131 3946.79789 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 44 Point Number Bearing Description Distance 424 S89°08'05"E 310 SOOo13'59"E 300 N89°08'05"W 423 NOOo13'59"W 424 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 96.52 50.01 96.52 50.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+96.52 1+46.53 2+43.04 2+93.05 0.00000 0.00000 N90000'00''W 0.00000 Northing 7162.67084 7161.21326 7111.20367 7112.66125 7162.67084 293.06 (293.05) 1/999999 1/999999 1/999999 4825.89 SQ FT 0.11 ACRES Easting Elevation 3947.00140 4043.51039 0.00 4043.71381 0.00 3947.20482 3947.00140 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 48 Point Number Bearing Description Distance 421 S89°08'05"E 306 SOOo13'59"E 308 N89°08'05"W 312 N05°19'29"E 421 Closing latitude Closing departure Closing bearing Closing distance LOT LOT Total traverse length Total error of closure 101.21 36.26 104.73 36.36 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+01. 21 1+37.46 2+42.19 2+78.55 -0.00345 0.00211 N31°27'09"W 0.00404 Northing 7003.96377 7002.43536 6966.17566 6967.75722 7003.96032 278.56 (278.55) 1/68964 1/80842 11132168 3732.53 SQ FT 0.09 ACRES Easting Elevation 3942.96051 4044.15896 4044.30645 0.00 3939.58840 0.00 3942.96261 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 49 Point Number Bearing Description Distance 388 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 402 N12°24'54"E 56.72 328 N53°08'09"W 40.00 329 S38°36'47"W 101.20 330 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 388 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6875.65076 412 6900.35135 25.00 , 86°27'41" Left 37.73 , N55°38'45"E 34.25 , 6.78 , 9.31 , 229°10'59" Arc Definition 23.50 , 6872.02431 0+37.73 6894.97827 0+94.44 6950.37193 1+34.44 6974.36873 2+35.65 6895.29324 233 7027.81102 154.00 , 21°45'00" Left 58.46 , S70014'54"E 58.11 , 2.77 , 2.82 , 37°12'18" Arc Definition 29.59 , 6880.21605 2+94.11 6875.65531 0.00455 0.00403 S41°30'26"W 0.00608 290.28 (294.11) 1/47748 1/63760 1/72049 5395.84 SQ FT 0.12 ACRES Easting Elevation 3747.22139 0.00 375l. 07897 25'RP 3770.44172 3775.49700 3787.69129 0.00 3755.68889 0.00 3692.53425 0.00 3770.98831 Calc CL RP 37l7.98958 3747.22542 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 50 Point Number Bearing Description Distance 329 N53°08'09"W 35.00 331 S38°36'57"W 101.03 332 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 330 N38°36'47"E 101.20 329 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6974.36533 0+35.00 6995.36253 1+36.03 6916.42294 233 7027.80371 154.00 , 13°03'00" Left 35.08 , S52°50'54"E 35.00 , 1. 00 , 1. 00 , 37°12'18" Arc Definition 17.61 , 6904.26177 1+71.10 6895.28549 2+72.30 6974.36098 -0.00435 -0.00345 N38°23'33"E 0.00555 272.23 (272.30) 1/49010 1/62530 1/78915 3560.88 SQ FT 0.08 ACRES Easting Elevation 3755.68598 0.00 3727.68388 0.00 3664.63151 0.00 3770.98151 Calc CL RP 3677.37348 3692.52790 0.00 3755.68253 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 51 Point Number Bearing Description Distance 331 N53°08'09"W 35.00 327 S44°27'15"W 89.80 333 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 332 N38°36'57"E 101. 03 331 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , Sta Northing 0+00.00 6995.36257 0+35.00 7016.35977 1+24.80 6952.25955 233 7027.80863 154.00 , 16°56'42" Left 45.54 , S37°51'04"E 45.38 , 1. 68 , 1. 70 , 37°12'18" Arc Definition 22.94 , 1+70.35 2+71.37 0.00416 0.00557 S53°14'46"W 0.00696 6932.26775 6916.42714 6995.36673 271.21 (271.37) 1/38981 1/65145 1/48653 3837.27 SQ FT 0.09 ~CRES Easting Elevation 3727.68391 0.00 3699.68181 0.00 3636.79142 0.00 3770.98656 Calc CL RP 3648.04286 3664.63711 0.00 3'27.68949 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 52 Point Number Bearing Description Distance 327 N04°52'09"E 35.20 326 S76°03'05"W 99.65 334 S21°12'11"E 59.32 389 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 333 N44°27'15"E 89.80 327 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7016.35980 0+35.20 7051.43277 1+34.85 7027.41198 1+94.17 6972.10768 233 7027.80552 154.00 , 8°10'32" Left 21. 97 , S25°17'27"E 21. 96 , 0.39 , 0.39 , 37°12'18" Arc Definition 11. 01 , 2+16.15 3+05.95 -0.00706 0.00277 N21°24'19"W 0.00758 6961.84786 6952.25253 7016.35275 305.93 (305.95) 1/40364 1/43355 1/110599 5063.93 SQ FT 0.12 ACRES Easting Elevation 3699.68184 0.00 3702.66964 0.00 3605.95809 0.00 3627.41261 0.00 3770.98750 Calc CL RP 3631.38992 3636.79421 0.00 3699.68461 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 53 Point Number Bearing Description Distance 326 N04°52'09"E 35.00 407 N89°08'05"W 121. 68 324 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 390 S21°12'11"E 45.13 334 N76°03'05"E 99.65 326 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7051.43354 0+35.00 7086.30723 1+56.68 7088.14476 236 7116.14057 129.00 , 8°40'08" Left 19.52 , S16°52'07"E 19.50 , 0.37 , 0.37 , 44°24'55" Arc Definition 9.78 , 7078.60027 1+76.20 7069.48379 2+21.32 7027.40889 3+20.98 7051.42968 -0.00386 -0.00292 N37°03'25"E 0.00484 320.96 (320.98) 1/66343 1/83133 1/110093 5363.09 SQ FT 0.12 ACRES Easting Elevation 3702.66965 0.00 3705.64048 3583.97435 0.00 3709.89987 Calc CL RP 3586.09756 3589.63282 0.00 3605.95518 0.00 3702.66674 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 54 Point Number Bearing Description Distance 407 NOl°18'05"E 40.00 408 N89°08'05"W 125.62 322 SOOoI3'35"W 11. 55 391 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 324 S89°08'05"E 121. 68 407 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area '" , , , , Sta Northing 0+00.00 7086.30723 0+40.00 7126.29691 1+65.62 7128.19395 1+77.16 7116.64404 236 7116.13433 129.00 , 12°45'38" Left 28.73 , S06°09'14"E 28.67 , 0.80 , 0.80 , 44°24'55" Arc Definition 14.42 , 7102.22567 2+05.89 7088.13925 3+27.57 7086.30171 -0.00552 -0.00332 N31°02'55"E 0.00644 327.52 (327.57) 1/50842 1/59345 1/98577 4979.56 SQ FT 0.11 ACRES Easting Elevation 3705.64042 3706.54889 3580.94321 0.00 3580.89757 0.00 3709.89657 Calc CL RP 3580.84519 3583.97098 0.00 3705.63710 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 57 Point Number Bearing Description Distance 289 S89°08'05"E 295 NOOoI3'35"E 294 N89°08'05"W 288 SOOoI3'35"W 289 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 95.01 40.00 95.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+35.01 1+75.01 2+70.02 0.00000 0.00000 N90000'00''W 0.00000 Northing 7167.44216 7166.83811 7261.84737 7262.45142 7167.44216 270.02 (270.02) 1/999999 1/999999 1/999999 3800.24 SQ FT 0.09 ACRES Easting Elevation 3631.10326 0.00 3671.09870 0.00 3671.47410 0.00 3631.47867 0.00 3631.10326 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 58 Point Number Bearing Description Distance 295 S89°08'05"E 297 NOOo13'35"E 296 N89°08'05"W 294 SOOo13'35"W 295 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 50.00 95.01 50.00 95.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+50.00 1+45.01 1+95.01 2+90.02 0.00000 0.00000 N90000'00''W 0.00000 Northing 7166.83804 7166.08297 7261.09223 7261.84729 7166.83804 290.02 (290.02) 1/999999 1/999999 1/999999 4750.30 SQ FT 0.11 ACRES Easting Elevation 3671.10119 0.00 3721.09548 0.00 3721. 47089 0.00 3671.47659 0.00 3671.10119 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 59 Point Number Bearing Description Distance 297 S89°08'05"E 287 NOOo13'35"E 286 N89°08'05"W 296 SOOo13'35"W 297 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 95.01 40.00 95.01 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+35.01 1+75.01 2+70.01 0.00000 0.00000 N90000'00"W 0.00000 Northing 7166.08288 7165.47882 7260.48808 7261.09213 7166.08288 270.02 (270.01) 1/999999 1/999999 1/999999 3800.00 SQ FT 0.09 ACRES Easting Elevation 3721.09859 0.00 3761.09403 0.00 3761.46944 0.00 3721.47400 0.00 3721.09859 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 60 Point Number Bearing Description Distance 287 S89°08'05"E 50.40 290 NOOo13'59"W 70.49 399 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 404 PC N89°08'05"W 25.12 286 SOOo13'35"W 95.01 287 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta Northing 0+00.00 7165.47878 0+50.40 7164.71768 1+20.90 7235.20709 403 7235.10540 25.00 , 88°54'05" Left 38.79 , N44°41'02"W 35.01 , 7.15 , 10.02 , 229°10'59" Arc Definition 24.53 , 7259.73425 1+59.69 7260.09911 1+84.80 7260.47845 2+79.81 7165.46919 -0.00959 -0.00386 N21°55'55"E 0.01034 276.03 (279.81) 1/26697 1/28780 1/71477 4623.90 SQ FT 0.11 ACRES Easting Elevation 3761.09403 0.00 3811.48828 0.00 3811.20156 3786.20177 25'RP 3811.10528 3786.58271 3761.46557 0.00 3761.09017 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 61 Point Number Bearing Description Distance 408 N01°18'05"E 372 S89°08'05"E 290 SOOo13'59"E 321 N89°08'05"W 408 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 40.00 104.05 40.01 105.12 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+40.00 1+44.05 1+84.05 2+89.17 -0.00383 0.00133 N19°08'15"W 0.00405 Northing 7126.29807 7166.28775 7164.71646 7124.70679 7126.29424 289.18 (289.17) 1/71365 1/75539 1/217684 4183.28 SQ FT 0.10 ACRES Easting Elevation 3706.54895 3707.45742 0.00 3811.49555 0.00 3811.65829 0.00 3706.55028 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distarlcc, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 62 Point Number Bearing Description Distance 408 S89°08'05"E 321 SOOo13'59"E 323 N89°08'05"W 407 N01°18'05"E 408 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 105.12 40.01 106.19 40.00 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+05.12 1+45.13 2+51.31 2+91.32 -0.00383 0.00l33 N19°08'15"W 0.00405 Northing 7126.29807 7124.71061 7084.70095 7086.30456 7126.29424 291.32 (291.32) 1/71893 1/76098 1/219295 4 2 2 6 . 14 SQ FT 0.10 ACRES Easting Elevation 3706.54895 3811.65697 0.00 3811.81971 0.00 3705.64182 3706.55028 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT PROJECT: G:\2257\2257.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 63 Point Number Bearing Description Distance 407 S89°08'05"E 106.19 323 SOOo13'59"E 4.44 400 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 401 S12°24'54"W 13.17 325 N77°10'53"W 326 N04°52'09"E 407 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 104.76 35.00 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta Northing 0+00.00 7086.30723 1+06.19 7084.70362 1+10.63 7080.26365 244 7079.53556 l79.00 , 12°38'53" Right 39.51 , S06°05'27"W 39.43 , 1. 09 , 1.10 , 32°00'32" Arc Definition 19.84 , 1+50.14 1+63.31 2+68.07 3+03.07 0.00327 0.00252 S37°41'41"W 0.00413 7060.42608 7041.05624 7028.19420 7051.43681 7086.31050 302.99 (303.07) 1/73418 1/927$4 1/120071 4894.82 SQ FT 0.11 ACRES Easting Elevation 3705.64042 3811.81831 0.00 3811.83637 0.00 3632.83785 Calc CL RP 3811.91635 3807.65265 0.00 3804.82122 0.00 3702.67212 0.00 3705.64295 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, December 01, 2005 11:22:34 AM NEW PROJECT CLOSURE REI:'ORT PROJECT: G:\2257\2257.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 64 Point Number Bearing Description Distance 326 S77°10'53"E 325 S12°24'54"W 328 N53°08'09"W 327 N04°52'09"E 326 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure 104.76 79.69 110.00 35.20 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+04.76 1+84.45 2+94.45 3+29.65 -0.00497 -0.00233 N25°08'01"E 0.00549 Northing 7051.43354 7028.19093 6950.36440 7016.35560 7051.42857 329.65 (329.65) 1/60062 1/66344 1/141413 5815.81 SQ FT 0.13 ACRES Easting Elevation 3702.66965 0.00 3804.81875 0.00 3787.68612 0.00 3699.67952 0.00 3702.66732 0.00 ELHHl7/?ST Lt4I-6~-690 A portion of the NW 1/4 of the NW City of Renton. L . j TRACT A ~'*' 50.00' SO.oo· LEGEND: e • ~t. touncl u noted. V'SitH 5eC)t. 15. 200". • -s.t , .. rebM' wtth 1tllow plntic c~ atMPH " 22l38/l1111&5". )( • Set axa in bra •• diM ,,, ....... conc,..te post (AJ .. ~1.1 lter1"1 1!!Ilml. AOdPeU ftUIIber UDSE .. Uti lity. Dr.IMQf Jftd $1 ... .,.111: DMMnts. M.£ .. PriVate' Acees ....... utility Ease..,.' to Lot 14. \.IE • utlllt, [ .. ettent. 50.00' SCALE: 1" 50' --NW-NW 15. T23N. R5E. WM -"" H...F Holdings. Inc. 213 East ~eke,. Kent. MA 98032 KING COUNTY. WASHINGTON SHEET 2 OF 5 .. qryplataddress 11117/2005 L~1r I[tREE 5mB. STREit NAME SUBDIV 1 4436 NE 2NDCT ELMHURST PLAT 2 4432 NE 2NDCT ELMHURST PLAT 3 4426 NE 2NDCT ELMHURST PLAT ~ 4420 NE 2NDCT ELMHURST PLAT 5 4414 NE 2NDCT ELMHURST PLAT 6 4408 NE 2NDCT ELMHURST PLAT 7 4402 NE 2NDCT ELMHURST PLAT 8 4336 NE 2NDCT ELMHURST PLAT 9 4330 NE 2NDCT ELMHURST PLAT 10 4324 NE 2NDCT ELMHURST PLAT 11 4318 NE 2NDCT ELMHURST PLAT 12 4312 NE 2NDCT ELMHURST PLAT 13 4306 NE 2NDCT ELMHURST PLAT 14 4300 NE ~NDCT ELMHURST PLAT 15 271 WHITMAN PL NE ELMHURST PLAT 16 265 VVHITMAN PL NE ELMHURST PLAT 17 259 VVHITMAN PL NE ELMHURST PLAT 18 253 VVHITMAN PL NE ELMHURST PLAT 19 233 VVHITMAN PL NE ELMHURST PLAT 20 227 VVHITMAN PL NE ELMHURST PLAT 21 221 VVHITMAN PL NE ELMHURST PLAT ~2 215 VVHITMAN PL NE ELMHURST PLAT ~3 4333 NE 2NDLN ELMHURST PLAT ~4 4403 NE 2NDLN ELMHURST PLAT 25 4409 NE 2NDLN ELMHURST PLAT 26 4415 NE 2NDLN ELMHURST PLAT 127 4421 NE 2NDLN ELMHURST PLAT 128 4427 NE 2NDLN ELMHURST PLAT ~9 4433 NE I2ND LN ELMHURST PLAT 30 4434 NE 2NDLN ELMHURST PLAT 31 4428 NE 2NDLN ELMHURST PLAT 32 4422 NE 2NDLN ELMHURST PLAT 33 4416 NE 2NDLN ELMHURST PLAT 34 4410 NE 2NDLN ELMHURST PLAT 35 222 ~NACORTES PL NE ELMHURST PLAT 36 226 ~NACORTES PL NE ELMHURST PLAT 37 230 ~ACORTES PL NE ELMHURST PLAT 38 236 ANACORTES PL NE ELMHURST PLAT t39 252 ANACORTES PL NE ELMHURST PLAT 0 258 ~NACORTES PL NE ELMHURST PLAT 1 264 ~NACORTES PL NE ELMHURST PLAT ~2 267 BREMERTON AVE N ELMHURST PLAT 3 261 BREMERTON AVE N ELMHURST PLAT ~ 255 BREMERTON AVE N ELMHURST PLAT 5 237 BREMERTON AVE N ELMHURST PLAT 6 231 BREMERTON AVE N ELMHURST PLAT Page 1 .' qryplataddress 1111712005 ,- Page 2 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 8, 2005 Bob Mac Onie Sonja Fesser, Technical Services Juliana Fries, X 7278 ELMHURST -FINAL PLAT LUA 05-090 FP 201 BREMERTON 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: ,", ~ ... ?? ... ~ ,~.' J ~ 12-kJ-LxoJ Robert T. Mac~nie, Jr. PLS' \ Name Title Date Mapping Coordinator Approval: ( ~a.f}'I~fA.) Iz)¥=>s Name . e Date llqE: A1=1=*"1oVAL 1'6 SUBJECT ,0 "j"Hf:: A':tIAcHEt> lvtE:f...-fo ~ cc: Yellow File • DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 9,2005 Juliana Fries ~ Sonja J. Fesser y~ Elmhurst Plat, LUA-05-090-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comment: Comments for the Applicant: The dimension (647.66') noted for the north line of the subject plat is in error (Sheet 2 of 5). Said dimension erroneously includes the 25' to the east of the subject plat in the calculation. Comments for the Project Manager: Remember to include in the recording instructions that the recording number for the CC&Rs document needs to be noted in the space provided on Sheet 4 of 5 of the plat document. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-IO -Plats\0427\RV051207.doc Printed: 12-16-2005 Payment Made: ~ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA05-090 12/16/200502:34 PM Receipt Number: R0506770 Total Payment: 105,927.11 Payee: GARY MERLINO CONSTRUCTION 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 151014 105,927.11 Account Balances Amount 32,376.36 29,768.00 43,782.75 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 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 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 City of n .. nton Department of Planning / Building / Public •• orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: FIre..-COMMENTS DUE: AUGUST 22, 2005 APPLICATION NO: LUA05-090, FP DATE CIRCULATED: AUGUST 8,2005 APPLICANT: Gary Merlino Const. Co., Inc. PROJECT MANAGER: Juliana Fries PROJECT TITLE: Elmhurst Final Plat PLAN REVIEW: Jennif~ ~niwg {Fl ~ r fM7 f? ~ :~ = -<c;f _l-'=> [j \"JU; r SITE AREA: N/A BUILDING AREA (gros~ LOCATION: 201 Bremerton Avenue NE WORK ORDER NO: 7 lb~ jll~ .. I SUMMARY OF PROPOSAL: Final plat of Elmhurst Plat with 64 sin~le-famiIY residential 10 L nvu _Q S~i ~ S. ThE plat includes ins a a ion ary sewer main, water main, storm drainage system, sidewalks, streetlig ting, landscaping, anc signs ('In. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS FiRE D'P' RL ,. ~" ,.: r\)j r/;tI-iT 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 Housino Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy! HistoriclCultural Natural Resources PreseNation Airport Environment 10,000 Feet 14,000 Feet B. POLiCY-RELATED COMMENTS AJ). C. application with particular attention to those areas in which we have expertise and have i entified areas of probable impact or I information i eded to properly assess this proposal. -0 1J6- Signature of ative Date DATE: TO: FROM: SUBJECT: Julianna, PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM December 14, 2005 Julianna Fries Jennifer Henning, x7286 Elmhurst Final Plat -Landscape Inspection File No. LUA05-090, FP I met with Heidi Klut and Gordon Lee on the Elmhurst site today for a landscape inspection. The landscape installation in the stream buffer is approved. The planting within the storm drainage pond is approved. Landscaping on the exterior of the storm drainage pond is approved. NGPE signage is approved. Items to be completed: 1. Remove two large concrete pieces from within the stream buffer 2. Repair one stringer for the split rail fence 3. Complete fence surrounding the storm drainage pond, including gate. These items are close to completion. I noticed that the birdcage structure is not secured with a lock, and wanted to advise you to request that this be part of a punch list for the inspector. Thank you. h:\division.s\develop.ser\dev&plan.ing\jth\memos\elmhurst landscape inspection memo. doc I BUREAU VERITAS December 16, 2005 Mr. Mike Merlino GARY MERLINO CONSTRUCTION COMPANY, INC. 9150 Tenth Avenue South Seattle, Washington 98108 FINALLETIER ELMHURST PLAT RENTON, WASHINGTON Project No. E·11251·2 References: Earth Consultants, Inc. Geotechnical Engineering Study E-11251, dated August 30,2004 Earth Consultants, Inc. Detention Pond Construction Letter E-121251-2, dated September 15, 2005 Dear Mr. Merlino: Earth Consultants, Inc. Geotechnical Services Department As requested, Earth Consultants, Inc. (ECI) is providing this final letter for the earthwork construction at the Elmhurst Plat. ECI previously provided the referenced geotechnical engineering study for the project, and provided geotechnical observation of the grading and earthwork during the construction of the plat. Earth Consultants, Inc. A BIIl'eUll Veriras Camp/my 1805 136lh Place, N.F_, Suite 201 Bellevue. WA 98005 Main; (425) 643-3780 fax; (425) 746-0860 GARY MERLINO CONSTRUCTION COMPANY, INC. December 16, 2005 PLAT ROADWAYS E-11251-2 Eel representatives observed the removal of unsuitable organic materials from Northeast 2nd Lane and Anacortes Place Northeast to firm native soils and replacement with suitable structural fill soils. The fill material was placed in lifts and compacted to at least 95 percent of the maximum dry density per ASTM 01557. The plat's other roadways were observed to be constructed upon either competent native soils or compacted structural fill soils. Eel representatives observed the backfill of utility trenches in the roadways. Density tests indicate that the backfill soils were compacted to at least 95 percent of the maximum dry density per ASTM 01557. Eel's representative observed a proofroll of the curb and gutter subgrade and the roadway surface. The contractor repaired soft or unstable areas to provide a firm and unyielding subgrade. Based on our observations during construction, the plat roadways are constructed of suitable native soils or compacted structural fill soils. An Eel representative observed the placement of crushed rock on the prepared roadway subgrade and tested the 2 inches of asphalt that was placed on November 2, 2005. Testing indicated the asphalt was compacted to at least 95 percent of the provided Rice value of 151.6 pounds per cubic foot. DETENTION POND Eel previously provided the referenced letter dated September 15, 2005, for the detention pond construction. FUTURE LOTS Eel representatives observed the excavation of a test pit on each lot. The existing fill soils were density tested with a nuclear density gauge tested to confirm that the soils were adequately compacted. Unsuitable soils were removed and replaced with structural fill. Density testing of the soils indicates compaction of at least 95 percent of the maximum dry density per : ASTM 01557 in the areas tested. Earth Consultants, Inc. A Bureau Veritas Company Page 2 GARY MERLINO CONSTRUCTION COMPANY, INC. December 16, 2005 CLOSURE E-11251-2 Based on our observations during construction, the plat has been constructed in accordance with the recommendations in our referenced report. We trust this information meets your needs. If you have any questions, please call. Respectfully submitted, EARTH CONSULTANTS, INC. WXPiREs 02~O Z I Kristina M. Weller, PE Manager of Geotechnical Services KMWllap Attachments: Field Reports #1 through #23 Distribution: Road Construction NW Attention: Mr. Gordon Lee Halinen Law Offices, PS Attention: Mr. David Halinen Earth Consultants, Inc. A Bureau Veritas Company Page 3 BUREAU VERITAS EMAIL Earth Consultants, Inc. REGARDING: Elmhurst Plat FROM Name: Kristina M. Weller Email: kristina.weller@us.bureauverttas.com If you do not receive all of this PDF or have any questions, please call (425) 643-3780. cc: Mr. Gordon Lee gordon@rcnw.com Original copy to be mailed? Yes 0 No 0 cc: Job #:E-11251-2 Date:Dec. 16,2005 TO Name: Mr. David Halien Company: Halinen Law Offices, PS E-Mail: davidhalinen@halinenlow.com This E-MAIL i. intended solely for the use of the individual to whom it is addressed and may contmn infonnation thati. privileged, confidentiol, or otherwise exempt from disclosure under applicable law. If the receiver of this E-MAIL i. not the intended recipient or the employee or agent respon.ible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distnbution, or copying of this communication is strictly prohibited. Earth Consultantl, Inc. ABtmmt VnilasCDfllptI1{y 1805 136th Place, N.E., Suite 201 Bellevue, WA 98005 Tel: (425) 643-3780 Fax: (425) 746-0860 Toll Free: (888) 739-6670 · Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to ELMHURST HOMEOWNERS ASSOCIATION alan WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 7/1512005 UBI Number: 602-521-663 APPID: 367889 Given under my hand and the Seal or the Slate of Washington at Olympia, the State Capital Sam Rc.cd. Secretary of Shale "" , PIuse " ... Nr OIT'tPE 1I'I .... 1nIc " SIgn. dIfa end I'IIUrn CIIWfIeI .... _ --..... IIWiIPLICATION TO FORM A FILED ROFIT CORPORATION / ..... -.-.... ,.., FEB: $30 "'1IIn1~~ __ "" ••• __ ",,,,,,,, ,July15,200S .......... -........ ~ ETARY OF STATE SAM REED . ...-........ ' CORPORATIONS DM8~ 505 E. UMION • PO BOX 4OZ3' OlYMPIA. WA. ~ STATE OF W.~IIIIl.elf-:----T--~:':'-==~-:'-:''''''''''''''''' RID; , WI: 602 521 6 • ...... IOlncIudllIIIIIa ..... eMcb IhauId be 1IIIId. ~ D "Searetafy ~ ..... • 1'OR'fAIm...-. .............. S tt~ JZ.IZ I JLI M PI-/; /Z. AR11CU!8 OF INCORPORATION NANflOF ..., .... , ...... ..., • .,. 11M·.~·cr~·_ ... --. • .,....~ .... COAPC'lRATIQH ~·~-ELMHuRsT~~~~S ASSOCIATION =~ (8pet:IIetI.-... .. ,.., ..... .,.....,,....rI.,.Ib:tmn..,. .. ~Of_' INcDlU'ORA.11(It.I o SpedIIc DIlle: . , .raupon ~ br!hl ~Gf saa. TeJU,tQF f"**-.... ..., IEXI&'niJa J:irPerp.lual 0 Years O'INIt .... __ OfyM81 PURPoSe FOR WHOilH& NONPROFrr C()RPC::IAAlICIH 1$0ItGANIZI0: ".~ ..." ....... ~ rtome OwnM"~ .!rs,sociati vn IN TlIE MIlT OF A YOLUfTAA'fDISoSCIWTIOH. 1\£ IIIeT ~ WILL &I; OJmaIUJa)At FOU.OWS:"'~ IIID"""""~) SEE ATTACHED NMlI! ANO AOORI:U cw WIoSHINOTON STA~ AECi/8TIit£I) ~EHT ~ M lett" E L '1, FE ~f J? B 0 IZ. "'_ sn.c ...... ~t)C; E Mte~'EJG ~ ft.fNr P08aIr ~-~ .. .,UllfCll)'_...,.....,--------'l1P,...",.. .... ...,ZlPj, ____ _ ~ ______________ Qr ___ -___ .... _lJII ____ _ NAMESANDADI:)AIFS9F'OI"EAOfINeoilU'OAATOA(II~ ..... ,...,.........,...., ....... ",.."IId8tIIIIf~/C1f7 NIIIII! M Ie 11&?k "J. F E~g BORN AII_IM2-IG E.. r11~~R. c~ Kfl'll "'~ZIP qfJO.2~ 81GNA'tUIE 01" ,NCCRPOAATOR , nQ ............ ".,.", ........... COAPORAT10N$ INItORMA'l1OM NIO A881STANctI-380na.T11. ('n)D -~'0I7U-1488) •• o ~ o II • , ' , I C • U • • : L y , • ~ • , c • ~ • o II L Y -..... ARTICLES OF INCORPORATION OF ELMHURST M.J.F Holdings, Inc., acting as Incorporator of a Corporation under the provisions of the Washington Non-Profit Corporation Act (RCW Chapter 24.03), does hereby adopt and certify the f~lIowing Articles of Incorporation: I. NAME The name of the corporation shall be ELMHURST Homeowners Association (Association). II. PURPOSES AND POWERS The purposes for which this corporation is formed are: a) To establish, maintain, operate and control facilities for the amusement, recreation, health and welfare of the members of the Association. b) To own, purchase or otherwise acquire, construct, improve, develop, repair, operate, regulate and maintain and/or dispose of the common areas, streets, roadways, easements, parkways, recreational areas, footways, water system utilities, and in general, community improvements appropriate for the use and benefit of its members. <0, ' (c) To acquire by gift, purchase, lease or otherwise, and to own, hold enjoy, operate, maintain and to convey, sell, lease, transfer, mortgage and otherwise encumber, dedicate for public use, and/or otherwise dispose of real and/or personal property or any interest therein. (d) To fix, establish, impose, levy and collect such fees, dues, charges and/or assessments as may be necessary in the judgement of the Board of Directors, to carry out any and all of the purposes for which this corporation is formed. e) To expend the moneys collected by this Association from assessments, fees, dues and charges and other sums received for the payment and discharge of costs, expenses and obligations incurred by this corporation in carrying out any or all of the purposes for which this corporation is formed, including the payment of taxes or assessments which may be levied by any public authority. f) To borrow money and mortgage, pledge or hypothecate any and aU real or personal property of this corporation as security for money borrowed or debts incurred; to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members. g) To make contracts and incur liabilities. h) To grant easements, leases, licenses, and concessions through or over the Common Areas, and petition for consent to the vacation of streets and alleys. 1 • i) To participate in mergers and/orconsolidations with other non-profit corporations organized for the same purposes, or annex additional residential property and common areas. j) To make donations for the public welfare or for charitable, scientific or educational purposes. k) To institute, defend or intervene in litigation or administrative proceedings in its own on behalf of itself or two or more Lot Owners on matters affecting the Association. I) To exercise all other necessary, desirable or useful powers described in RCW 24.03 and RCW 64.38 (or as amended) in carrying out the objectives of this corporation. m) The objectives of the corporation shall be construed both as purposes and powers, and their enumeration shall not be construed to limit or restrict in any manner the general powers of the corporation, nor shall the expression of anyone thing be deemed tQ exclude another not so expressed. II. DURATION The corporation shall continue in perpetuity or until dissolution pursuant to law. , . III. BYLAWS The property. voting and other rights and privileges. and liabilities for charges and assessments of the members shall be set forth in the Bylaws of the Association. IV. NON-PROFIT PURPOSE The Association is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes, and no part of any net earnings thereof shall inure to the benefit of any member or any other individual. V. DIRECTORS The management of the corporation shall be vested in the Board of Directors; the number, qualifications. manner of election. period of service. time and place of meeting, and powers and duties of directors shall be such as prescribed by the Bylaws of the corporation. The number of directors constituting the initial Board of Directors is FOUR. The name and addresses are; (1). Michael J. Feuerbom, 215 East Meeker. Kent, WA 98032 (2). Amy K. Feuerborn. 215 East Meeker. Kent WA 98032 (3). Walter W. Babb. 215 East Meeker. Kent WA 98032 (4). Shem L. Rimpler. 215 East Meeker. Kent WA 98032 I' The members of the initial Board of Directors shall hold office for a period of one year or until their successors are ejected and take office in the manner prescribed in the Bylaws. VI. DISSOLUTION In the event that this Association is dissolved by voluntary action or otherwise, the net assets of the Association shall be distributed to the members of the Association in the same proportion as their then existing ownership of membership of this Association, as set for the in the Bylaws. VIII. INCORPORATOR The name and address of the Incorporator of the corporation is Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. VII. REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation shall be 215 East Meeker, Kent, WA 98032. The name of the initial registered agent of the corporation at such address shall be Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. I IN WITNESS WHEREOF, the under signed, being the Incorporator of the corporation, has on this ~ day of ~ lCX)~ hereunto set Hs hand and seal in duplicate. STATE OF WASHINGTON COUNTY OFK IIUq ) ) ss. ) I certify that I know or has satisfactory evidence that HteJflt1€LJ EeL{ex.d()t/) is the person who appeared before me, and said person acknowledged that he/she Signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the e..!4S· of. C:?..J..{ lIt...ut..:~"1 1k»K.C/JW.0G7l.;5 AsS<Jun7fGYL to be the free and voluntary act for the uses and purposes mentioned in the instrument. DATED this I c./ day of Ju /""'-1 ' 200)-: """'\,'~'''''''\'' .......... ~\L.Rllt,f.l~.t ~ : .. ~~ .......... J() I, . A. _ .J f cf .. ·~'OS\ON i.t.... I" ::!:;;;:;:;;~~~~-=-~ _____ _ ; ... ~ OTA '\-.. ' .. i fCJ ~ _ • .!y ~1 1 V/1~ L. ~/rlP~ (Name) ~ <A ~ PUBL\C l £ NOTARY PUBLIC, in and for the state of Washington, \""" ... ~! residing at: e:::£Jf::>a'lJooll ",~ ~~~:~9:.~~··;c§-./ My Commission Expires: 09·30·0:)-"1" F WASV.~ .. ~~ ,,',"""", ...... ·:R Kathy Keolker-Wheeler, Mayor November 10, 2005 David Halinen Halinen Law Offices, P.S. 2115 N. 30th St., Ste. 203 Tacoma, W A 98403 CIT,r DF RENTON City Clerk Bonnie I. Walton Re: Elmhurst Final Plat, File No. LUA-05-090, FP Dear Mr. Halinen: At the regular Council meeting of November 7,2005, the Renton City Council approved the referenced final plat by adopting Resolution No. 3779. A copy of the resolution is enclosed for your files. If I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure cc: Mayor Kathy Keolker-Wheeler Council President Terri Briere Julianna Fries, Development Services Division Gary Merlino Construction Co., Inc, 9125 10th Ave. S., Seattle, 98108 M.1.F. Holdings, Inc., 215 East Meeker, Kent, 98032 -1-=-0-55=-S=-o-u-:""th-=G=-ra-d:-y-=W.-a-y -:-R=-e-n-to-n-, W:-a-sh-i-ng-to-n-9-8-0-5S---(4-2-S)-4-3-0--6S-1-0-' F-:A.X-(-42-5-) 4-3-0--6-S1-6-R E N TON * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ~ I CITY OF RENTON, WASIllNGTON RESOLUTION NO. 3779 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ELMHURST; FILE NO. LUA-05-090FP). 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 Planning/BuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the Planning/BuildinglPublic 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 of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASIllNGTON, DOES ORDAIN AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTIONll. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereofas iffully set forth 1 RESOLUTION NO. 3779 (The property, consisting of approximately 9.6 acres, is located in the vicinity of Bremerton Avenue NE, north ofNE 2ad Street) 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 18, 2005. PASSED BY THE CITY COUNCIL this 7 t h day of __ N"-'-o.::....v..;....e;;:..:ID;::...;;b:;.....:e::....;:r'----', 2005. Bonnie l Walton, City Clerk APPROVED BY THE MAYOR this 7 th day of __ .:..:.N..=..o-'-v-=..eID=.:::...be-=..r:::...-.... __ ----:>, 2005. £«1h~-uJ~ Kathy Keolker-Wheeler, Mayor ~ .. tofonn: ~~<;)7AJ~ Lawrence 1. Warren, City Attorney RES. 1141: 10119/05:ma 2 Exhibit A Resolution No. 3779 Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 515B. A COpy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. I K Exhibit A Resolution No. 3779 ELMHURST Vicinity Map h I---\ f- W z Q/ > « !-z -0 ~ H z ~r---: -LL \ 1 NOT TO SCALE NE 6TH ST w Z > NE 5TH ST « -.J -.J « > NE 4TH ST :::J 0 W Z W > en « W Z > SITE o « --.J I-____ 0: I W l- L co l_/ W (T) 0:""'" -m I [ 7? '- ~ W z -> « L « H :::J CJ 0 I W en W > « I I- '<;j '<;j .,...., - -~ 5E ~36TH ST \ L-- 33701 9th Avenue South Federal Way, WA. 98003 Pointe (253) 661-1901 Surveying November 7, 2005 RESOLUTIONS AND ORDINANCES Resolution #3779 Plat: Elmhurst, Bremerton Ave NE, FP-05-090 Resolution #3780 Utility: WRIA 8 and WRIA 9 Interlocal Agreement Extensions, CAG-Ol-004 & CAG-Ol-OO5 NEW BUSINESS Council: 2006 Council President Election (Corman) & Council President Pro Tern Election (Nelson) ADJOURNMENT Recorder: Michele Neumann November 7, 2005 Renton City Council Minutes Page 385 The following resolutions were presented for reading and adoption: A resolution was read approving the Elmhurst Final Plat; approximately 9.6 acres located in the vicinity of Bremerton Ave. NE, north of NE 2nd St. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to execute an extension of the interlocal agreements among participating jurisdictions with the GreenlDuwamish and Central Puget Sound Watershed Resource Inventory Area (WRIA 9) and the Lake Washington/Cedar/Sammamish Watershed Resource Inventory Area (WRIA 8). MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Council President Briere opened nominations for 2006 Council President and Council President Pro Tern. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ELECT COUNCILMAN CORMAN AS COUNCIL PRESIDENT FOR 2006 AND COUNCILWOMAN NELSON AS COUNCIL PRESIDENT PRO TEM FOR 2006. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADJOURN THE COUNCIL MEETING AND START COMMITTEE OF THE WHOLE AT 7:25 P.M. CARRIED. Time: 7: 12 p.m . .f&nundkA .J. WaU;,nv Bonnie I. Walton, CMC, City Clerk November 7, 2005 Release of Easement: Robert West, Lake WA Blvd N & Wells Ave N, RE-05-001 Lease: Renton Housing Authority, Edlund Property House Plat: Elmhurst, Bremerton Ave NE, FP-05-090 ---~- Development Services: Baxter Meadow Short Plat, ROW Dedication, NE 18th Circle Development Services: Urban Craft Mixed Use Development, ROW Dedication, Olympia Ave NE Annexation: Perkins, SE 95th Way & 128th Ave SE EDNSP: Neighborhood Program Standards Human Resources: Police Officers Guild Non- Commissioned Employees & Firefighters Local 864 Battalion Chiefs Labor Agreements Utility: System Development Charges, Annexation Fee WSDOT: 1-405 to SR-169 Off- Ramp Alignment Utility: Central Plateau Interceptor Phase II, Roth Hill Engineering Partners Renton City Council Minutes Page 383 City Clerk submitted request for partial release of easement by Robert West, 3904 Park Ave. N., Renton, 98056, for property located between Lake Washington Blvd. N. and Wells Ave. N. at N. 37th St. Refer to Utilities Committee. Community Services Department recommended approval of a five-year lease with the Renton Housing Authority for a house on the City-owned Edlund , property located at 17611 103rd Ave. SE. Refer to Finance Committee. Development Services Division recommended approval, with conditions, of the Elmhurst Final Plat; 64 single-family lots on 9.6 acres located at 201 Bremerton Ave. NE (FP-05-090). Council concur. (See page 385 for resolution.) Development Services Division recommended acceptance of a deed of dedication for additional right-of-way to include a cul-de-sac as part of the NE 18th Circle street extension from Duvall Ave. NE to fulfill a requirement of the Baxter Meadow Short Plat (SHP-03-088). Council concur. Development Services Division recommended acceptance of a deed of dedication for additional right-of-way along Olympia Ave. NE and NE 4th St. to fulfill a requirement of the Urban Craft Mixed Use Development (SA-03- 035). Council concur. Economic Development, Neighborhoods and Strategic Planning Department submitted 10% Notice of Intent to annex petition for the proposed Perkins Annexation, and recommended a public meeting be set on 1112112005 to consider the petition; 15.1 acres located south of SE 95th Way and east of 128th Ave. SE (if extended). Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended adoption of standards for being an officially recognized neighborhood in Renton's Neighborhood Program. Refer to Community Services Committee. Human Resources and Risk Management Department recommended approval of the Renton Police Officers' Guild Non-Commissioned Employees and the Renton Firefighters Local 864 Battalion Chiefs labor agreements for 2006- 2008. Council concur. Utility Systems Division recommended approval of the 2006 System Development Charges for water, wastewater, and surface water utilities, and adoption of a $2,500 Annexation Fee to be implemented on 11112006. Refer to Utilities Committee. Utility Systems Division recommended concurrence with the Washington State Department of Transportation regarding the proposed alignment of the northbound 1-405 to SR-169 off-ramp and future widening ofI-405. Refer to Utilities Committee and Community Services Committee. Utility Systems Division recommended approval of a contract with Roth Hill Engineering Partners, LLC, in the amount of $258,599 for design and permitting of the Central Plateau Interceptor Phase II project. Refer to Utilities Committee. C ___ OF RENTON COUNCIL AGEND. LL I AI#: '1. e ... Submitting Data: Planning/Building /Public Works For Agenda of: November 7,2005 Dept/Div/Board .. Development Services Division Staff Contact. ..... Juliana Fries x:7278 Agenda Status Consent .............. X Subject: Public Hearing .. ELMHURST FINAL PLAT Correspondence .. File No. LUA 05-090 Ordinance ............. 9.6 acres located at the west side of Bremerton Ave X NE and north of NE 2nd Street. Resolution ............ Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and recommendation Information ......... Recommended Action: Approvals: Legal Dept ........ . x Council concur 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 referenced final plat is submitted for Council action. Elmhurst divides 9.6 acres into 64 single-family residential lots with water, 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 will be met prior to recording of the plat. STAFF RECOMMENDATION: 1. Approve Elmhurst Final Plat, LUA 05-090, FP, with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. CITY OF RENTON, WASHINGTON RESOLUTION NO. --- A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ELMHURST; FILE NO. LUA-05-090FP). 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 PlanningIBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanninglBuilding/Public 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 waysf 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, W ASIDNGTON, DOES ORDAIN AS FOLLOWS: SECI'IONL SECTIONR. The above findings are true and correct in all respects. 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 hereofas iffully set forth 1 RESOLUTION NO. __ _ (The property, consisting of approximately 9.6 acres, is located in the vicinity of Bremerton Avenue NE, north ofNE 2M Street) 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 18, 2005. PASSED BY THE CITY COUNCIL this ___ day of _____ ~...---:>, 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of ________ --', 2005. Kathy KeoIker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1141:10/19/05:ma 2 Exhibit A Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING OESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNOER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECOROED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A copy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 ANO 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECOROED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTK RANGE 5 EAST. W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; ANO EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. , If Exhibit A ELMHURST Vicinity Map Ii f-\ f- w z Q, > « ZV l-I-----0 ~ H I~~ k-L \ 1 NOT TO SCALE w NE 6TH ST z w -> Z « > L NE 5TH ST « « H -.l ~ -.l CJ « 0 > :r: NE 4TH ST :::J 0 W Z W W > UJ UJ « w w z > > SITE o « ---.l « f-----IT :r: I W f-f- L CD "<:j Ll W (T) "<:j IT'" -." m - [ ~) ( ..------- .§E ~36TH ST ~ '------ \ t Centre 33701 9th Avenue South • Federal Way. WA. 98003 ~ P · t (253) 661-1901 ~ ...-Oln e S' ~e. ~ Surveying DEVELOPMENT SERVICES DIVISION BUILDINGIPLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: David Hanlinen Elmhurst Final Plat. File: LUA 05-090FP 201 Bremerton Ave NE Section 15, Twp. 23 N., Rng 5 E. Final Plat for 64 single-family residential lots with water, sanitary sewer, storm, street and street 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, David Halinen, filed a request for approval of Elmhurst, a 64-10t Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEP A) 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 on Non-Significance-Mitigated on February 8, 2005 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 201 Bremerton Ave NE. The new plat is located in Section 15, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of3 parcels totaling 9.6 acres. 7. The Preliminary Plat (LUA-04-162) was approved by the City of Renton Council on April 25,2005. 8. The site is zoned Residential 10 DUlAC (R-I0). 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 complied with the conditions imposed by the ERC: 1. A Geotechnical Engineer shall determine the suitability of the existing on-site fill prior to its use on-site. The satisfaction of this requirement shall be reviewed and approved by Development Services during construction. The Geotechnical Engineer has been submitting field reports with soils conditions and its suitability for use. In addition the Geotechnical Engineer will certify all fill used prior to recording of the plat. 2. At the time of building permits, additional geotechnical studies addressing the suitability of site soils for use as structural fill shall be prepared and submitted. The satisfaction of this requirements shall be reviewed and approved by Development Services. At the time of building permits, additional geotechnical studies addressing the suitability of site soils will be submitted. 3. The applicant shall comply with the "Geotechnical Engineering Study" prepared by Earth Consultants, Inc., dated August 30, 2004, regarding "Site Preparation and General Earthwork" and "Utility Support and Backfill". The satisfaction of this requirement shall be reviewed and approved by Development Services during construction, utility work and building construction. The Geotechnical Engineer has been submitting field reports with soils conditions and its suitability for use. In addition, the Geotech engineer will certify compaction and fill materials prior to recording the plat. 4. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Storm water Management Manual. The project design and construction comply with the DOE requirements for Erosion and Sediment Control. 5. All contractors are to be made aware of the potential presence of environmental contaminants and instructed to notify the property owner immediately if discolored, odiferous, or otherwise suspect soil is encountered during excavation activities. The applicant has made all the project contractor's aware of the potential presence of environmental contaminants and instructed them to notify the property owners immediately if discolored, odiferous or otherwise suspect soil is encountered during excavation activities. 6. If suspected soil is encountered during excavation activities, work in these areas is to be stopped until such time as a qualified environmental professional can assess the observed conditions and recommend corrective measures. The applicant has made all the projects contractor's aware that, if suspected soil is encountered during excavation activities, work in those areas is to be stopped until such time as a qualified environmental professional can assess the observed conditions and recommend corrective measures. 7. If the presence of environmental contaminants is confirmed within the suspected soils at concentrations exceeding applicable MTCA cleanup levels, then (a) those soils are to be handled and managed in accordance with MTCA and (b) the work will be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance with MTCA. The applicant has made all the projects contractor's aware that, if the presence of environmental contaminants is confirmed within suspected soils at concentration exceeding MTCA cleanup levels, then (a) those soils are to be handled and managed in accordance with MTCA and (b) the work will be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance withMTCA. 8. This project shall be subject to the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 -for detention and basic water quality. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. The fee shall be paid prior to the recording of the final plat. The Fire Mitigation Fee will be paid prior to recording of the plat. 10. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit will be given for the existing three residences. The fee shall be paid prior to recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 11. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot. Credit will be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. The Parks Mitigation Fee will be paid prior to recording of the plat. 12. Evergreen and deciduous trees (i.e. Douglasfir, western hemlock, and big leafmaple) shall be planted on 15-foot centers within the 25-foot wide buffer along the east side of the stream. Two-gallon size tree stock shall be used. Planting should occur in the fall to allow plants to develop roots over the winter. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. Landscape plans for the planting along the buffer area have been submitted, reviewed and approved by Planning. The planting will be completed prior to recording of the final plat. 13. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the development Services Division and completed prior to the issuance of construction/utility permits. The applicant has had the site work contractor install silt fencing with brightly colored construction flags to indicate the boundaries of the stream buffer. 14. After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e. split-rail fence or other approved barrier) and signage along the entire edge of the streamlcreek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to recording of the final plat .. Landscape plans including the fencing installation were submitted, reviewed and approved by Planning. The fence and signage along the edge of the stream/creek buffer will be installed prior to recording of the plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with the conditions imposed by the ERe. The applicant complied with the ERe conditions, as outlined above. 2. The applicant shall have to demonstrate that the on-site fill materials are suitable for foundation support. The Geotechnical Engineer has been submitting field reports with soils conditions and its suitability for use. Additional certification will be submitted at time of building construction permits. 3. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The buildings were demolished and removed from the site. 4. All lots within the plat shall be required to have a minimum of one new approved tree, with a minimum caliper of 1-1/2 inches (deciduous) or 6-8 feet in height (conifer), and shrubs (or equivalent) planted within the front yard. The applicant shall be required to set forth a restriction on the final plat stating this requirement. Each application for a single family building permit shall include a plan noting the location and type of plant materials within the front yard. All front yard landscaping shall be planted prior to final building permit inspection. The satisfaction of this condition is subject to the review and approval of the development Services Division Project Manager. A note on the face of the plat makes reference to the tree requirement within the front yard. At the time of building permit, the Building department will ensure the trees are planted and the condition has been met. 5. The right-ol-way for Bremerton Ave NE along parcel #518210-0042 (327 Bremerton Ave NE) shall be dedicated prior to the recording of the Elmhurst Final Plat. The satisfaction of this requirement is subject to the review and approval of the development Services Project Manager prior to recording of the final plat. A modification of this condition was granted on June 7, 2005 to allow the dedication of right-of-way by the time the parcel to the north develops (currently under construction). The applicant has installed pavement in the existing right- of-way to meet emergency access requirements and domestic access needs. 6. 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 to the 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. A Homeowners Association was filed with the State of Washington Secretary of State's Corporation Division on July 15, 2005. The Declaration of Covenants, Conditions and Restrictions was reviewed and approved by Development Services and the City Attorney, and includes the maintenance responsibilities. 7. Tract A shall be fenced, landscaped, and irrigated (unless drought tolerant plants are used). The property lines of Tract A fronting Road A, lot 22 and 23 shall include a landscaped visual barrier so as to not interfere with sight distance triangles including plant materials which would provide a year-round dense screen within three (3) years from the time of planting. Also, the property lines along Lots 22 and 23 shall be fenced with a six-foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road A shall be fenced with either a wrought iron, or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifoing construction and plant materials for the review and approval of the development Services Project Manager prior to installation. Fences and landscaping shall be installed prior to recording of the final plat. A landscaping plan embodying all of the design requirements has been submitted for review and approval. All of the required Tract A fencing and landscaping shall be installed prior to recording of the final plat. CONCLUSIONS 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: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED TIDS 18th DAY OF OCTOBER, 2005 cc: Kayren Kittrick LUA-05-090-FP SERVICES DIVISION Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 515B. A COpy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ DF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTDN AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; ANO EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COpy OF WHICH IS RECORDEO UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. W z > <I: Z 0 H Z :J NOT TO SCALE ELMHURST Vicinity Map w NE 6TH ST z w > Z <I: > L NE 5TH ST <I: <I: H NE ...J :J ...J CJ <I: 0 > I 4TH S :J 0 W Z W W > UJ UJ <I: W W > Z > SITE 0 <I: ---.l <I: f- 0: I I W f-f- L CD 't W (T) 't 0: .,...., -.,...., CD SE 136TH ST t Centre 33701 9th Avenue South I) Federal Way, WA. 98003 ~ P · t (253) 661-1901 ~ ~ Oln e "0 s ~ Surveying I ... 14 ELMHURST Plat Map 13 12 11 10 9 8 7 4 3 2 1 , -Ii ---/ -------· , : 1--1-5--L--+!:.::c~, (, ~~ -~~:~~~-~;=;=4~-" J 1---_;_:_-+-I"'''j56 57 58 59 60 "I" 40 43 i ,: I I 11 I:: 6: I :: :: II , ,I 18 \ 63 ) " 37 46 .: I ~ll " ~ , 47, ~ \ / !~,' I ~~I I , , '<C: \ ' tl ' :C:~1 \ ';'il ~'~~I I , :-<:, ~ I 49 , ~, 34 33 32 31 MI I , "" .,. "'" , 30 \7' ~ \ '" '-,_ ,," f \ ,............. . ---~y I "-------~.~ --j \ \ TRACT A '~_~!!.E. 2NP LN. ____ :. L \ ~';\ \ ----,--,--_______________ ~ '= __ ' __ \ 1'\ • ..s> '"'' 25 \ , " 23 24 26 27 28 29 r ~ " '- NOT TO SCALE ~ Centre 33701 9th Avenue South • Federal Way, WA. 98003 ~ P · t (253) 661-1901 ~ ~ .--Oin e J' s ~e, ~ Surveying October 10, 2005 CONSENT AGENDA CounciLMeeting Minutes of 10/312005 Court Case: Estate of James Frederick Brutsche, CRT -05- 012 Development Services: Deferral of Street Improvements Plat: Cherie Lane, S 35th St & Wells Ave S, FP-05-073 Development Services: Ridgeview Court & Elmhurst Plats, ROW Dedication, Bremerton Ave NE Annexation: Mosier II, 140th Ave SE & SE 136th St Human Resources: Police Officers Guild Commissioned & Local 864 Firefighters Labor Contracts WSDOT: Renton Hill Access Concurrence Letter UNFINISHED BUSINESS Transportation: Bus Rapid Transit Renton City Council Minutes Page 347 Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 10/312005. Council concur. Court Case filed on behalf of the Estate of James Frederick Brutsche, et al by John R. Muenster, 1111 3rd Ave., Suite 2220, Seattle, 98101, pertaining to a police drug raid on the Brutsche family property located in the City of Kent on 711012003. Refer to City Attorney & Insurance Services. Development Services Division recommended approval to replace the option for deferral of street improvements for short plats with participation in fee-in- lieu-of deferred street improvements. Refer to Transportation (Aviation) Committee. Development Services Division recommended approval, with conditions, of the Cherie Lane Final Plat; 16 single-family lots on 4.98 acres located at S. 35th St. and Wells Ave. S. (FP-05-073). Council concur. (See page 349 for resolution.) Development Services Division recommended acceptance of a deed of dedication for additional right-of-way on Bremerton Ave. NE to fulfill requirements of both the Ridgeview Court Plat (PP-04-131) and the Elmhurst Final Plat (FP-05-090). Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on 10/24/2005 to consider the proposed Mosier II Annexation and future zoning of the site, the boundaries of which were expanded from 31.24 to 65 acres. The site is located between 140th Ave. SE and Lyons Ave. NE, north of SE 136th St. Council concur. Human Resources and Risk Management Department requested approval of the Renton Police Officers' Guild Commissioned Unit and Renton Firefighters Local 864 labor agreements, each for three years (2006 to 2008). Council concur. Transportation Systems Division recommended concurrence with the Washington State Department of Transportation regarding Renton Hill access. Refer to Transportation (Aviation) Committee. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Councilman Corman reported on the Eastside Transportation Partnership's (ETP) recommendation for Sound Transit Phase 2 (ST2), in particular the issue of 1-405 Bus Rapid Transit (BRT). He explained that prior to a recent ETP meeting, BRT was not an element of ST2, and thanks to the work of City staff and elected officials, ETP was successful in the listing of the BRT stations and capital improvements on the ST2 plan for evaluation by Sound Transit. Councilman Corman gave a briefing on BRT, highlighting characteristics of the bus, including its low floor design, configuration, capacity, and precision docking capability. He noted BRT's streamlined fare collection system, and the queue jump lanes and transit signal priority, which allows BRT to bypass queues of general-purpose vehicles at intersections and to extend the signal green time or reduce the signal red time at intersections. Mr. Corman displayed conceptual drawings of the park and rides and inline stations, and drawings of the potential alignment of this transit service. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: DeptlDivlBoard .. Staff Contact.. .... Subject: PlanningiBuildinglPublic Works Development Services Division Carrie K. Olson x7235 For Agenda of: October 10, 2005 Agenda Status Consent.. .......... .. Public Hearing .. Acceptance of additional right-of-way for the Ridgeview Correspondence .. Ordinance ............ . Court Plat LUA-04-131. Resolution .......... .. Exhibits: Deed of Dedication Exhibit Map Vicinity Map Hearing Examiner's Reports Recommended Action: Council concur Fiscal Impact: N/A Expenditure Required .. . Amount Budgeted ...... . Total Project Budget SUMMARY OF ACTION: Old Business ...... .. New Business ...... . Study Sessions .... .. Information ......... Approvals: Legal Dept.. ...... . Finance Dept.. .. .. Other ............. .. Transfer/Amendment.. .... . Revenue Generated ........ . City Share Total Project. x x X Accept dedication of an additional l7.5 feet of right-of-way for the widening of Bremerton Avenue NE located on the eastern boundary of the Ridgeview Court Plat, LUA04-131, property. This dedication is a condition of the plat, which was approved by City Council on May 9, 2005. The dedication of this right-of-way fronting Ridgeview Court is also a condition for the recording of the Elmhurst Final Plat, LUA05-090, which abuts the Ridgeview Court property to the south. In an effort to coordinate the construction of these developments and to meet the conditions of these two final plats, Council acceptance of said right-of-way is requested. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. C:\Documents and Senings\mneumann\Local Senings\Temp\Ridgeview Court Plat 03m AGNBILL.doc , Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 DEED OF DEDICATION Project File #: Property Tax Parcel Number: 518210-0042 Street Intersection: Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): 1. Rid eview Court L.L.C. 1. Ci of Renton, a Munici al Co oration LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) The East 17.50 feet of the following parcel. The south half of the east half of the northeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT all coal and mineral rights as contained in reservation of record, and known as a portion of Tract 4, of Martin's Acre Tracts, EXCEPT the east 7.5 feet of the said tract The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box Grantee(s): City of Renton STATE OF COUNTY OF Mayor City Clerk ) )SS ) I certify that I know or have satisfactory evidence that &tee+ J::>. u...'\Q~?-\ is the person who appeared before me and said person acknowledged that be.. signed this instrument, on oath stated that n,€ was authorized to execute the instrument and acknowledged it as the Met t-J% er of . e.u\€ (I::\- ")Q , to be the free and voluntary and purposes mentioned in the instrument. (Signature) ~~ Print Notary Name: f'C\\~ ...... L C)CC\C Ice Residing at:\3.eAro~ C'\ wft My appointment expires: __ ~ __ ' _d-_' __ . ...;;O:::..-1S-=-___ _ Exhibit A Legal Description THE EAST 17050 FEET OF THE FOLLOWING PARCEL. THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WoMo, IN KING COUNTY, W ASlllNGTON; EXCEPT ALL COAL AND MINERAL RIGHTS AS CONTAINED IN RESERVATION OF RECORD, AND KNOWN AS A PORTION OF TRACT 4, OF MARTIN'S ACRE TRACTS, AN UNRECORDED PLAT; EXCEPT THE EAST 705 FEET OF THE SAID TRACT. ~. EXHIBIT MAP . N88'06'17"W 316.02' J ~ , 17.50' DEDICA TlON----- 0 . .10 10 I I I 1 INCH -10 30' 30' i0 o o t') tf)iw 10 ,~ 18 z 1 I .-I.. ____________ 3_1_6_,3_3'_~~~---..,..'--L~ N88'09'35"W 30' January 25, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: CliffWilJiams, PE PO Box 240] Kirkland, W A 98083 Ridgeview Court Preliminary Plat File No.: LUA 04-13], PP, SA-H, ECF 327 Bremerton Avenue NE Approval for Site Plan, Preliminary Plat and Code Modification for subdividing a 2A-acre site into 20 lots for development of sing]e-family dwellings. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on December 28, 2004. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as fo]Jows: MINUTES The following minutes are a summary of the January 4, 2005 hearing. The legal record is record~d on CD. The hearing opened on Tuesday, January 4, 2005, at approximately 9:00 a.m. in the Council Chambtrs on the seventh floor of the Renton City HalJ. Parties wishing to testify were affirmed by the Examiner. The foHowing exhibits were entered into the record: Exhibit No.1: YeJJow file containing the original Exhibit No.2:· Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary PJat Plan Exhibit No.4: Preliminary Site Plan Exhibit No.5: Revised Site Plan showing 26' Private· Exhibit No.6: Topography Map Access and Utility Easement Exhibit No.7: Tree Cutting/Clearing Plan Exbibit No.8: Landscaping Plan Ridgeview COllrt Preliminary pIal File No.: LUA-04-131, PP, SA-H, ECF January 25, 2005 Page 2 Exhibit No.9: Grading Plan Exhibit No. 11: Elevation Plan for Lots 5, 6, 15 & ] 6 Exhibit No. 13: Elevation Plan for Lots 3, 9 & 12 Exhibit No. 15: Elevation Plan for Lots 10& 18 Exhibit No. 17: Elevation Plan for Lots J, J J & J 9 Exhibit No.1 0: Utility Plan Exhibit No. 12: Elevation Plan for Lots 2 & 20 Exhibit No. 14: Elevation Plan for Lot 13 Exhibit No. 16: Elevation Plan for Lots 4, 7, 8, 14 & J7 Exhibit No. 18: Zoning Map The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, J 055 S Grady Way, Renton, Washington 98055. The site is located south ofNE 4th Street and to the west of Bremerton Avenue NE. Approval for site plan, preliminary plat for 20 lots on a 2.4- acre site for the eventual development of single-family dwellings. Access to this site off of Bremel1on, which will require improvements, is proposed by a public street (NE 3n1 Lane) to end in a cul-de-sac plus additional easements that will radiate from that cul-de-sac. There are no protected critical areas and it is vested to the development regulations for the Center Suburban (CS) zoning and is located in the Centers Residential Bonus District B. The zoning did change in November of 2004, however the filing for this preliminary plat was before the changes and so js vested to the CS zone. The cllrrenfzoning is CN. Two street modifications were requested and approved, one a reduced right-of-way width of 42 feet and second a reducectradius on the cul-de-sac of 50 feet. Three private access easements will extend off ofNE 3rd Lane to serve access to all 20 Jots. Lots 9 -J 3 will have rear entry garages with front of each Jot facing ea::.1 with an ] 8- foot pedestrian access to the front of those lots. The site is relatively flat with a berm located near the southeast comer of the site. There is some loose fill but has been deemed suitable for the proposed development. The site is vegetated with blackberry bushes, small deciduous and coniferous trees which are to be removed as part of the site preparation. An additional modification from the Suburban Centers Residential Bonus District B would allow greater front yard setbacks for lots 8 through 13 rather than the maximum 15 feet permitted in the CS zone. I The Environmental Review Committee issued a Determination of Non-Significance -Mitigated (DNS-M) with seven mitigation measures. No appeals were filed. The preliminary plat criteria for the Comprehensive Plan Designation was in compliance for this development. The minimum yard area provided would comply with the land area per dwelling unit. There are no minimum requirements for lot width or depth within the CS zone. All lots meet the maximum lot coverage of 65%. The proposal meets all the setback requirements. The net density of ] 2.42 dwelJing units per acre is within the allowed density range of the CS zone. Based on the building elevations provided by the applicant, the proposed residential structures would comply with, or possibly exceed the requirements of Bonus District B of the Centers Residential Overlay. There are seven elevations for this site, all are two-story with rear or side entrance garages. Landscaping, access and parking meet or exceed the requirements of the Bonus District B and are in compliance with the Comprehensive Plan. Ridgeview Court Preliminary Plat File No.: LUA-04-131, PP, SA-H, ECF January 25, 2005 Page 3 The lot arrangements as well as size, shape and orientations are all in compliance, meeting the minimum width and area requirements. The lots are at 90-degree angles, some of the structures will be facing a different direction, they seem to flow well. There will be no direct vehicular access onto Bremerton from any of the proposed lots. The applicant is required to dedicate right-of-way for the improvement for Bremerton A venue. Twenty-four feet is currently shown for the private access easement, staff has discussed this with the applicant and they are in agreement that this could be reduced to function more as a private alleyway, which allows a minimum of 16 feet in width with] 4 feet of pavement. As long as 24-feet of back out area is provided for each garage, the staff feels that the reduced width of the street will lend itselfto an alleyway residential look rather than 3plitting up the tier of lots. This also gives a larger yard area to those lots. Staff recommends the establishment of a homeowner's association or maintenance agreement for the landscaped right-of-way improvements, as well as for any shared private utilities/drainage facilities or private access and utility easements and to include the private pedestrian access easement The surrounding properties to the west, north and east are zoned CS. To the south is a proposed single-family residential development with existing si~gle-family to the southeast in R-8 zoning. Anacortes A venue NE will act as a buffer between the proposed single-family homes along the western property line and the existing commercial use (Post Office site) on the abutting property. Traffic, Fire and Park mitigation fees·were imposed by the ERe. The subject site is located within the Renton School District and they have indicated that they can handle the proposed 8 new students from the new development. The site is located within the Cedar River Basin. The applicant has submitted a Drainage Report that indicates that on-site surface water would be directed to a stormwater detention facility located in the southwest comer of the site. The drainage analysis and design of the stormwater system appears to be in accordance with the 1998 King County Surface Water Design Manual Level 2 flow control requirements. The project will require the installation of new water mains, fire hydrants, fire control systems, and meters, all to be placed within City held easements. The project would require a new sewer main along the site frontage and new sewer mains as required to serve the new single-family lots. .: In regards to the Site Plan Criteria, the project is in compliance with the policies and objectives of the Comprehensive Plan. Land use regulations with modifications are in compliance as well. The seven house plans for the 20 lots are sufficient to lend variation to the project. This site will also blend with the commercia], mixed use and transition well into the residential uses to the south. This development should not have any negative impacts to the surrounding property owners. The site does require clearing and all existing structures to be removed. Staff recommends approval of the Ridgeview Court Preliminary Plat subject to conditions. Cliff Williams, 5326 SW Manning Street, Seattle, W A 98] ] 6 stated that he is an employee of the developer and they are satisfied with the recommendations that the City has provided. Kevin Chamberlin, ] 8930 451h Place NE, Lake Forest Park, W A 98] 55, manager of the Renton Highlands Station of the US Postal Service that will be adjacent to Lots 9, 10, 11, 12, and 13. This use for that property Ridgeview Court Preliminary PIal File No.: LUA-04-131, PP, SA-H, ECF January 25, 2005 Page 4 will be a great improvement for the neighborhood, however, the Post Office will have an impact 011 them. There are semi-tractor trailer rigs that come into the property at all hours of the day and night. They all enter and leave through a driveway that will take them next the above-mentioned lots. It is most likely that these people will feel an impact from this traffic. Some of the trailers come in as early as 1 :00 am in December and at 3: 15 am the rest of the year. They continue at intervals throughout the day along with a Jot of other truck traffic. There is a gravity operated dock plate system (used to unload the trucks) that makes quite a bit of noise and it cannot be modified in any way. There also are 39 delivery vehicles that are required to be inspected each morning between 6:30 and 7:30 am. Part of the vehicle inspection is a short sounding of the hom. (Mf. Chamberlin drew the location of the delivery trucks on the vicinity map) Bob Wenzl, 636 Lake Sammamish Lane NE, Bellevue, W A 98008 stated that he is the owner of Ridgeview Court LLC. He is completely aware of the post office site there, he knows where most of the vehicles and work that will be going on in that neighborhood. It is anticipated that the property to the north will be a commercial type of zone. They are confident that the post office and the new residents will make good neighbors. Ju]iana Fries, Development Services the report given is accurate and the Level 2 Storm Water detention is adequate. The Examiner stated that it would be necessary to address the post office concerns, the developer may be comfortable with the situation, but the future buyers of these homes may not. What enhancements cap. be provided? Ms. Weil pointed out besides the difference in the grade and the 26-foot easement the structures to first be impacted will be the garages. Bedrooms will be upstairs, looking over the garages and subject to the noises that could be generated at 1 :00 am and 3:00 am. Once property owners take possession of the property, they may wish to enhance that back area, no additional requirements have been made for landscaping. No additional fencing has been required along this property line, but certainly it could be done. Mr. Wenzl stated that they had no concerns about providing a fence or some kind of hedge screening if the space is available. A 6-foot fence would be appropriate. Again there is the elevation change from the parking lot approximately a 6 to 10-foot drop from their parking structures to the large rockery along that easterly property line. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at approximately 9:48 a.m. > FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Exaininer now makes and enters the following: FINDINGS: 1. The applicant, Ridgeview Court, LLC, filed a request for a Site Plan Review approval and a 20-lot Preliminary Plat. There was also a request to modify the front yard setback for homes in the project. 2. The yelJow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. 3. The Environmental Review Committee (ERC), the City'S responsible official issued a Determination of Non-Significance -Mitigated (DNS-M). '. ' Ridgeview COllrt Preliminary Plat File No.: LUA-04-J3), PP, SA-H, EeF January 25, 2005 Page 5 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 327 Bremerton Avenue NE. The subject site is located on the west side of Bremerton Avenue a half-block south ofNE 4th Street. Union Avenue NE is located west ofthe subject site. 6. The map element of the Comprehensive Plan was changed in November 2004. The area in which the subject site is located was designated for the development of Commercial Center uses but is now designated for Commercial Corridor. 7. Policy H-90 states: "Identify sites within mixed-use areas, which are appropriate for residential developments. " Policy H-85 states: "Provide homeownership opportunities in all neighborhoods." 8. The subject site is currently zoned CN (Center Neighborhood) but was zoned CS (Center Suburban) when the application was submitted. The applicant is vested under the prior regulations which allow a density of 10 to 20 units per acre for residential development. The minimum Jot area for single family uses in the prior CS zone were ],200 square feet of which 250 square feet must be landscaped yard. The subject site was also located in the ~rea B Suburban Centers Residential Demonstration District and is governed by additional Site Plan Review criteria. 9. The subject site was annexed to the City with the adoption of Ordinance 1480 enacted in April 1954. 10. The subject site is approximately 2.4 acres or 104,373 square feet. It is almost square and is approximately 330 feet wide (north to south) along Bremerton and 316 feet deep. ] 1. The subject site is relatively level with a berm in the southeast comer where slopes range from] 5 to 24 percent. The berm appears to be a result of grading on the adjacent parcel of land. The site~::: also approximately eight (8) feet higher than the adjacent parcel to the west. 12. The area contains a mix of uses and undeveloped property. The relatively new Post Office is located directly west of the north half of the subject site. 13. The applicant proposes removing all vegetation, blackberry, and deciduous and conifer trees from the subject site to aIJow development ofthe building pads, roads and driveways. The applicant may import approximately 4,800 cubic yards offill material to grade the site and roads. ]4. The applicant proposes dividing the subject site into 20 single-family lots that will contain detached single-family homes. The lots will be arranged around a series of private Toads, aIJey-like roads and easements that originate from a new roadway that terminates in a cul-de-sac. Basically, a series of dead end roads wi II be created ofT of a dead end cul-de-sac. Ridgeview Court Preliminary t'lal File No.: LUA-04-1J I, PP, SA-H, ECF January 25, 2005 Page 6 15. Administrative approval was granted to allow the cul-de-sac street's width to be reduced to 42 feet and the radius of the cul-de-sac to be reduced to 50 feet. Staff noted that the applicant would have tOJ [ dedicate 17.5 feet to the widening of Bremerton which currently does not meet City standards. --1 16. 17. 18. 19. 20. 21. 22. The three private easements will extend north and south from the new cul-de-sac street. 11le proposed lots along Bremerton, Proposed Lots] -3 and 18-20 would take their access off the first of these easements rather than Bremerton. These lots would be rear-loaded from this alley_ Proposed Lots 4-7 and 14-17 would use the second of the easements. Lots would face each other across this easement roadway (see attached maps). Finally, a new private street, labeled Anacortes Avenue NE, would provide access to Proposed Lot 8 and the storm drainage tract on the south and Proposed Lots 9-] 3 on the north. Staff has recommended that the 24-foot private street parallel ing the rear of homes that front Bremerton be reduced to a 16-foot alley width with 14 feet of paving and 24-feet of backout space to decrease impervious surface and create a private street appearance. The density for the plat would be 12.42 dwelling units per acre after subtracting roadway areas. The homes would be two-stories. The dwelling or building groupings would vary from those along Bremerton being traditional facing a street, to the interior groupings facing a kind of courtyard private street, to those in the rear facing an interior street. Sidewalks could connect all of the units to one another and through the private easements to the public street. The CS zone permits a lot coverage of 65% whereas a lot coverage of not more than 44% is proposed for th is complex. A front yard setback of between 10 and ] 5 feet is required. Staff has granted a modification that allows a setback for Proposed Lots 8 to 13 to have a greater setback to allow pedestrian access and rear access garages on a 26-foot wide private street. J\ minimum side yard of3 feet with no projections is required unless there is abutting residential zoning. The R-] 0 district south of the subject site wiJI require a 15-foot setback on Proposed Lots I, 5, 6 and 8. The District B overlay guidelines require building forms to contain both vertical and horizontal modulations at a min.imum width of2 feet at intervals of 40 feet as well as individual private entry features.Jt appears that the buildings will comply with these requirements. Two enclosed parking spaces that open onto a non-front facade and away from arterial streets will be provided as required. The applicant will be providing the required 250 feet oflandscaped area on each lot. ~andscaping wiJI consist of lawn, and a mix of conifer and deciduous trees and shrubs. ;; The subject site is located within the Renton School District. The project is expected to generate approximately 8 school age children. These students would be spread across the grades and would be assigned on a space available basis. 23. The development will increase traffic approximately 200 vehicle trips per day and add approximately 20 trips to each peak hour travel period. 24. Stormwater would be contained in the sOuthwest comer of the subject site in Tract A. The plat would comply with the 1998 King County Surface Water Design Manual, Level 2 flow requirements. 25. Sewer and water would be provided by the City. Appropriate extensions of the water and sewer mains would be required. Ridgeview Court Preliminary Plat File No.: LUA-04-131, PP, SA-H, ECF January 25, 2005 Page 7 26. The Manager of the adjacent Post Office testified that the post office has 39 delivery vehicles. Postal employees start-up each of the 39 vehicles and test their horns between 6:30 A.M. and 7:30 A.M. He ~Iso testified that large tractor trailer rigs arrive at the post office site at I :00 A.M. during the month of December and 3: 15 A.M. the rest of the year, as well as other hours during a 24-hour day. They arriv~ near the rear of the post office site which would place them along the western or rear edge of the subject property. They can make quite a lot of noise as they park and then depart as well as during their loading or unloading operations in which gravity activated dock plates are used (while this was not spelled out, it appears that rather than lise some potentially quiet hydraulic system, the large plates merely fall and clang into place). Large trucks also may have backup beepers as safety equipment. During busier seasons sllch as Christmas there can be quite a lot of nighttime traffic at the site. He expressed his concerns that residents of the subject site's new dwellings would be disturbed by the noise, especially during what would nonllally be sleep hours. He does not want to have to deal with complaints that he is sure will be generated by the normal post office operations if residential housing is constructed so close to the post office. He did support a change to the neighborhood from development but was concerned about the impacts noise would have on the proposed single-family homes. 27. The applicant indicated that they were aware of the noise issue and that they believe distance, approximately 40 to 50 feet between the roadway and setbacks, as well as a grade separation ;:;oupled with a fence and landscaping will minimize any problems with noise disturbing residents. CONCLUSIONS: Preliminary Plat J. First, this proposal includes two components. The first one is a Preliminary Plat on which this office makes a recommendation to the City Council. The second component is a Site Plan review since the proposed plat will be used for single-family detached homes and is, therefore, governed by the Centers Residential Bonus District B. This office finds itselfin a difficult role in making a recommendation to the City Council on this project. The proposed plat that will allow single family uses on the subject site does not appear to serve the public use and interest. Under those circumstances, the proposed plat should be denied by the City Council. 2. The compelling issue in this case is one of.untoward noise or noises at a time or actually, times of day, when they are or can be exceptionally disturbing. The representative of the Post Office has iJldicated ) 3. that uses on the post office site are almost completely incompatible with a residential quality· of life. Tractor trailer rigs and other large trucks and vans will be coming and going from the post office site during all hours of the day and night. The trucks are loud. Backup beepers may be employed. Truck and post office doors will be opening and closing during various operations. These aspects of the neighboring uses make use of the subject site for single family or any residential use problemE.tic. At the same time, free-market concepts suggest that a property owner should be able to do what they want with their property. But in this case the current owner would develop homes and sell those homes to third parties who may not be in a position to know about the potential impacts created by the adjacent post office. The City has an obligation to make sure that it does not allow incompatible uses to be developed adjacent to one another. That is one of the primary purposes of Zoning and Land Use regulations. It does not necessarily matter if the parties may agree to such uses. There is an overriding public policy that governs such matters. In this case, the current developer may be well-aware, as he states, of the nature of the adjacent uses but that does not mean some innocent purchaser who views the properties during daylight, or even during the evening will be made aware of traffic and noises that erupt in the dead of night, between] :00 A.M. to 3:00 A.M. Not everyone visits their potential /, Ridgeview Court Preliminary Plat File No.: LUA-04-13), PP, SA-H, ECF January 25,2005 Page 8 neighborhood at slich hours or even perhaps at 6:30 A.M. when postal delivery trucks are started, tested and horns sounded. 4. This is certainly one of those situations that calls for a transition from more intense, in this case 24-hour lIses, to less intense lIses. The subject site might be more suitable for a commercial or office lise. It does not appear suitable for a single-family use. A mere fence or wall and landscaping even coupled with some distance will not provide sufficient buffering to make it easy to sleep during periods of heavy activity at the adjacent site. Noise that might fade into the ambient noises of a vibrant neighborhood during the day can be extremely disturbing or disruptive when those noises occur during very quiet times. The City certainly does not want its future residential homes to be blighted by the adjl'l.cent uses. Usually, the question is the opposite -that the development will not create blight and will [~ctify blight. But the impacts from next door cannot be ignored. They cannot but have a negative impa(,t on the quality of life for anybody living adjacent to the post office. 5. The Comprehensive Plan contains Policy H-90. That policy requires the City to: 6. "Identify sites within mixed-use areas, which are appropriate for residential developments. " While Policy H-85 states: "Provide homeownership opportunities in all neighborhoods." These policies are not necessarily confl icting and H-85 should not be read to say that residential uses have to be provided everywhere in all neighborhoods. Context is still important. The overriding concern should be to identify appropriate sites where residential development is appropriate. Should an undesirable housing situation be created where sleep patterns would be disturbed by the arrival of larger tractor trailer rigs in the middle of the night or twice during the night? Should residents automatically be awakened whether they want to be or not by postal employees starting up 39 vehicles and testing their horns between 6:30 A.M. and 7:30 A.M. six days a week? If populations in the area increase, will there be a commensurate increase in delivery trucks being tested at that time of the morning? Will residents be able to sleep through the noises, said to be quite loud, of gravity operated dock. plate systems at 1:00 A.M. or 3:00 A.M. when deliveries occur? It seems that the proposed locption is not one of those "mixed-use areas, which are appropriate for residential developments." ~ Of course, one could cynically conclude that the deleterious nature of the post office's use would result in the single-family homes being priced more modestly, thereby creating a new stock of more affordable homes. There is also an issue which this office cannot truly address of whether the post office's use might in fact constitute a nuisance that adversely affects the applicant's use of their property. The nature ofthe City Zoning Code though plays a part when it allows potentially disparate uses adjacent to one another. But that is where the City's discretion· in regulating, limiting or conditioning uses comes into play. While the Zoning under which the applicant seeks approval permits single family uses in this mixed-use area, it does not mandate they be permitted. It would allow such use only after considering the site and its surroundings. Analysis needs to be done. The Code does not mandate that these uses be crafted abutting each other. First, one has to consider whether the plat and site plan are in the public use and interest. This office has to conclude that, as now proposed, the public use and interest is not served by the proposal. 7. Based on the above analysis, the recommendation, hard as it is to reach, is that the City Counci I should deny the proposed Preliminary Plat. Ridgeview COllrt Preliminary Plat File No.: LUA-04-J 3 J, PP, SA-H, ECF January 25, 2005 Page 9 8. If on the other hand, the City Council concludes that the plat serves the public use and intere~t it might seek to impose some conditions that could help the potential purchasers form a knowledgeable decision. One solution might be to include a set of covenants that require that aIJ sales literature and the face of the plat include information that the post office operations may create loud noises during the course of a day and that such noise might interfere with sleep in units located on the subject site. That will avoid the situation of potential purchasers seeing the subject site and its homes during the day and not have any realization that the post office operations occur during the night and such operations might make sleep difficult or disturbed. Obviously, this stiJl allows units that may be severely affected by the noise to be built as opposed to finding a better use for the site that would not be affected by nocturnal noise, such as another commercial use. 9. This office therefore, would again recommend that the City Council deny a residential plat on the subject site but that if it chooses to approve this proposed plat, that it adopt some strict disclosure requirements. As the Post Office Manager noted, he really is not going to be happy fielding questions and complaints about the operations from future residents that this applicant acknowledges but that innocent purchasers will not be as knowledgeable about. Site Plan 10. The Site Plan is denied as the property should not be platted as proposed and the site plan is therefore, inappropriate. This office will provide an alternative decision on the Site Plan in order to allow the proposal to proceed if the City Council decides to approve the proposed Preliminary Plat. I I. In the event that the City Council determines that the Preliminary Plat should be approved, this office will review the proposed Site Plan. The site plan review will treat this analysis as if the plat were approved for 20 lots as proposed by the applicant. As noted above, if the plat and site plan are approved, there should be disclosures regarding the nature of the noise that might be generated on the adjacent post office site as weIJ as the timing of those noises. In addition, clearly, buffering this site from those noises should be considered an important matter to assure some quality of residential living. ) ) 12. Residential uses are permitted in this general area by the Comprehensive Plan. Integration of single family uses then depends on mitigating the impacts of adjacent uses on the site so that it possesses residential amenities. The Comprehensive Plan suggests buffering incompatible uses from one another, particularly; if transitional uses cannot be used to separate the disparate uses. 13. The twenty proposed homes meet the Zoning Code's former R-5 Zoning District's density requirements. The applicant is proposing appropriate setbacks from streets and adjacent properties including the 1arger buffer required between this site and its souther1y, R-I 0 neighbor. A requested deviation from the maximum front yard setback of] 5 feet to one of28-feet allows for pedestrian and vehicular access and appears reasonable with the proposed courtyard layout and streetscape. The lots each provide their allotment of landscaped open space. 14. The development of the subject site will create construction related impacts but those will disappear ollce the project is complete. There will be some additional traffic generated by the development but that should not create any substantial impacts on the transportation corridors. In addition, a traffic mitigation fee will help offset any impacts. As noted in the earlier plat discussion, there could be Ridgeview Court Preliminary Plat File No.: LUA-04-131, PP, SA-H. ECF January 25.2005 Page 10 impacts on the operations of the adjacent post office in the way of complaints about noise. In order to lessen some of the impacts, a sound barrier masonry wall should be erected along the north and west property lines of the subject site. Such wall should be designed by acoustical engineers to provide noise attenuation. In addition, landscaping should be installed to further assist in noise reduction and limiting the visual cues which playa part in noise perception. The two-story homes and grade difference will make it hard to limit noise penetration to the subject site. 15. The site plan appears to make reasonable use of the subject site. The buildings provide a reasonable amount of separation from one another. The buildings contain the necessary Demonstration District modulation and articulation as well as side or rear loading garages. 16. There are urban services such as sewer and water available to serve the 20 new homes. Mitigation fees, to offset impacts to parks, have been imposed. ] 7. In conclusion, this office recommends that the City Council deny the proposed plat and site plan as incompatible with the adjoining post office operation and an inappropriate use of property that even though zoned CS is not well-located to afford the residential amenities that should be guaranteed by traditional zoning demarcations and land use development criteria. RECOMMENDATION: The City Council should deny the proposed plat. DECISION: The Site Plan is denied as the property should not be platted as proposed and the site plan is therefore, inappropriate. 1. Alternative Recommendation and Decision If the City Council approves the Preliminary Plat then the Site Plan should be approved subject to the following conditions: The applicant shaH comply with the conditions imposed by the ERC. 2. The"applicant shall execute restrictive covenants that require all sales literature and sales listings initiaJJy and subsequently to note the location of the post office and that the post office operations may create loud noises during the course of a night and very early morning hours six (6) days a week and that such noise might interfere with sleep in units located on the subject site. 3. Corresponding language about the post office noise shall be included on the face of the plat. 4. The applicant shall construct a sound barrier masonry wall along the north and west property lines of the subject site. Such wall should be designed by acoustical engineers to provide noise attenuation. In addition, landscaping shall be installed to further assist in noise reduction and is designed to limit the visual cues which playa part is noise perception. 5. The applicant shall revise the plat to reflect the easement along the rear of lots I through 3 and 18 through 20 to be an alley right-of-way with a width of 16 feet with a minimum of) 4 feet of pavement. Ridgeview COUJ1 Preliminary Plat File No.: LUA-04-13 J, PP, SA-H, ECF January 25, 2005 Page 11 The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 6. The applicant shall be required to post the 26-foot private access easement (Anacortes A venue NE) with "No Parking" signage on each side. Staff recommends the applicant shall comply with this requirement to the satisfaction of the Development Services Division prior to the recording of the final plat. 7. 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 landscaped right-of-way improvements, as well as for any shared private utilities/drainage facilities or private acce~s and utility easements to include the private pedestrian access easement. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording offhe final plat. 8. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. ORDERED TIllS 25day of January 2005. TRANSMITTED THIS 25th day of January 2005 to the parties ofrecord: NancyWeil 1055 S Grady Way Renton, W A 98055 Juliana Fries 1055 S Grady Way Renton, W A 98055 Cliff Williams 5326 SW Manning Street Seattle, WA 981]6 Kevin Chamberlin 18930 45th Place NE Lake Forest Park, W A 98155 TRANSMITTED THIS 25th day of January 2005 to the fo)Jowing: . Mayor Kathy Keolker-Wheeler I Stan Engler, Fire Bob Wenzl 636 Lake Sammamish Lane NE Bellevue, W A 98008 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Larry Meckling, Building Official Planning Commission Transportation Division .Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Ridgeview Court Preliminary Plat File No.: LUA-04-) 31, PP, SA-H, ECF January 25, 2005 Page 12 Pursuant to Title IV, Chapter 8, Section I OOGof the City'S Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 8, 2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner'S decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, afterreview of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., February 8, 2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Councilor final processing ofthe file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use.decisions. This means that parties to a land use decision may not commt,nicate in private with any decision:maker concerning the proposal. Decision-makers in the land use proces~ include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to operily rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. 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J ~ .1-'" ~rtf J ill· ., } '., {i' ~I D (iii , , , , ~ , , , • t I~I ., i .1.' " ~Iil ~I . . , , , , , , I lA , , , I , I , , I , , I , , ·1 t:: I , , t ·1 r-t ,[ , I I : t;:::,= 1 I , , I 1\1 I I I I i , , Ill! ~: II , I .. 01- () J Z () '-----'-0 t 0 I- ~1 z « ~, J tI' ) l II ) It j I- 0' ... .:. ~. ~.; ~_~ ••• 0. . . ~--.. -~~ '\ March 29, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Liberty Ridge LLC Attn: Mike Merlino 9125 10th Ave S Seattle, W A 98108 David L. Halinen Halinen Law Offices, P.S. 10500 NE 8th Street, Ste. 1900 Bellevue, W A 98004 Elmhurst Preliminary Plat File No.: LUA 04-162, PP, ECF 201, 251, & 257 Bremerton Avenue NE Approval for a 64-lot subdivision of a multiple parcel, 9.6-acre, site intended for detached units. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on March 8, 2005. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The fol/owing minutes are a summary of the March 15, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, March 15, 2005, at 9:31 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. - Exhibit No.3: Preliminary Plat Plan Exhibit No.4: Tree Cutting and Land Clearing Plan Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29. 2005 Page 2 Exhibit No.5: Grading and Drainage Plan Exhibit No.7: Zoning Map Exhibit No.9: Katie Walter, Professional Resume Exhibit No. 11: Vacation Petition to City dated 12/27/2004 Exhibit No. 13: Renton City Council minutes dated 2/28/2005 Exhibit No. 15: Deed to the Foster property Exhibit No. 17: Access Easement Agreement dated March 9, 2004 Exhibit No. 19: Lawsuit, Snohomish Case Law Exhibit No.6: Existing Conditions Exhibit No.8: ERC Mitigation Measures Exhibit No. 10: Sheet 1 of Preliminary Plat drawing set showing vacation of 15.5 foot right-of-way along Bremerton A venue Exhibit No. 12: Letter from Bonnie Walton dated 31112005 Exhibit No. 14: Noise Report by Mr. Jerry Lilly Exhibit No. 16: Lot Line Adjustment Exhibit No. 18: Lawsuit, Kitsap Case Law - Exhibit No. 20: Second Grading Sheet The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located in the east portion of the City of Renton just south of the NE 4th corridor and to the west of Bremerton Avenue NE. The site is zoned Residential-1 O. On the site there is a Category 3 unregulated wetland located in the southwest portion of the site, which is proposed to be filled. There are two tracts proposed, Tract A in the southwest corner of the site for the storm drainage facility and Tract B which continues along the entire southwest and western edge of the property which would be a Native Growth Protection area. Maplewood Creek runs along this area and continues northward. There would be a 25-foot enhanced buffer on each side of the creek. Due to any wetland that would be potentially located within 100 feet of the site, the applicant did an assessment of this wetland in the northwest corner of the site and that is unregulated Category 3 therefore, this proposal would not be affected with that wetland. A Development Agreement was made on this site, it was approved in August of2004 with several stipulations. One, this site would be zoned R-10 as well as the Comprehensive Plan Use designation of Residential-Options (RO). There are also some site-specific restrictions that state that all residential buildings must be single-family, all lots abutting the south boundary line must be 50 feet in width (Lots 23 through 29), and lastly the net density cannot exceed 10 dulac. The proposed density for this plat is 8.3 dulac. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated for the project, which included fourteen mitigation measures. No appeals of the determination were filed. The purpose of the Residential Options designation is to create new, lower-density neighborhoods in a traditional development style while at the same time support infill development. This proposal is consistent with the Residential Options land use development and the environmental element. Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 3 A net density of the development would be 8.3 dwelling units per acre, which is within the allowed range. This proposal is all detached single-family units and complies with the density and unit mix requirements for R-I 0 zonmg. All lots comply with the lot dimension requirements as well as meeting the required setbacks. The proposal's compliance with these building standards would be verified prior to the issuance of individual building permits. Several buildings and outbuildings currently exist on the site, the applicant must obtain a demolition permit and complete all inspections and approvals for all buildings prior to the recording ofthe final plat. The R-I 0 zone requires setback areas to be landscaped including the addition oftrees and shrubs to be planted within the front yard area of all lots within the plat. The satisfaction of this condition is subject to the review and approval of the Development Services Division Project Manager. The side lot line of the proposed lots are at right angles to the street line. All lots would gain acce5S to public roadways either directly, or via private driveway access easements. As proposed, Ibts comply with arrangement and access requirements of the Subdivision Regulations. Each of the lots satisfies the minimum lot area and dimension requirements of the R-IO zone. All lots located at the intersection of public rights-of-way would meet code, all would have a radius equal to or greater than 15 feet. Access is proposed via the Bremerton Avenue NE coming from the south through the Laurelhurst Plat. This proposed plat required two means of access, depending on the outcome of the Ridgeview Plat, north of the site along Bremerton Avenue NE, it is a requirement by code that a minimum of20 feet width of pavement and a pedestrian walkway be required along Bremerton Avenue NE from the northern property line up to NE 4th Street. [fthe right-of-way required to be dedicated by the Ridgeview Court Plat is not in place prior to the recording of the Elmhurst Plat, the applicant of this plat would be required to dedicate the public right-of-way along that parcel. There also is a requirement for a dedication ofa minimum of25 feet from the centerline of Bremerton Avenue NE for this subject plat. A homeowner's association or maintenance agreement is suggested for the development, which would be responsible for any common improvements and/or tracts within the plat. Traffic, Park and Fire Mitigations fees were imposed by the ERe. The subject site is located within the Renton School District boundaries and they have indicated that they can accommodate the approximately 28 new students. The storm drainage/surface water would be located in Tract A in the southwest corner of the property between Lots 22 and 23. In order to enhance the storm drainage tract it is to be fenced, landscaped and irrigated unless drought tolerant plants are used. The property lines of Tract A fronting Road A, Lot 22 and 23 should include a landscape visual barrier and fencing. The property lines along Lot 22 and 23 should include a six foot high solid wood fence or other approved material (no chain link), the portion to the southwest of Tract A required only the split rail fence. Staff recommends approval of the Elmhurst Preliminary Plat subject to five conditions. David Halinen, 10500 NE 8th Street, Suite t 900, Bellevue, W A 98004 stated that he represents the owner/applicant Liberty Ridge LLC. There were a couple of questions that arose during Ms. Fiala's testimony, Ellhhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 4 in terms of the question of shared driveways, the applicant is planning to have individual driveways, the purchaser of the project has requested that and that is the applicant's intention to provide those driveways. Secondly, regarding the small segment of Tract A that abuts the south line of the property, they are willing to fence that in any way that the City staff would like to have it done. The applicant has reviewed the proposed conditions for approval and finds them acceptable. There was a question regarding the unregulated wetland in Tract A, Katie Walter, a wetland scientist, biologist and botanist is present today and can address that question. Katie Walter, Shannon and Wilson, 400 N 34th Street, Suite 100, Seattle, W A 98103 stated that she performed the wetland del ineation both on this site and the site to the north back in 1998. The wetland to the north is just offsite north along the west property boundary. It is a small wetland, just over 2,000 square feet in size. It was designated a Category 3 wetland under the City's regulations and the question was with respect to its closeness to Maplewood Creek. That creek has been channelized in the past, the area was developed early in the 1950's, and at different periods of time the creek has been channelized and moved and it appears that long before now that wetland has become isolated from the creek. There is a dirt berm that exists between the creek and that wetland. The isolated wetland on site is slightly different in that it appears to have formed on fill as a result of a stormwater pipe that outlets near the east side of the wetland and it appears that that wetland is isolated, most of the water that gets to that wetland either infiltrates or evaporates and probably during very large storm events it may have some overland flow. The creek on site, which runs along the western property boundary has been heavily channelized, it's about four feet lower on the northern side than the site boundary depending on the amount of fill in different places on that site. On the southern portion it is six to eight feet lower than the actual site. On the northern two-thirds of that site it's been channelized along the property boundary, it's an ephemeral stream, it wasn't flowing, in fact it was completely dry in June of 2004, and in December of2004 it wasn't flowing, but there were some puddles of water. It was flowing in 1998 when she was at the site. II does flow occasionally, but mostly during storm events in the area. The buffer along the creek is heavily vegetated with blackberries with almost no native vegetation. On the southern end there are a few more trees and some native vegetation. Mr. Halinen stated that for the record, the Bremerton Avenue right-of-way abutting the site, there were three small strips of land along the west edge of Bremerton A venue designated as a 15.5 foot ROW to be vacated that is within proposed Lot I. The second strip has a note that also shows 15.5 foot ROW to be vacated from Lot 46 north to Lot 42 up to proposed Road A, and finally the very south end of the site there is a note that says 7.5 foot existing ROW to be vacated, along the east edge of Lot 29. The applicant filed a petition with the City on December 27,2004. This is a contiguous strip that Road A will cross and does not need to be vacated. This matter went before the City Council on February 28 and the Council voted to approve the requested street vacation with two conditions; area of vacation for the two northerly portions of the original request be set to a maximum vacation width of 12.5 feet and secondly, the petitioner shall provide satisfactory proof that outside utilities have received and are satisfied with any easements which are necessary to protect their facilities in the requested vacation area. Going forward with construction plans, the three-foot adjustment will be made within the lots and make everything fit. The reason that a Noise Analysis was done was in view of the Ridgeview Court project to the north, there was testimony by the manager of the abutting postal facility concerning truck and delivery noises that he wanted to make the City aware of. In that particular case, the Examiner indicated a recommendation for denial of that project, or in the alternative some special conditions of approval were suggested. That matter is now on appeal to the City Council by the applicant. While the Elmhurst site is further from the postal site than the Ridgeview Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 5 Court, it seemed prudent to have some field noise measurements taken over an extended period of time, 64 hours, so that some hard data would be available. That work was done by Jerry Lilly, who could not be here today, one of his colleagues, Michael Yantis is here today to provide an overview of the testing. Michael Yantis, Yantis Acoustical Design, 720 Olive Way, Suite 1400, Seattle, W A 9810 1 stated that he was here today on behalf of Jerry Lilly. He visited the project site on Sunday, March 6 with Mr. Lilly. The noise monitoring stations were set and they were able to review both the location ofthe stations and the equipment that was used. Two noise-monitoring locations were set up on site, one on the north boundary of Elmhurst property and a second approximately mid point on that north boundary line. Mr. Lilly took data for approximately 64 hours between March 6 and March 9 at these two locations. Position two took hourly data and position one was continuous recording of data every 2 seconds. Primary noise sources were traffic on NE 4th Street, aircraft flyovers, and although the Post Office has been indicated as a noise source in the vicinity, the study indicated that it was not a primary noise source in the area. Mr. Yantis continued with an overview of the report. Noise codes do not specifically apply to public roadways and aircraft because these noises are exempt from the noise codes, developmental regulations help provide guidelines for jurisdictions and developers and how they might build their developments to make sure that the residents don't have noise levels that are excessive. Both Bellevue and Snohomish guidelines are based on the HUO guidelines that provide noise guidelines that are suitable for residential developments. Noise levels above 65 LON are in the less acceptable category, noise levels under 65 are generally acceptable. The C:ty of Renton also has a noise ordinance that regulates noise levels between adjacent properties. The results of the measurements that Mr. Lilly recorded show that the Ldn (day-night average) varied from 56.3 at position 2 to a high of 57.8 at position I. They are all very close in noise level. In addition to the long-term noise levels that were measured, Mr. Lilly paid particular attention to noise levels that might be occurring from the Post Office. While he was on site, there were two events that happened, that were truck events. One event happened at 4:45 pm when a truck left the facility and beeped its horn and the other event was the arrival of a semi-truck trailer rig that traveled onto the property, dropped its tailgate and unloaded material. Both of these events, although the noise levels are identifiable, they are a little bit higher than the typical activity happening on the site during that time. Using Figures from the report, he showed how Mr. Lilly was able to assess what might be an aircraft event versus some unknown event. In summary the noise levels that Mr. Lilly measured and reported in his report are suitable for residential use. There are within the HUO guidelines, maximum noise levels are primarily due to aircraft flyovers and they are consistent with other residential areas in the vicinity. Rose Woodall, 248 Union Ave NE, Renton, WA 98059 stated that her property abuts this proposed plat at the northwest corner out to Union Avenue. She has lived there 33 years and lots of changes have taken place. Her concern is that her back lot is like a park, if there is a split rail fence, it seems that children could just climb over. The City of Renton is going to build a park on the west side of Union Avenue directly across from her property, it seems that the children could cut across from this development, through her property and to the park. She would like to have a fence that kids are not going to be able to crawl over. She is concerned about her liability if the children jumped in the creek and wade across. The Examiner explained that the City does not usually require fencing between similar types of uses, in other words single family and single family. Perhaps you and the applicant can work something out, although a fence of some type is required to protect the stream buffer. Elnihurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 6 CI iff Wi IIiams, 5326 SW Manning, Seattle, W A 98116 stated he was here representing the property owner of the development bordering to the northeast, known as Ridgeview Court. They are in support of this development. It represents a well planned and logical development and transition from the R-8 developments to the R-I 0 and then up into Ridgeview Court which has been zoned R-20. They have worked together in coordinating the site developments, the key things addressed are the road profile for Bremerton Avenue, the sewer service for Ridgeview Court, and also the grading between the property lines on the north side. They would like to complement the developer on the initiative to undertake this noise study. They find the study results very encouraging for all parties concerned. Thomas Foster, Langley Fourth Avenue Associates LLC, 5460 Southcenter Boulevard, Suite \06, Seattle, WA 98188 stated that they own the property to the northwest and adjacent to the Post Office. He submitted a letter to the City staff yesterday only to encourage the staffto look at the overall development of the area when you have Ridgeview Court to the east and Elmhurst to the south. They have a small piece of property to the south of the Post Office that potentially could be landlocked based on the new zoning of CA that happened in November. The southwest corner of the property is the end of the wetlands on the property and also the site of their storm detention pond. Some of the area has been cleared and they are currently under construction development permit with the City of Renton to complete the requirements for a Short Plat. He was encouraging the staff to look at the overall development potential of the site and area for pedestrian friendly access and also to provide for secondary fire access to not only their property but to the other properties as well. If Bremerton was ever to become blocked a secondary access from their property onto either one of these sites could add additional fire control possibilities and also would enhance pedestrian access to NE 4th and would help the development of their property as well. Terrance Flaig, President of Fernwood North Homeowner's Association, PO Box 3106, Renton, W A 98056 stated that he had a question regarding the grading of the site. Specifically the homeowners that abut the southern end of Elmhurst are concerned about grading that has been done to this site prior to the. beginning of Elmhurst. When he and his wife moved here, this was zoned residential but there was a business operated here, McCann Trucking owned this land they were a trucking and excavating business. When the property was sold to Tydico and as soon as that happened they began to bring in large truckloads of earth and fill without applying for or receiving any permits. They raised the level of this land considerably, particularly in the area that abuts Fernwood North to the south of their land. Since this was not done with permits from the City of Renton, they wonder if this is going to be allowed to exist the way it is or ifsome effort is going to be made to return this level of the land to what it was before the illegal grading was done. They are concerned because it is quite a bit higher now than the lots in Fernwood North. The homes that will be built will be towering above them and provide an unsightly view to the north. The Examiner stated that they were talking about Lots 32, 33, 34, and 35 in Fernwood North and suggested that perhaps staff may have some comments about this issue. Kayren Kittrick, Development Services stated that Elmhurst can be held to dedicate the rights-of-way off Bremerton when they don't own the property. A secondary access is required by Fire for this site. The preference is to the north, the owners of the property to the north have been in serious talks and trying to make sure that their designs met code. It has always been the intent that Ridgeview would go first, or a little ahead, or at the same time as Elmhurst. When Ridgeview was denied, it was necessary to make sure that that was secured, that is the secondary access, it is the way that they designed for their secondary access. Whether an easement would be sufficient if the timing did not work out, the answer is no, the dedication must be for sure, it is necessary to know that it is going to go through. Split rail fences are basically to allow for the movement of small animals that would go through that area. Planning would most likely have some concerns about blocking off that location entirely, but there could be Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 7 some discussions on something that might have small openings. Not quite sure how to solve that particular problem. Regarding Mr. Foster and his wish to have secondary access to the north is an issue that they agree on, but there is nothing that is in the code that would allow for this. The Transportation Division would be very interested in something through the Ridgeview Court, some type of connection through there. However, in that instance, the Post Office declined to participate. Ultimately this comes down to some type of agreement between private property owners in this case. Mr. Foster does have access up to NE 4th, primary access, but he does need a secondary access, just not sure what is going to be developed on his property. The site has been used out of standards both under King County and City of Renton when they took it over. There is no plan to do any grading or changing of the site height. All grading will be within the site, cut and fill, nothing new being brought in and nothing being taken out. Mr. Halinen stated that regarding Mr. Foster's comments and concerns about wanting a secondary access, Mr. Foster pointed out that the company he represents is a recent purchaser of the property that wraps behind the Post Office. The property was purchased September 2004. In 1999 a Lot Line Adjustment was done and included the Post Office property and the Langley Property (Mr. Foster). Regarding the secondary access, this is a problem of self-creation. An Access Easement Agreement was recorded March 9, 2004 proving that the Post Office did get title. The Lot Line Adjustment was set up to dead end at the back end ofthe property, they didn't need to do that, they cou Id have had a loop easement along the east side of the postal property to provide for secondary access for emergency vehicles. It was set up deliberately, sold the property in its current condition to someone who would like to have one of the abutters bear the burden of a secondary access. This should have been considered and dealt with prior to selling off the properties. Elmhurst should not have to bear the burden of these issues, they should not have to give access through Elmhurst. Lou Larsen, Pacific Engineering and Design LLC, 4118 Lind Avenue, Renton, W A 98055 stated that there are four existing lots in Fernwood North, Lots 32, 33, 34 and 35 that abut against the area in question. The pad elevations are set such that they can get access from Bremerton A venue, they are set to provide sewer connections to these lots, and to provide access for lot drainage into the detention pond. All this grading occurs on-site, within the Elmhurst property lines, they do not even come close to the south property line. If the lots were lowered, they would not drain into the detention pond. Lot 27 will be a little bit higher than what it is today, Lots 26, 25, 24, and 23 are being raised anywhere from three to five feet, depending on where you measure it. Those elevations are 25 feet into the property where this will occur. Some of that could be buffered out a little, but not very much. The Examiner stated that it doesn't sound like the City will address what may have happened prior to annexation. Ms. Kittrick stated the City will not explore the site levels, it was like that when it came in for site approvals. They will not require the owner to return to what the property was like years ago. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at II :24 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Ellnhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 8 FINDINGS: I. The applicant, Liberty Ridge, LLC, represented by David L. Halinen, filed a request for a 64-lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 20 1,251 and 257 Bremerton Avenue NE. The subject site is located on the west side of Bremerton approximately 600 feet south ofNE 4th Street. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family homes, but does not mandate such development without consideration of other policies ofthe Plan. 7. The subject site is currently zoned R-IO (Residential Options including detached Single Family uses). 8. The subject site was annexed to the City with the adoption of Ordinance 5092 enacted in September 2004. 9. The subject site is approximately 9.6 acres or 418,176 square feet. The parcel is rectangular and is approximately 650 feet long along Bremerton (north to south) by approximately 640 feet deep. 10. The site has been used for construction offices and staging and older homes and outbuildings generally served office purposes. 11. The subject site slopes generally downward 3 to 5 percent from the north-northwest to the south- southwest where Maplewood Creek crosses the subject site. The site also has bands of steeper terrain that vary between 20 to 40 percent. Fill was placed on the subject site in the past and this material appears to have been placed without benefit of a permit. Neighbors report that it raised the elevation of the property adjacent to the creek 8 to 10 feet. 12. A Category 3 wetland is located in the northwest corner of the subject site and it is unregulated. Another wetland located offsite is also unregulated. As noted, Maplewood Creek crosses the southwest portion of the site. 13. The subject site is mainly cleared of vegetation but small stands or rows of trees are located near the south and west property lines, near the existing older structures in the northeast corner of the site and near the creek. Most of the trees with the exception of those in the protected creek corridor would be removed to allow development at the R-I 0 density permitted by the zoning. 14. The subject site is governed by a separate development agreement. There are site-specific restrictions that include that all residential buildings be single family, lots abutting the south boundary of the site (abutting R-8 homes) be not less than 50 feet wide and that the density not exceed 10 units per acre. Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF MaI'ch 29, 2005 Page 9 15. The appl icant proposes dividing the subject site into 64 lots. The lots would be arranged around the perimeter of the site and in two interior blocks. Lot sizes will vary from 3,801 square feet to 5,979 square feet. The R-I0 zone requires lots to be not less than 3,000 square feet, lot width to be 30 feet for interior lots and 40 feet for corner lots and lot depth to be 55 feet. Staff reported that lots would vary between 40 feet to 54 feet wide and from 95 feet to 112 feet deep. The lots along the south property line will comply with the 50-foot width required by the Development Agreement. 16. Two east to west roads will provide access to the interior of the subject site from Bremerton. These two roads will be connected to each other in a loop by a north to south road running through the western third of the site. A second north to south road will run between the east to west roads in the middle of the site creating the blockwise lot arrangement. Bremerton has an inconsistent alignment and width along the frontage of the subject site. The applicant is seeking a vacation and will rededicate property to create a more consistent alignment. 17. Bremerton does narrow north of the site adjacent to where the Ridgeview Plat was proposed. The City Council will be determining the status ofthat plat during an appeal procedure. Staff has nuted that Bremerton does need to serve this proposed plat. 18. The density for the plat would be 8.25 dwelling units per acre after subtracting sensitive areas (creek corridor) and roadways. 19. The subject site is located within the Renton School District. The project is expected to generate approximately 28 school age children. These students would be spread across the grades and would be assigned on a space available basis. 20. The development will increase traffic approximately 10 trips per unit or approximately 640 trips for the 64 single-family homes. Approximately ten percent of the trips, or approximately 64 additional peak hour trips, will be generated in the morning and evening. 21. The appl icant has submitted a Noise Analysis Report for the project to determine if noise from the nearby but non-adjacent Post Office would be a factor for residential development of the subject site. The report was done since the Hearing Examiner recommended that the proposed Ridgeview Plat immediately north of the subject site but also directly abutting the Post Office be rejected due to incompatible noise generated, by the adjacent Post Office. 22. The summary of the report contains the following language: "The ambient noise measurements conducted at the Elmhurst site's north edge demonstrate that the site is suitable for residential development... While there are routine loading and unloading activities and other activities at the post office that generate occasional environmental noise, this study has clearly shown that the intensity and duration of the noise generated by the post office is insufficient to significantly impact residential use of the Elmhurst site. (Footnote 2) ... Footnote 2: Anticipated future development of the Ridgeview Court site and the vacant parcel immediately to the north of the west halfofthe Elmhurst site will significantly screen the Elmhurst site from post office-generated noise, further reducing its intensity on the Elmhurst site." Ellhhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 10 23. Storm water will be collected in a pond in Tract, A which will serve as both a detention and water quality facility. The pond, which is located in the southwest corner of the site, wi,lI be adjacent to Maplewood Creek. Energy would be dissipated using a "bubble-up" system with the overflow running to the creek. It would meet the 1998 King County standards, Level 2 flow control. 24. Staff has recommended that the pond be screened and landscaped. The screen is to form a visual barrier but one that does not interfere with traffic. Staff recommended the materials to use and to avoid chain link fencing. 25. The subject site will be served by City water and sewer services. Utility line extensions to serve the site will be required and governed by code. 26. Staff has approved a street modification allowing narrower roadways. Since this narrows what would be parking strips or landscape areas, staff has recommended the addition of trees 27. The owner of the adjacent property north of the subject site was concerned about access to a portion of his propel1y behind the post office. That property fronts along NE 4th Street and access is possible from there. It was noted that the current owner's predecessor in interest created the odd-shaped parcel by segregating off the post office site leaving the remainder. CONCLUSIONS: I. The proposed plat appears to serve the public use and interest. Due to a recommendation by this office that another residential development (Ridgeview Court) adjacent to the post office was inappropriate, the applicant was concerned that post office noise might create issues for developing the subject site. Those noises might be an issue but it appears that the distance between the subject site and the post office site should help attenuate the noise. The subject site can be distinguished from the Ridgeview court parcel by a number offactors. The subject site is zoned for residential purposes and is shielded by the adjacent Ridgeview Court property, which as a transitional property can be used for commercial purposes. In addition, open space that now lies between the subject site and post office could be developed with uses that further attenuate the noise. That is new structures could occupy the intervening open space and block post office noises. The greater distance and the potential for intervening buildings were not factors that could help the other property. The noise studies that were conducted were specifically conducted for the subject site and cannot be relied on for determining impacts on other properties and other properties cannot count on the development of intervening buildings that could eventually buffer this site from the post office. 2. The proposed plat appears to create reasonably rectangular lots. A fairly regular grid roadway and block system rather than a deadend cul-de-sac will also serve the 64-lot plat. The smaller lots of the R- 10 zone will still provide detached single-family housing choices to those who want less yard maintenance and smaller homes. 3. The plat will offset its impacts on fire, parks and transportation services by paying mitigation fees. It will also contribute to the tax base of the City when developed with homes. The additional popUlation and traffic will be fett in this currently sparsely developed area but those impacts were anticipated when the Zoning was adopted for the area. 4. The applicant will be planting trees on the lots while also preserving the stream course and the current vegetation in buffers surrounding the creek. It appears that filling that occurred on the subject site can Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page II remain and might have be permitted to allow appropriate sewer service. The applicant wili have to demonstrate that the materials are suitable for foundation support. 5. The applicant will have to satisfy the City's needs for access to and along Bremerton to NE 4th Street. 6. In conclusion, the proposed plat should be approved by the City Council. RECOMMENDATION: The City Council should approve the 64-lot Preliminary Plat subject to the following conditions: I. 2. 3. 4. 5. 6. 7. The applicant shall comply with the conditions imposed by the ERe. The applicant shall have to demonstrate that the on-site fill materials are suitable for foundation support. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. All lots within the plat shall be required to have a minimum of one new approved tree, with a minimum caliper of 1-112 inches (deciduous) or 6-8 feet in height (conifer), and shrubs (or equivalent) planted within the front yard. The applicant shall be required to set forth a restriction on the final plat stating this requirement. Each application for a single family building permit shall include a plan noting the location and type of plant materials within the front yard. All front yard landscaping shall be planted prior to final building permit inspection. The satisfaction of this condition is subject to the review and approval of the Development Services Division Project Manager. U' he right-of-way for Bremerton Ave. NE along Parcel #518210-0042 (327 Bremerton Ave. NE) shall be dedicated prior to the recording of the Elmhurst Final Plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 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 documents(s), if necessary, shall be submitted to the City of Renton Development Se,rvices Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. Tract A shaH be fenced, landscaped, and irrigated (unless drought tolerant plants are used). The property lines of Tract A fronting Road A, Lot 22 and 23 shall include a landscaped visual barrier so as to not interfere with sight distance triangles including plant materials which would provide a year-round dense screen within three (3) years from the time of planting. Also, the property lines along Lots 22 and 23 shall be fenced with a six-foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road A shall be fenced with either a wrought iron, or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifying construction and plant materials for the review and approval of the Development Services Project Manager prior to installation. Fences and landscaping shall be installed prior to recording of the final plat. EIt;lhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 12 ORDERED THIS 29th day of March 2005. HEARING EXAMINER TRANSMITTED THIS 29th day of March 2005 to the parties of record: Susan Fiala 1055 S Grady Way Renton, W A 98055 Liberty Ridge LLC Attn: Mike Merlino 9125 loth Ave S Seattle, W A 98108 Lou Larsen Pacific Engineering and Design LLC 4118 Lind Avenue Renton, W A 98055 Terrance Flaig President of Fernwood North HOA PO Box 3106 Renton, W A 98056 Kayren Kittrick 1055 S Grady Way Renton, W A 98055 Katie Walter Shannon and Wilson 400 N 34th Street, Suite 100 Seattle, W A 98103 C. Thomas Foster Langley Fourth Ave Associates LLC 5460 Southcenter Blvd, Suite 106 Seattle, W A 98188 Cliff Williams 5326 SW Manning Seattle, W A 98116 TRANSMITTED THIS 29th day of March 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Rose Woodall 248 Union Ave NE Renton, W A 98059 David L. Halinen Halinen Law Offices, P.S. 10500 NE 8th St., Ste. 1900 Bellevue, W A 98004 Michael Yantis Yantis Acoustical Design 720 Olive Way, Suite 1400 Seattle, WA 98101 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Larry Meckling, Building Official Planning Commission Transportation Division Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section I OOGof the City'S Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 12, 2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably avai lable at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This Elmhurst Preliminary Plat File No.: LUA-04-162, PP, ECF March 29, 2005 Page 13 request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., April 12, 2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Councilor final processing ofthe file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in pUblic. This public communication permits all interested parties to know the contents ofthe communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation ofthe request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. -DO< , I I '~~ I I Vi ; .... I <..l I N IOC __ • ./ I,.,:U , I j 1:U~ I i : I !O~ I ~ --r=-+-~~.-=--l . . I"" I , Ii ~~ I CD # .:jVJ-" I 0>. I (Q f Of"l°l ; 13 .... ---l-:d:-=--~ I "B.M-iUAST' AESVENTlAL SU8DMSION y...,.,.LLC .... c,.~:--f;oO..1[.(~r'.-..u" ta<TOH. WA Civil EogtoCc:r\ng, SU(Veyiog >OJ Pl.u>oline Coosu/<Ao<s :z~ Z. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO{S): LUA04-162, PP, ECF PROJECT NAME: Elmhurst Preliminary Plat APPLICANT: Liberty Ridge LLC, Mike Merlino LOCATION OF PROPOSAL: 201,251, & 257 Bremerton Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 64-lot subdivision of a multiple parcel, 9.G-acre site. Two tracts for open space and stonn drainage are included. The site is zoned Residential -10 dulac and is to abide by a Development Agreement. The lots range in size from 3,801 sq. ft. to 5,870 sq. ft. and intended for detached units. All existing buildings would be demolished. Access is proposed via Bremerton Ave. NE to new internal public streets and private access easements. One non-regulated Category 3 wet/and would be filled. Maplewood Creek crosses the southwestern portion of the plat. LEAD AGENCY: MITIGATION MEASURES: The City of Renton Department of Planning/Building/Public Works Development Planning Section 1. A Geotechnical Engineer shall detennine the suitability of the existing on-site fill prior to its use on-site. The satisfaction of this requirement shall be reviewed and approved by Development Services during construction. 2. At the time of building pennits, additional geotechnical studies addressing the suitability of site soils for use as structural fill shall be prepared and submitted. The satisfaction of this requirement shall be reviewed and approved by Development Services. 3. The applicant shall comply with the -Geotechnical Engineering Study" prepared by Earth Consultants, Inc., dated August 30, 2004, regarding ·Site Preparation and General Earthwork" and -Utility Support and Backfill" The satisfaction of this requirement shall be reviewed and approved by Development Services during construction, utility work and building construction. 4. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control ReqUirements, outlined in Volume" of the 2001 Stormwater Management Manual. 5. All contractors are to be made aware of the potential presence of environmental contaminants and instructed to notify the property owner immediately if discolored, odiferous, or otherwise suspect soil is encountered during excavation activities. 6. If suspect soil is encountered during excavation activities, work in these areas is to be stopped until such time as a qualified environmental professional can assess the observed conditions and recommend corrective measures. 7. If the presence of environmental contaminants is confirmed within the suspect soils at concentrations exceeding applicable MTCA cleanup levels, then (a) those soils are to be handled and managed in accordance with MTCA and; (b) the work will be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance with MTCA. 8. The project shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Credit to be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. 10. The applicant shall pay the appropriate Traffic Mitigation Fee based on $7500 per each new average daily trip associated with the project. Credit to be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. 61., tJ 11. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot Credit to be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. 12. Evergreen and deciduous trees (i.e. Douglas fir, western hemlock, and big leaf maple) shall be planted on 15-foot centers within the 25-foot wide buffer along the east side of the stream. Two-gallon size tree stock shall be used. Planting should occur in the Fall to allow plants to develop roots over the Winter. The satisfaction of this requirement shan be subject to the review and approval of the Development Services Division. 13. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brighUy colored construction flags to indicate the boundaries of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction/utility permits. 14. After the development of roadway and ut~ity improvements. the applicant shall install permanent fencing (Le. split-rail fence or other approved barrier) and signage along the entire edge of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. LEGAL DESCRIPTION PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST V4 OF THE NORTHWEST V4 OF THE NORTHWEST V4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS THE SOUTH I to FEET OF THE EAST 215 FEET OF THE NORTH ~ OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELB: THE SOUTH ~ OF THE SOUTHEAST V4 OF HE NORTHWEST V4 OF THE NORTHWEST V4 OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR ROAD; (ALSO KNOWN AS THE SOUTHERL Y ~ OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELC: THE NORTH ~ OF THE SOUTHEAST V4 OF THE NORTHWEST V4 OF THE NORTHWEST V4 OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS THE NORTH ~ OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THE SOUTH 110 FEET OF THE EAST 215 OF SAID TRACT 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Q:web/pw/devserv/fonns/planning/maslerapp.doc ... u.i to (j ~ a r:J " ~dO n",U ® - ,oN ® , .... , a :! , ® !:! ® ) '- SI-. 0<' ® ® --zt ® Q ~ ti 4: a '" N .; o~ 4: <£ <> '" N ~ R-IO R-8 ..c:: -+-> N 0 ;S -.;:ft ~( ...--i ~ ~ ~ f.4 ~ ~ ~ , t::t V) t-l .. ~ RMH SE 142nd St. RC(P) (P) G6 # 22 T23N R5E W 112 ZONING F6 15 T23N R5E W 1/~15 LUA05-0~O CIT" ::>F RENTON Kathy Keolker-Wheeler, Mayor PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator September 26, 2005 David L. Halinen Halinen Law Offices, PS McCarver Square 2115 North 30th Street, Suite 203 Tacoma, W A 98403 SUBJECT: ELMHiJRST FINAL PLAT -LUA-05-090-FP 2ND REVIEW Dear Mr. Halinen, Staff has reviewed the recent submittal of the above referenced plat and has made the following comments. Final Plat Recording Concerns: 1. The Bremerton Ave NE street vacation (ordinance number unknown) needs to be recorded before the subject plat can be recorded. 2. The ordinance number and the recording number for the Bremerton Ave NE street vacation, when recorded, needs to be inserted in the spaces already provided in the legal descriptions for Parcels A, Band C, as shown on Sheet 3 of 5, 3. The address for Lot 28 is noted as "4429" (Sheet 2 of5). Said address should be noted as 4427. 4. The address for Lot 23 is noted as "4433". Said address should be noted as 4333. 5. The geometry of the overall plat perimeter does not close. 6. The geometry for the block containing Lots 30-48 does not close. 7. There is a bearing missing for the lines common to Lots 53 and 63 and Lots 52 and 64. There are other minor inconsistencies within the block containing Lots 49-64. 8. See the attachment for a deletion to be made to the Native Growth Protection Easement block (Sheet 4 of 5). 9. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. 10. Note the date of the title report referenced in Item No.2 under "Surveyor's Notes" (Sheet 3 of 5) in the space provided. 11. Submit an updated Plat Certificate after the street vacation has been completed and recorded. 12. Add lot square footages on the plat map. -TC'"'\:\HFr:amrdnw;;;Coirtrk'll'\Emlmn:-Fr:H~m;ij0E51!1SI1ili§lrb'u'T1iI!m~-eilm~triFcf'l'fyr.;;ewgE1l'i"'9!ffip_mpre:iF~;;;;~rg-ri1m~~il'!c7~W::~h:-::i-ng-t-on---:9-=-80-:-5::-C5-------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE September 26, 2005 Page 2 13. Add square footage being dedicated as right-of-way. 14. Make sure Tract B language on sheet 4 of 5 complies with code requirements for critical areas (e.g. omit sentence under "Native Growth Protection Area" heading on sheet 4 of 5 that states that Homeowners are allowed to install landscaping within the tract). 15. Submit new PMT once changes have been made. Plan Review Final Plat Comments: 16. On sheet 4 under Protective Covenants, Conditions, Easements and Restrictions delete the last sentence (Note that ... by law). Fire Prevention Comments: 17. All roadway and street signage work needs to be completed. General: IS. Have not received comments/documentation for items 1'S-25 frommy letter to you dated August 22,2005. ' If you have any questions please contact me at 425430-7pS. Thank you for your cooperation:, Sincerely, ngmeer Development Services Division cc; Kayren Kittrick Lua 05-090FP f I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to ELMHURST HOMEOWNERS ASSOCIATION alan WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 7115/2005 UBI Number: 602-521-663 APPID: 367889 ("-.-, ' , 2005 ~1~~~' ~ 'I , "--.,-. -~,' ~ --. ---.. ,-----.., .~"......" . Given under my hand and the Seal or thl:: State of Washington ut Olympia, the State Capital Sam Rc.(.'d, Secretill)' of Stutc ..... tII • PluM PIUNT 01 T'lPe 1ft bI-* "* " SIgn." Md I'IUII~""_ --~""",pLICAnON TO FORM A FILED R9F1T CORPORAnON ETARY OF STATE jPIIr--.... 1at'J SAM REED FEI!: $30 ... ....., .. ~_ ..... t •• _ ..... ........ ,July15,2005 ... _--_., ...... ........ . ...-----. . CORPORAl1ONS 0l\Il80. 50S E. UNION· PO BOX 4023' OLYMPIA, WA. ~ STATE OF w.~~.et..:-.--.-.,r--~~~~~~ R!D; , WI; 602 521 6 , De tuft 10 1ncIudI_ ..... CMcb II10uId be mid • .,.,... 10 ~ t#"" .PORTANtI "--III CIOI'IIIt.,. iii .... S ttE JZ.rz I JLI M P /... FE /Z. ARnCa.e8 OF INCORPORATION fWQ!0I /MI1...,.1IIt ..... ..,.... . r ~·.!""""!"!"'·cr~· MI.r-aw.tt • .,... .......... COfIPOAA'I"ION ~ ..... ·1I-ELMHuRST~~~~S ASSOCIATION a'I'liCTIIIE ~""""" ••• "'''''''''''rlfIf ..... ..,. .. ~tII_} ~'MOF ,Ca"upcn ~ by'" Secntary of Stat. 1NC~11OtoI D~DIIIe: . Te1(WQF (QtC* --anM I5XI8T1%NC.e j2"Perpetu.I 0 v.,. ~~/Ullllrtll~ ~E FOA WHO! lH& NONPIIIIOFtr C()RPOIftATiOH I$ORGAHIZID: /If~""'''''~ rtomeowne-r.s Irssoc;atiVn IN THE iV£NT'0I' A YOLLM'AAVOISSOWnOH. nE 111fT AISSen WUBt; OIlmllIUTSOAS FOU.oWs:"'~ ~ ........,~) SEE ATTACHED NAAI~ ANO AOORI:as CJlf' WASHINGTON STATE REGII1B£D ~EHT NAma M Ie ttA E L :r. PE \..\f f? B 0 IZ.. "l_ s.....~~t'c; € Mn~'E)G ~ ft.fN'C. PO &air f'OPI;n.Ir-"-N" UIIIf CiI)'.",..,......,,--------.,,.,.,... ....... ZlPJ ___ _ AdCIItIe ______________ Clr ___ -___ steIt_ZJII ___ _ NAMESANDADORESS&I 011" EACH IMeOIU'OAATOA (W1tItI»IUIJI. .... """'-.....,,,,,,..,.,,,01''''' ...--,~., NIIIM MIt/HOEk J. fEV\~gSDRN Ad"'''' 1-1 CO E· m@(,e 12. SIGNA'tVIE 01' ,NCORPOAATOA, TNe .......... ,.".,.", ..... ...., •• o ,. • " • · . , I c: • u • • ~ " L Y -... ARTICLES OF INCORPORATION OF ELMHURST M.J.F Holdings, Inc., acting as Incorporator of a Corporation under the provisions of the Washington Non-Profit Corporation Act (RCW Chapter 24.03), does hereby adopt and certify the f~lIowing Articles of Incorporation: I. NAME The name of the corporation shall be ELMHURST Homeowners Association (Association). II. PURPOSES AND POWERS The purposes for which this corporation is formed are: a) To establish, maintain, operate and control facilities for the amusement, recreation, health and welfare of the members of the Association. b) To own, purchase or otherwise acquire, construct, improve, develop, repair, operate, regulate and maintain and/or dispose of the common areas, streets, roadways, easements. parkways. recreational areas, footways. water system utilities, and in general, community improvements appropriate for the use and benefit of its members. 4' (c) To acquire by gift, purchase, lease or otherwise, and to own, hold enjoy, operate, maintain and to convey, sell, lease, transfer, mortgage and otherwise encumber, dedicate for public use, and/or otherwise dispose of real and/or personal property or any interest therein. (d) To fix, establish, impose, levy and collect such fees, dues, charges and/or assessments as may be necessary in the judgement of the Board of Directors, to carry out any and all of the purposes for which this corporation is formed. e) To expend the moneys collected by this Association from assessments, fees, dues and charges and other sums received for the payment and discharge of costs, expenses and obligations incurred by this corporation in carrying out any or all of the purposes for which this corporation is formed, including the payment of taxes or assessments which may be levied by any public authority. f) To borrow money and mortgage, pledge or hypothecate any and all real . or personal property of this corporation as security for money borrowed or debts incurred; to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members. g) To make contracts and incur liabilities. h) To grant easements, leases, licenses, and concessions through or over the Common Areas, and petition for consent to the vacation of streets and alleys. f' i) To participate In mergers and/orconsolidations with other non-profit corporations organized for the same purposes, or annex additional residential property and common areas. j) To make donations for the public welfare or for charitable, scientific or educational purposes. k) To institute, defend or intervene in litigation or administrative proceedings in its own on behalf of itself or two or more Lot Owners on matters affecting the Association. I) To exercise all other necessary, desirable or useful powers described in RCW 24.03 and RCW 64.38 (or as amended) in carrying out the objectives of this corporation. m) The objectives of the corporation shall be construed both as purposes and powers, and their enumeration shall not be construed to limit or restrict in any manner the general powers of the corporation, nor shall the expression of anyone thing be deemed tQ exclude another not so expressed. II. DURATION The corporation shall continue in perpetuity or until dissolution pursuant to law. ·f • .. Ill. BYLAWS The property, voting and other rights and privileges, and liabilities for charges and assessments of the members shall be set forth in the Bylaws of the Association . IV. NON·PROFIT PURPOSE The Association is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes, and no part of any net earnings thereof shall inure to the benefit of any member or any other individual. V. DIRECTORS The management of the corporation shall be vested in the Board of Directors; the number, qualifications, manner of election. period of service, time and place of meeting, and powers and duties of directors shall be such as prescribed by the Bylaws of the corporation. The number of directors constituting the initial Board of Directors is FOUR. The name and addresses are; (1). Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032 (2). Amy K. Feuerborn, 215 East Meeker, Kent WA 98032 (3). Walter W. 8abb, 215 East Meeker, Kent WA 98032 (4). Shem L. Rimpler, 215 East Meeker, Kent WA 98032 ;, The members of the initial Board of Directors shall hold office for a period of one year or until their successors are elected and take office in the manner prescribed in the Bylaws. VI. DISSOLUTION In the event that this Association is dissolved by voluntary action or otherwise, the net assets of the Association shall be distributed to the members of the Association in the same proportion as their then existing ownership of membership of this Association, as set for the in the Bylaws. VIII. INCORPORATOR The name and address of the Incorporator of the corporation is Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. VII. REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation shall be 215 East Meeker, Kent, WA 98032. The name of the initial registered agent of the corporation at such address shall be Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. . I • IN WITNESS WHEREOF, the under signed, being the Incorporator of the corporation, has on this L day of ~ l«l!( hereunto set its hand and seal in duplicate. STATE OF WASHINGTON COUNTY OF KI/UC, ) ) ss. ) I certify that I know or has satisfactory evidence that tIt~J Feuex..dtJt.(2 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the f't!?5. of. ~?..I··{llt.L.lL":>-r /.Ia}I<..ez;wAJ~ ~SOC/rl7IOYL to be the free and voluntary act for the uses and purposes mentioned in the instrument. DATED this I <-I 'day of 0u LLj , Zoo)-: -., ......... '''' ..... ,,\, .. 4>" §\\ L. HI/I .. "~t _ .. ~~ , ....... :",,¢ I, '.J !' if,,·;~"~S\ON ~" "t~;;.;:=;::..o:;;-_____ _ .. ..~ OTAR ~'. , [ [8 ~ _._Y ~1 l -Shl::1 L· ~/HJP~ (Name) ~ <1\ ~. "USL\C ! ~. NOTARY PUBLIC, in and for the state of Washington, \ :;. .... ."" ~; residing at: b'"'ll f::SlJOc)/) '\Jj.~~:~9:.9~··~c§-.; My Commission Expires: 09·30.0;:)- """ F WA.sv.~ ...... ~ "\\~,~"" .. ,,, BOARD OF PUBLIC WORKS 8:30 3.m. Renton Municipal Building Wednesday, October 5, 2005 Conference Room 511 IN ATTENDANCE: Neil Watts, Chairman of the Board VISITORS: Dave Christensen, Utilities Engineering Supervisor Larry Meckling, Building Official Jim Gray, Assistant Fire Marshall Juliana Fries, Engineering Specialist Katie McClincy, Police Commander Linda Moschetti, Recording Secretary Rich Wagner, Bayus Architects Dave Halinen, Halinen Law Offices Michael Merlino, Gary Merlino Construction Gordon Lee, Road Construction Northwest Brian Minard, Road Construction Northwest MINUTES 1. CALL TO ORDER: Chairman Watts called the meeting to order at 8:40 a.m. 2. APPROVAL OF MINUTES: Moved by Meckling, seconded by Christensen to approve meeting minutes dated September 14,2005, as presented. 3. REQUESTED ACTION: ON-SITE DEFERRAL, ELMHURST PLAT, LUA 05-090, 201 Bremerton Ave NE -The applicant requests a deferral for fencing around storm water pond, fencing and signage, landscaping for Tract A, streetlights, curbs, gutters, sidewalks, asphalt paving and survey monuments. Discussion: Dave Hallinen, attorney for applicant amended the applicant's request stating that the applicant, Gary Merlino Construction Company and Dreamcraft Homes will be able to accommodate the City's recommendation on deferred items and timelines. Applicant agreed to the following conditions: 1. The applicant will provide sufficient temporary drainage measures and erosion control until final lift of asphalt is installed. 2. The applicant will provide separate security devices acceptable to the Board to cover the deferred items. Security devices shall be in place prior to recording of the plat and shall cover 150% of the costs of the deferred improvements. Board of Public Works Minutes October 5, 2005 - Page 2 of2 3_ The following items shall be deferred until December 16,2005: • Fifteen streetlights, including foundations, poles, and luminaries • Approximately 18,970 square feet of sidewalk and driveway aprons • Setting of lot corners The following item shall be deferred until January 13,2006: • AsbuiIt submittal The remaining items shall be deferred until September 30, 2006: • Final two-inch lift of asphalt • Setting of survey monuments The following items were not deferred: • Approximately 381 lineal feet of fencing around Tract A (storm pond) • Approximately 916 lineal feet of fencing along the stream buffer and required signage • Landscape plantings for Tract A and along the stream buffer • Final grading • Gravel street base material • Approximately 3,800 lineal feet of curb and gutter • Six inches of base material and the first two inches of asphalt • Street signs It was moved by Christensen, seconded by Meckling. MOTION CARRIED. RIGHT-OF-WAY USE PERMIT, FIRST SAVINGS BANK, Sign Permit No. S050222, 201 Wells Ave South -The applicant requests a Right-of-Way Use Permit for the installation of two projected signs and two marquee signs. Discussion: The Board and applicant agreed this was a very basic request but due to City Code, the request had to be submitted to the Board for approval. It was moved by Christensen, seconded by Meckling. MOTION CARRIED. 4. ADJOURNMENT: Chairman Watts adjourned the meeting at 8:55 a.m. CITY OF RENTON PLANNING I BUILDING lPUBLIC WORKS MEMORANDUM Date: September 20, 2005 To: City Clerk's Office From: Stacy M. Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Elmhurst Final PIc¥: LUA (file) Number: LUA-05-090, FP Cross-References: LUA04-162 -Elmhurst Preliminary Plat AKA's: . Project Manager: Juliana Fries Acceptance Date: August 8, 2005 Applicant: Gary Merlino Construction Co., Inc. Owner: MJF Holdings, Inc. Contact: David Halinen, Halinen Law Offices, PS PID Number: 5182100049;5182100050;5182100051 ERC Decision Date: ERC Appeal Date: Administrative Denial: 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: Location: Comments: ·:re t<athy t<eolke.r-Wheeler. Mayor September 15, 2005 David L. Halinen Halinen Law Offices, PS McCarver Square 2115 North 30th Street, Suite 203 Tacoma, W A 98403 ., CITY JF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: ELMHURST FINAL PLAT -LUA-05-090-FP PLANNING REVIEW COMMENTS Dear Mr.Halinen, Planning has reviewed your submittal of the above referenced plat and landscape plans and has made the following comments. 1. ERC Mitigation Measure No. 12, requires that the applicant plant evergreen and deciduous trees IS-feet on-center within the 25-foot wide buffer along the east side of the stream; using 2-gallon stock. In addition the planting is to be accomplished during the Fall to allow plants to develop roots over the Winter. The proposal submitted by the applicant's Landscape Architect (Sheet Ll) shows spacing generally at 15 feet on-center. However, the Cedrus deodara trees are indicated at 20-feet on~center, and the Acer buegeranum are shown at 30- feet on-center. The plan should be revised to meet the ERC condition. 2. The landscape plans indicate that drought-tolerant plants will be used. While irrigation is not required due to the selection of drought-tolerant plant materials, the applicantis encouraged to water plants during the first two years to improve plant survival. 3. The proposed split-rail fence and solid wood fence details are approved as shown on Sheet L2, Landscape Plans, Details and Specifications. 4. The proposed sign as shown in the Civil Drawings-Grading Details and Notes is approved. If you have any questions please contact me at 425-430-7278 or Jennifer Henning at 425-430-7286. Thank you for your cooperation. Sincerely, cc: Kayren Kittrick Lua 05-090FP ------1-O-55--So-u-th-a-r-a-:-dy-W.-a-y---R-e-nt-o-n,-w.-a-sh-i-ng-t-on-98-0-5-5------~ * This paperoontains 50% recycled material, 30% post consumer AHEAD OF THE CURVE PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: September 14, 2005 Juliana Fries TO: FROM: Jennifer Henning (425) 430-7286 Q'\V1 Elmhurst Plat (File No. LUAOS-090, FP) SUBJECT: I've reviewed the final plat drawings for compliance with the Environmental Review Committee's (ERC) Mitigation Measures, and conditions required by the Council via the Hearing Examiner's recommendation. Following are my comments: 1. ERC Mitigation Measure No. 12, requires that the applicant plant evergreen and deciduous trees 15-feet on-center within the 25-foot wide buffer along the east side of the stream; using 2-gallon stock. In addition the planting is to be accomplished during the Fall to allow plants to develop roots over the Winter. The proposal submitted by the applicant's Landscape Architect (Sheet Ll) shows spacing generally at 15 feet on-center. However, the Cedrus deodara trees are indicated at 20-feet on-center, and the Acer buegeranum are shown at 30-feet on- center. The plan should be revised to meet the ERC condition. 2. The landscape plans indicate that drought-tolerant plants will be used. While irrigation is not required due to the selection of drought-tolerant plant materials, the applicant is encouraged to water plants during the first two years to improve plant survival. 3. The proposed split-rail fence and solid wood fence details are approved as shown on Sheet L2, Landscape Plans, Details and Specifications. 4. The proposed sign as shown in the Civil Drawings-Grading Details and Notes is approved. -sheer coq/~ h:\division.s\develop.ser\dev&plan.ing\jth\elmhurst final plat.doc City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Plan t)eViw COMMENTS DUE: AUGUST 22, 2005 APPLICATION NO: LUA05-090, FP DATE CIRCULATED: AUGUST 8,2005 APPLICANT: Gary Merlino Const. Co., Inc. PROJECT MANAGER: Juliana Fries PROJECT TITLE: Elmhurst Final Plat PLAN REVIEW: Jennifer Henning SITE AREA: N/A BUILDING AREA (gross): N/A LOCATION: 201 Bremerton Avenue NE I WORK ORDER NO: 77457 SUMMARY OF PROPOSAL: Final plat of Elmhurst Plat with 64 single-family residential lots. The plat includes installation of sanitary sewer main, water main, storm drainage system, sidewalks, streetlighting, landscaping, and signs. 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 Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation 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 areas where add/ 'onal informati • s [Ie de properly assess this proposal. .' We have review d this apPlicat~'O with particular attention to those areas in which we have expertise and have identified areas of probable impact or , 11 "\ 0et ICfl ZtJ05 Date II HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. Halinen, P .E. davidhalinen@halinenlaw.com McCarver Square 2115 N. 30th Street, Suite 203 Tacoma, Washington 98403-3397 Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 September 12, 2005 HAND-DELIVERED City of Renton Development Services Division 1055 South Grady Way, Sixth Floor Renton, Washington 98055 Attn: Juliana Fries, P.E., Development Review Engineer Re: Elmhurst Final Plat (City of Renton File No. LUA-05-090-FP) Second Submittal of the Final Plat and Response to Your August 22, 2005 Letter Concerning the Initial Submittal Dear Ms. Fries: In follow-up to our phone conference last Friday morning, I am herewith forwarding you the following materials: (1) Three (3) sets of copies of the revised final plat sheets; and (2) Four (4) sets of copies of (a) the Certificate ofIncorporation from the State of Washington Secretary of State for the Elmhurst Homeowners Association, (b) the "Application to Form a Nonprofit Corporation" that was filed with the Washington Secretary of State and (c) the Articles of Incorporation filed along with the application. The following is a list of responses to each of your comment items 1 through 15 set forth in your letter dated August 22, 2005 responding to the initial submittal of the final plat. (Note that Centre Pointe Surveying provided me with the summary concerning items 1 and 3 through 10, below.) Response to Your Letter's "Final Plat Recording Concerns": (1) The City of Renton land use action number and land record number have been added to the sheets as requested. (2) As you now know, Assistant City Clerk Michelle Neumann has asked the City Attorney's Office to prepare the Street Vacation ordinance and the ordinance is being planned to go to the City Council for first reading on September 19th and for second and final reading on September 26th • City of Renton Development Services Division Attn: Juliana Fries, P.E., Development Review Engineer September 12,2005 Page 2 (3) The legal description for Parcel C has been modified at the City's request to list both of the "EXCEPT" clauses before the "TOGETHER WITH" clause. (4) Rebar and cap will be set at each comer as shown on the revised plat map. (5) Addresses have been added to each lot, per the City's assignment of address numbers. (6) Because the property's legal description is section subdivisional, there are no recorded bearings and distances of record and, thus, no discrepancies to note on the drawings. (7) Curves C3,C2,C15 and C16 are tangent curves. Tick marks have been added to the drawing to make clear that they are tangent curves. (8) The uses for Tract A and Tract B have been noted on the face of the drawings as requested. (9) Item Nos. 3 and 5 of the Additional Restrictions have been removed from Sheet 5 of 5 of the plat drawings. (10) Monument cards will be completed upon completion ofthe construction of the roadway improvements. Response to Your Letter's "Plan Review Final Plat Comments": (11) We acknowledge that an updated Plat Certificate (Subdivision Guarantee) will need to be submitted. However, it seems to us that it may be better to wait on obtaining and sUbmitting it until the Street Vacation Ordinance has been approved by the City Council and recorded with the King County Recorder. That way, the title insurance company will be able to update the legal description to reflect the recorded Street Vacation Ordinance. Because the City Council will be approving the final plat either (a) the same night it approves the Street Vacation Ordinance or (b) a week later, we hereby request that we be allowed to submit the updated Plat Certificate (Subdivision Guarantee) prior to City signatures on the final plat mylars rather than prior to City Council approval of the final plat. Please advise as to whether that will be acceptable. (12) As noted above, herewith submitted are four (4) sets of copies of (a) the Certificate of Incorporation from the State of Washington Secretary of State for the Elmhurst Homeowners Association, (b) the "Application to .: . . City of Renton Development Services Division Attn: Juliana Fries, P.E., Development Review Engineer September 12,2005 Page 3 Form a Nonprofit Corporation" that was filed with the Washington Secretary of State and (c) the Articles of Incorporation filed along with the application. (13) As you know, on Wednesday, September 7, 2005, I emailed you a redlined, revised version of the Declaration of Covenants, Conditions and Restrictions. You advised me by phone last Friday that you have forwarded that version on to the City Attorney's Office for review and that we don't have to submit any sets of hard copies at this point in time. (14) Addressed as a part item (13), above. (15) On Wednesday, September 7, 2005, I emailed you the 8-112" by 11" Vicinity Map and Plat Map. You advised me by phone last Friday that those maps are acceptable and that submittal of hard copies will not be required. I will e-mail you the revised legal description. Please phone me at (206) 443-4684 if you have any questions. (If your questions relate specifically to survey matters, please phone land surveyor Steve Woods at Center Pointe Surveying at (253) 661-1901.) Sincerely, HALINEN LAW OFFICES, P.S. ~~'. *f~ lmen Enclosures cc: Centre Pointe Surveying, Inc. Attn: Stephen H. Woods, P.L.S. (without copies of enclosures) Gary Merlino Construction Co., Inc. Attn: Michael Merlino (without copies of enclosures) Gary Merlipo Construction Co., Inc. (without copies of enclosures) .).JfU: 7t4 Nt/hie, ?£ M.J.F. Holdings, Inc. Attn: Michael J. Feuerborn, President (with a full-sized set of the revised final plat) M.J.F. Holdings, Inc. Attn: Sherri Rimpler (without copies of enclosures) C:\CF\2009\074\Final Plat\Fries.LT2.doc I K w z > « Z 0 H Z ::::J NOT TO SCALE NE ELMHURST Vicinity Map 6TH ST w z > « NE 5TH ST --.J --.J « > NE 4TH ST :::J 0 W Z W > (f) « w z > SITE 0 « ---1 f- 0: I W l- L aJ W (TJ 0: ~ - QJ w z > « L « H :::J 0 0 I W (f) w > « I f-- '" '" ~ SE 136TH ST 33701 9th Avenue South Federal Way, WA. 98003 P · t (253) 661-1901 Oin e Surveying I K \ \ \ I I I I I I I I I I \ \ \ 14 15 16 17 18 \ \ \ \ \ 13 12 11 10 55 54 TRACT A ELMHURST Plat Map 9 8 7 61 62 ~ \ Ston .. t.r o.tenUon I Mohr QuIlUty Pond '?: \ \<), \ '<$) I"~ , , , " , '- NOT TO SCALE ----- 23 24 4 39 38 37 25 26 3 2 1 44 45 46 27 33701 9th Avenue South Federal Way, WA 98003 P · t (253) 661-1901 Oin e Surveying I, SAM REED, Secretary of State of the State of Washington and custodian ofits seal, hereby issue this CERTIFICATE OF INCORPORATION to ELMHURST HOMEOWNERS ASSOCIATION alan WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 7/15/2005 UBI Number: 602-521-663 APPID: 367889 ~~? 1 ~ 2005 Given under my hand and the Setll of \h~ Stale of WashingLon at Olympia, the State Capital Sam Rc.cd. Secretary of Slutc I ", • PINIII PIUNT ot ~E ... '*'* We " SIgn, dll811'1d I'IILIIn ~ 1M _ CORPOAA'T1ONS DM8~ 50S E. UNION • PO BOX 4OZ3' ot.YMPIA, WA. ~ • 1e ... 10 ..... I11III"'. Checb IhauId be mid. PIrtIIII tit "SecftteIy _ lAD· .PORUIm....-..,OOI'ImebOClt ...... S tt~ J2.f2 I g., M PI-IE /Z. --..... ~PLlcAnON TO FORM A FILED ETARY OF STATE SAM REED R9F1T CORPORAll0N ""~-IICW} FEE!: $30 "'1In11t~ __ ...... -_,........, .JuIy15,Z005 ...... ---............ ~ . ...-.--.... . STATE OF W.~IIa.~":"'---T----:-:~""':"::t"'"lI---.. __ ....., PUD; , Ul~ 602 521 6 ARnCU!8 OF INCORPORATION NANIiIOF (/IIII'CIIftIIIIs .......... ..,,,.,. "L'·.~·cr~' __ a.IIh • .,...~ .... CON'CftATICH ~.lIaMHuRsT~~~~S ASSOCIATION =~ ($IcIIItI ...... ",.y .. "'-.... .,.",.,..,~.,.-.... ... ~tJf,., ftCCCIUttORA11Otf o SpedIIc Date: . . J2rupan ..;. ." the SecreIII)' d sta .. 11'1UfCIF {QItt* _1IaIr ~ 6XIS'mNCe j2'Perp.luaI 0 v.. "....b1IaIIf __ tJf~ PURfiO$E FOR WHOi ni& HONIW)f'Ir CC)RPOftAlIOH tSORGANIZlO: "'~ daIr"""~ rtome owne-r£ A-s,socia.-t-i vn IN 'ntE ev£NrCl' A VOl,LM'AA'lOISoSOWY1ON, T\E NeT AIIRTS WILL. O~At FOU.owsi ~~ ...,.........,~} SEE ATTACHED HAM!! ~ AOOAUS OIfW'-9HINOTON STATE ~ MJEMT NM18 M lett" E L '1, PE ~f J? B 0 12. N_ SfteI~~t~c; E Mn~'E~ ~ ft.fN-r, PO 8CIII ~-... ".., .... CII)' ..... -**-.I--------.. tw,.,.,..".., ... ZlPJ ___ _ ~ ______________ c.r-__ -______ ~ ___ _ NAMe$ANOADDADS&SOI'"gOfIMeolU'OAATQA (1I~"'/IMIII, .............. mttl..m """ftapn"-' N __ MICI1'b?k= J, FE~gSDRN Ad" ... j...15 ~. t11~~Q c~ I{v\rr "'~ZIP QfJOb2 , I ! , • II I II ~ y L Y , • • II , • , I i II ; CORPORATIONS ItoIlIORMATlON NlD AII8ISTANCII-380na.?118 trOD -~.017S3-""" -WI •. 0 ARTICLES OF INCORPORATION OF ELMHURST M.J.F Holdings, Inc., acting as Incorporator of a Corporation under the provisions of the Washington Non-Profit Corporation Act (RCW Chapter 24.03), does hereby adopt and certify the f~lIowing Articles of Incorporation: I. NAME The name of the corporation shall be ELMHURST Homeowners Association (Association). II. PURPOSES AND POWERS The purposes for which this corporation is formed are: a) To establish, maintain, operate and control facilities for the amusement, recreation, health and welfare of the members of the Association. b) To own. purchase or otherwise acquire, construct, improve, develop, repair, operate. regulate and maintain andlor dispose of the common areas, streets. roadways. easements, parkways, recreational areas, footways, water system utilities, and in general, community improvements appropriate for the use and benefit of its members. "I' (c) To acquire by gift, purchase, lease or otherwise, and to own, hold enjoy, operate, maintain and to convey, sell, lease, transfer, mortgage and otherwise encumber, dedicate for public use, and/or otherwise dispose of real and/or personal property or any interest therein. (d) To fix, establish, impose, levy and collect such fees, dues, charges and/or assessments as may be necessary in the judgement of the Board of Directors, to carry out any and all of the purposes for which this corporation is formed. e) To expend the moneys collected by this Association from assessments, fees, dues and charges and other sums received for the payment and discharge of costs, expenses and obligations incurred by this corporation in carrying out any or all of the purposes for which this corporation Is formed. including the payment of taxes or assessments which may be levied by any public authority. f) To borrow money and mortgage, pledge or hypothecate any and all real . or personal property of this corporation as security for money borrowed or debts incurred; to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members. g) To make contracts and incur liabilities. h) To grant easements, leases, licenses, and concessions through or over the Common Areas, and petition for consent to the vacation of streets and alleys. I i) To participate in mergers and/orconsolidations with other non-profit corporations organized for the same purposes, or annex additional residential property and common areas. j) To make donations for the public welfare or for charitable, scientific or educational purposes. k) To institute, defend or intervene in litigation or administrative proceedings in its own on behalf of itself or two or more Lot Owners on matters affecting the Association. I} To exercise all other necessary, desirable or useful powers described in RCW 24.03 and RCW 64.38 (or as amended) in carrying out the objectives of this corporation. m) The objectives of the corporation shall be construed both as purposes and powers, and their enumeration shall not be construed to limit or restrict in any manner the general powers of the corporation, nor shall the expression of anyone thing be deemed tQ exclude another not so expressed. II. DURATION The corporation shall continue in perpetuity or until dissolution pursuant to law. ~ I If III. BYLAWS The property. voting and other rights and privileges, and liabilities for charges and assessments of the members shall be set forth in the Bylaws of the Association. IV. NON-PROFIT PURPOSE The Association is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes. and no part of any net earnings thereof shall inure to the benefit of any member or any other individual. V. DIRECTORS The management of the corporation shall be vested in the Board of Directors; the number. qualifications. manner of election. period of service. time and place of meeting. and powers and duties of directors shall be such as prescribed by the Bylaws of the corporation. The number of directors constituting the initial Board of Directors is FOUR. The name and addresses are; (1). Michael J. Feuerbom. 215 East Meeker. Kent. WA 98032 (2). Amy K. Feuerborn. 215 East Meeker. Kent WA 98032 (3). Walter W. Babb. 215 East Meeker, Kent WA 98032 (4). Shem L. Rimpler. 215 East Meeker. Kent WA 98032 , . The members of the initial Board of Directors shall hold office for a period of one year or until their successors are elected and take office in the manner prescribed in the Bylaws. VI. PISSOLUTION In the event that this Association is dissolved by voluntary action or otherwise, the net assets of the Association shall be distributed to the members of the Association in the same proportion as their then existing ownership of membership of this AssOCiation, as set for the in the Bylaws. VIII. INCORPORATOR The name and address of the Incorporator of the corporation is Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. VII. REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation shall be 215 East Meeker, Kent, WA 98032. The name of the initial registered agent of the corporation at such address shall be Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. , ( • IN WITNESS WHEREOF, the under signed, being the Incorporator of the corporation, has on this ~ day 01 ~ lOO~ hereunto set its hand and seal in duplicate. STATE OF WASHINGTON COUNTY OFKI Iuq ) ) ss. ) I certify that' know or has satisfactory evidence that . Hte.urteLJ EeyeJt..dtllCl is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the "P,rL;5. of t::-?-I--(/'( .. u:: ... ~-r ~ez;wAJ~ A-sSOCP17/tJYL to be the free and voluntary act for the uses and purposes mentioned in the instrument. DATED this I c../ 'day of 0u lAt ' ZCC)--: .... ',,,"\,'''V· .. ''l' "'--"'~\L.H'It1.I'~1 ~ /,~~~~S\'6'i.ij;:.~ '\ ~ ~.J ~~'-~-~~. ~~~~~~------.......... ---.. ::!It OlAR ~'. , { [8 ~ _._Y ~\ l ..;5/1l:i L· i~/rt~~ (Name) ~ cP \ /)UBL\C f ; NOTARY PUBLIC, in and for the state of Washington, l ;.J. ... .... ~! residing at: 6:1"11 coaz.JCJO{J "'~~·O~:~9:.~~.·~cf-/ My Commission Expires: o9·30·0~-'11", po WASY.~ ..... -~ "\\,,, ........... ·:R CITY Kathy Keolker-Wheeler, Mayor To: From: Date: Subject: MEMORANDUM Juliana Fries, PBPW Lawrence 1. Warren, City Attorney September 12, 2005 Elm-Hurst Final Plat LUA 05-090-FP Restrictive Covenants F RENTON Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Sasha P. Alessi The Covenants, Conditions and Restrictions are approved as to legal form. LJW: scr cc: Jay Covington Kayren Kittrick -Po-s-t O-ffi-l-ce-B-o-x-62-6---R-en-to-n-, w.-as-hin-gt-on-9-g-0-S7---(4-2-S)-2-S-S--g6-7-g-/ F-J\X-(-42-S-)-2S-S--S-4-74-~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton, Washington 98055 PI . ~ ease prmt or type m ormatIOn Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. DECLARA nON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ELMHURST Reference Number(s) of Related Documents: N/A Additional reference #'5 on (2age of document Grantor(s) (Last name, first name, initials) 1. MJ.F. HOLDINGS, INC., a Washington corporation 2. Additional names on page __ of document. Grantee(s) (Last name first, then first name and initials) 1. MJ.F. HOLDINGS, INC., a Washington corporation Additional names on page __ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 through 64 and Tracts A and B of the plat of Elmhurst, as per plat recorded in Volume __ of Plats, Pages __ through __ , Records of King County, Washington. Additional legals are on Exhibit A of document. Assessor's Property Tax Parcel/Account Number D Assessor Tax # not yet assigned 5182100049,5182100050 and 5182100051 The AuditorlRecorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ELMHURST 2 THIS DECLARATION is made on the date hereinafter set forth by M.J.F. HOLDINGS, INC., a Washington corporation ("Declarant"), the owner of certain land situated in the State of Washington, City of Renton, King County, commonly known as ELMHURST, which is more particularly described as follows: Lots 1 through 64 and Tracts A and B of the plat of Elmhurst, as per plat recorded in Volume __ of Plats, Pages __ through , Records of King County, Washington. In order to ensure preservation of the gracious residential environment at ELMHURST, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall inure to the benefit of each owner thereof and to the benefit of the ELMHURST Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the ELMHURST Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to the ELMHURST Homeowners' Association, its successors and assigns. Section2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article VIII. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article III unless the language or context indicates otherwise. Section 3. "Properties" shall mean and refer to the real property described with particularity in Exhibit A. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. This term shall not include tracts designated on the face of the Plat. 2 3 Section 5. "Declarant" shall mean and refer to MJF Holdings, Inc., its successors and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. Section 6. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plat" shall mean and refer to the plat of ELMHURST as recorded in Volume of Plats, Pages __ through inclusive Records of King County, State of Washington. Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section 10. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagees or other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas designated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until (1) a date five years from the date of recording this Declaration or (2) the thirtieth day after Declarant has transferred title to the purchasers of the Lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article by written notice to all Owners, whichever date first occurs. During the Development Period, the Declarant shall appoint the Board of Directors of the Association. Section 2. Notices to Owners. Before the termination of the Development Period, the Declarant will give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the 3 4 purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of the number of lots as specified in the by-laws shall constitute a quorum. The Board of Directors and officers of the Association may be elected by a majority vote of said quorum. If a quorum is not present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Temporary Board. Declarant may in its sole discretion, and at such times as the Declarant deems appropriate, appoint a minimum of three persons who may be Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the Development Period, members of the Board of Directors need not be Owners. The Temporary Board shall have full authority and all rights, responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Section 4. Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed during the initial stages of development. Acceptance of an interest in a lot evidences acceptance of this management agreement. ARTICLE IV EASEMENTS, OPEN SPACES AND PRIVATE TRACTS Section 1. Drainage Easement Restrictions. Various drainage easements are indicated on the face of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not be permitted within drainage easements. The easements give the easement holder the right to enter upon said easements, and the area immediately adjacent to said easements, in order to effectuate the purposes of the easement, or to construct a hard surface road upon the easements. Section 2. Utility Easements. Various utility easements are des1gnated on the face of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas, cable television service and water. These easements give the easement-holders the right to enter upon these Lots at all times to effectuate the purposes of the easements. No utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility easement, which will interfere with such utility service. 4 5 Section 3. Storm Drainage. access roads. street lighting and common improvements. The Association shall always have the responsibility to maintain the plat drainage facilities, street lighting and common improvements unless these improvements either have been or are subsequently deeded or sold to a government agency for ownership and maintenance responsibility. (Also, see Section 5 of this Article IV.) Section 4. Structures Prohibited in Rights-of-Way. No structures may be placed in rights-of-way within the Plat. Section 5. Tracts public and / or private. Tract A is hereby dedicated to the ELMHURST Homeowners Association for ownership and maintenance. A non-exclusive easement for the installation, operation, maintenance, repair and reconstruction of a stormwater detention and water quality pond, other drainage facilities, fencing and landscaping (collectively, "Drainage Improvements") is hereby declared over, under, along and across Tract A. This easement shall run with the land, benefiting all of the Lots within this plat and burdening Tract A. The Drainage Improvements located within Tract A shall be owned, operated and maintained by the Elmhurst Homeowners Association until such time (if ever) the City of Renton assumes operation and maintenance responsibility for them. Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the Drainage Improvements located within Tract A, (a) the City of Renton shall have the right to enter Tract A to repair any deficiencies in such improvements in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responsibilities of some or all of the Drainage Improvements located within Tract A, the City of Renton shall have the right to enter Tract A to operate, maintain and repair the improvements at the City's cost. Tract B is hereby dedicated to the ELMHURST Homeowners Association for ownership and maintenance. A non-exclusive easement for the installation, operation, maintenance, repair and reconstruction of the portion of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek (an ephemeral stream) from the Drainage Improvements in Tract A is hereby declared over, under, along and across Tract B. This easement shall run with the land, benefiting all of the Lots within this plat and burdening Tract B. The Elmhurst Homeowners Association shall have the duty to maintain and repair Tract B, including without limitation the duty to maintain and repair when needed (1) the stream channel of the portion of Maplewood Creek lying within Tract B, (2) the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, (3) the fence along the east 5 6 and north edges of Tract B (including the City-required stream buffer notice signage on that fence) and (4) the trees planted in conjunction with this plat within the stream buffer along the east and north sides of Maplewood Creek within Tract B. Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, (1) the City of Renton shall have the right to enter Tract B to repair any deficiencies in such facilities in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responsibilities of some of all of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, the City of Renton shall have the right to enter Tract B to operate, maintain and repair the facilities at the City's cost. Section 6. Consequences of (1) Homeowners Association Dissolution or (2) Failure to pay property taxes for Tracts A & B. In the event that the Elmhurst Homeowners Association is dissolved or otherwise fails to meet its property tax payment obligations with respect to Tract A and/or Tract B for a period of eighteen (18) months following the date that property taxes are due to be paid to King County for those tract(s), then, in such event, (1) each of the Lots in this plat shall be deemed to have automatically assumed an equal and undivided ownership interest in Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automatically assumed a joint obligation to perform all of the maintenance responsibilities previously borne by the Elmhurst Homeowners Association including all of the financial responsibilities attendant thereto. ARTICLE V ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (1) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in accord with the following provisions. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the Lot at the time that the assessment fell due. Section 2. Purpose of Assessments. The assessments imposed by the Association shall be used (1) to promote the recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the Recreational area(s) or other tracts dedicated to the Association within the Plat, (3) for legal fees or damages incurred in any action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners' Association is named as a 6 7 party, (4) for legal fees incurred by the Homeowners Association, (5) for any other reasonable expenses incurred by the Homeowners' Association. Section 3. Annual Assessment. The initial annual assessment shall be $ 180.00 per Lot payable in one annual payment; six percent of the assessment shall be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association or by a Professional management firm. Such allocated funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities, which are described with particularity in the Bylaws of the Association. The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat management costs, (4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increases in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increases in the annual assessment thirty days before the date that the assessment becomes effective. (a) After the Development Period expires, any increases in the annual assessment, which exceeds 10 percent, requires the vote of the members of the Association. (b) After the Development Period expires, any increases in the annual assessment, which exceeds 10%, requires the approval of 51 % of the members of the Association. (c) After the Development Period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement to the Recreational area(s) within the Plat including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 51 percent of the members of the Association who are voting in person or by proxy at a meeting held duly called for this purpose. Any capital improvements, which exceed $15,000, must be approved by 51 percent of the Owners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred in any action in which a member of either the Board or the Architectural Control Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Homeowners' Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the consent of 51 percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. 7 8 Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and nor more than 60 days in advance of the meeting. At the first meeting called, the presence of 51 percent of the members of the Association or of proxies entitled to cast 51 percent of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment, Due Dates. The annual assessments described in this Article shall commence on January 1, 2005. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the Quarterly assessment shall be sent to every Owner subject to such assessments. The Board of Directors shall establish the due date. The Association shall, upon demand and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9.Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Recreational area(s) or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed 60 days for any infraction of the of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 10. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments, which become due 8 9 prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Owners shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. (at Street Trees. The street trees planted within and I or abutting individual Lots shall be owned and maintained by the Owners of said Lots and the trees planted within and I or abutting the private and public tracts within the Plat shall be owned and maintained by the ELMHURST Homeowners Association. (b). Refuse. All Lots shall be kept free of debris. All refuse shall be kept in sanitary containers screened from view of any Lot in the Plat; the containers shall be regularly, emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. (c). Storage of goods and Vehicles. 1.) Owners may not store goods or equipment in open view of any Lot, or portion of the Community, or allow others to do so. No house trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck or commercial vehicle (larger than one ton), self contained motorized recreational vehicle, or other type of recreational vehicle or equipment, may be parked or stored in ELMHURST unless such parking or storage is within the garage area of any Lot or is suitable screened from view in accordance with the requirements of the Architectural Control Committee, except that any such vehicle may be otherwise parked as a temporary expedient for loading, delivery, or emergency, but not over night. This restriction, however, shall not restrict trucks or other commercial vehicles, which are necessary for the construction or for the maintenance of any portion of ELMHURST or any improvements located thereon. No overnight "on street" shall be permitted on any roadway or street in ELMHURST where such parking is prohibited by King County, The City of Renton or where the Board has prohibited such parking. No overnight "on street" parking of any personal passenger vehicles shall be allowed on any road, shoulder, within any private road right of ways, cul-de-sac, turnaround or their prospective right of ways at ELMHURST Personal passenger vehicles are defined as but not limited to autos, vans, trucks, motorcycles and all similar vehicles used primarily and regularly for transportation by the occupants of the lot or their guests. 2.) Except as herein provided, no abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked in ELMHURST. An "abandoned or inoperable vehicle" shall be defined as any automobile, truck, motorcycle, or 9 10 other similar vehicle, which has not been driven under its own propulsion for a period of (48) hours or longer, or does not have an operable propulsion system installed therein, or which is not currently licensed and registered. 3.) In the event the Association shall determine that a vehicle is parked or stored in violation of subsections (1) or (2) of this section, then a written notice describing said vehicle shall be personally delivered to the owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be reasonably ascertained), and if the vehicle is not removed within twenty-four (24) hours thereafter, the Association shall have the right to remove the vehicle at the sole expense of the owner thereof. 4.) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any vehicles, trailers or boats, may be performed or conducted in ELMHURST unless it is done within completely enclosed structure(s) which screen the sight and sound of the activity from the street and from adjoining property. The forgoing restriction shall not be deemed to prevent, on a lot, washing and polishing of any motor vehicle, boat, trailer, motor driven cycle, or other vehicle, together with those activities normally incident and necessary to such washing and polishing. (d). Temporary Parking by Owners. This section does not prevent Owners from parking passenger automobiles and trucks on driveways when the Owners are out of town. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section 3. Lot Maintenance by the Association. In the event that an owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the ELMHURST community, the Board shall, upon receipt of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Board shall be required to have the assent of 51 percent of the members before undertaking such repairs. Section 4. Construction Exemption. This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles by the Declarant or its contractors during the Development period. 10 ARTICLE VII HOMEOWNERS ASSOCIATION 11 Section 1. Nonprofit Organization. The Association is a nonprofit corporation under the laws of the State of Washington. Section 2. Membership. Every Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the ELMHURST Homeowners' Association and RCW 64.38. ARTICLE VIII MANAGEMENT BY BOARD Section 1. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of the permanent Board of Directors, the new Board shall adopt Bylaws. The Board will make copies of the Bylaws available to Lot Owners upon request. Section 2. Terms. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and the powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: (a) Insurance. Obtain policies of general liability insurance. (b) Legal and Accounting Services. Obtain legal and accounting services if necessary for the administration of the Association affairs, administration of the Recreational area(s) within the Plat, or enforcement of this Declaration. 11 12 (c) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (d) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof, which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational area(s) within the Plat rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (e) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (f) Right to Contract. Have the exclusive right to contract for all goods and services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to Association approval. (g) Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot) If the repairs or maintenance activity were necessitated by the Owner of the Lot entered, in which case the cost shall be specially assessed to that Lot. If another Owner of another Lot caused the emergency or the need for maintenance or repair, the cost thereof shall be specially assessed against the Owner of the other Lot. (h) Promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (i) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. G) Employment of Manager. Employ a manager, an independent contractor, or such other employees, as the Board deems necessary and describe the duties of such employees. 12 13 (k) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational area(s) within the Plat and the Association. (I) Impose Assessments. Impose annual and special assessments. (m) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (n) Legal Actions. Commence legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The board also has the authority to defend against legal actions initiated against the Association. (0) Exercise of Powers. Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE IX LAND USE RESTRICTIONS Section 1. Residential Restrictions. All lots within the Properties shall be used solely for private single-family residential purposes. Each residence must have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for more than one family. No Lot ih ELMHURST shall be further divided. Section 2. Property Use Restrictions. No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee deSignated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot nor in any common areas or Recreational area(s), nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers recreational vehicles and disabled vehicles of any kind. Section 4. Fences, Walls & Shrubs. Fences, wall or shrubs are permitted to delineate the lot lines of each Lot, subject to (1) The approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere 13 14 recorded. No barbed wire or corrugated fiberglass fences shall be erected on any Lot. All fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front yard setbacks. Fences or rails shall be erected and maintained at the top of any area where they create a vertical or nearly vertical retaining wall or slope over three feet (3'). Section 5. Temporary Structures. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. No vehicles parked in public right-of-way may be used temporarily or permanently for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permisSible if the storage tank is buried. Section 7. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot except one sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. A builder to advertise the property during the construction and sale period also may use signs. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish, and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to run at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails, Recreational area(s) and rights-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner 10 days' written notice of the violation. The Owner must remedy such violations within 10 days. Failure to comply with the written notice will result in a fine of $25 per day. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLE X BUILDING RESTRICTIONS Section 1. Building Materials. Homeowners who do not have MJF Holdings, Inc. or the contractor MJF Holdings, Inc. deSignated to construct homes for it ("MJF Holdings, Inc. Contractor) shall be obliged to use materials of a quality equivalent to those materials which MJF Holdings, Inc. Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the Committee will require that such materials be replaced. The (1) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials are of equivalent quality. 14 15 Section 2. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local government authority and written approval of such permits from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XII). Section 3. Codes. All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and King County codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping, shall be completed within eight months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 5. Entrv for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours notice during the construction or exterior remodeling, enter and Inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may be constructed on any Lot other than by a contractor licensed as general contractor under the statutes of the State of Washington without the prior approval of the Committee. ARTICLE XI UTILITIES Section 1. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. (Committee"). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less than three and not more than five members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function, or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the Board shall perform the functions of the Committee until such time as the Board shall appoint and designate the Committee. The Committee shall be 15 16 appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures (e.g., garden sheds, tools sheds, doll houses, tree houses, gazebos, and playground equipment), fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, basketball courts, basketball hoops, tennis courts, swimming pools, bath houses, animal pens, or enclosures), or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials, and location of the structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee also shall review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. Section 3. Membership. The Board shall deSignate the Committee. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. The Committee may unanimously deSignate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters and discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identity of the Lot involved, and the following information about the proposed structure: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grade; (c) The general design; 16 17 (d) The interior layout; (e) The exterior finish materials and color, including roof materials; (f) The landscape plan; (g) Other information which may be required in order to determine whether the structure conforms to the standards articulated in the Declaration and the standards employed by the Committee in evaluating development proposals. Section 9. Plan Check Fee. All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee of $100 will be charged to review plans and specifications for Residences. A fee of $25 will be charged for the review of other structures. Section 10. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height, configuration, and landscaping of the proposed structure harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in ELMHURST, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The Committee shall decline to approve any design, which fails to meet the above-recited standards and any other aesthetic standards promulgated by the Committee. The Committee will not approve temporary or non-permanent structures. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. The Committee is not required to review plans and specifications for homes constructed by MJF Holdings, Inc., or MJF Holdings, Inc. Contractor. Section 12. Approval Procedures. Within 30 days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications, which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. Section 13. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications, which it reviews, comply with local building codes and requirements. The Committee shall be held harmless in the event that a structure, which it authorizes, fails to comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect 17 · . 18 in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 14. Variation. The Committee shall have the authority to approve plans and specifications, which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such legal action or appeal. ARTICLE XIII GENERAL PROVISION Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial 30-year period if 51 percent of the members vote to amend particular provisions of either instrument except for those items in Article IV Sections 3 and 5 may not be amended as it relates to storm drainage facilities, street lighting or common improvements, unless the assignee and the City of Renton consent in writing. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of 51 percent of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. All amendments must be filed with the office of the King County Records Department or its successor agency. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. 18 · ., 19 In any legal action commenced in order to enforce the provIsions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. The invalidity of anyone or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid; this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. 19 20 IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set his hand and seal this day of , 2005. STATE OF WASHINGTON COUNTY OF KING ) )ss, ) MJF Holdings, Inc. Declarant By: ____________________ __ Michael J. Feuerborn President On this day of ,2005, before me, the undersigned, a notary public in and for the State of Washington, personally appeared Michael J. Feuerborn, President of MJF Holdings, Inc, a Washington corporation, the corporation that executed the within and foregoing instrument, and he acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. ______________ CPrinted Name) Notary Public in and for the State of Washington Residing at: _______________________ _ My commission expires: ______________ _ File. CCR's Standards/ELMHURSTlDreamCraft Homes/sr 20 ',:1( Kathy Keolkcr-Wheeler, Mayor August 22, 2005 David L. Halinen Halinen Law Offices, PS McCarver Square 2115 North 30th Street, Suite 203 Tacoma, WA 98403 CITY. RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E.,Administrator SUBJECT: ELMHURST FINAL PLAT -LUA-05-090-FP Dear Mr.Halinen, Staff has reviewed the recent submittal of the above referenced plat and has made the following comments. Final Plat Recording Concerns: 1. Note the City of Renton land use action number and land record number, LUA-05-090-FP and LND-1O-0427, respectively, on all final plat-drawing sheets, preferably in the upper right-hand comer. The type size used for the land record number should be smaller than that used for the land use action number. 2. What is the status of the street vacation regarding a portion of Bremerton Avenue NE? Said vacation must be approved and recorded before this plat can be recorded. All of the legal descriptions for this plat appear to be affected by the street vacation. 3. It would be better if the legal description for Parcel C (Sheet 3 of 5) listed both the "EXCEPT" lines before adding the "TOGETHER WITH" statement to the legal description. 4. What was set at the comers of the lots (per the "LEGEND on Sheet 2 of 5) is not noted on the lots in the plat drawing (same Sheet). 5. The addresses for the plat lots are noted on the attachment. Note said addresses on the drawing in the spaces already provided. 6. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 7. Note the bearing to center at the point between C15 and Cl6 and between C3 and C2 (Sheet 2 of 5). 8. Note what "TRACT A" and "TRACT B" are to be used for (stormwater detention/water quality pond and NGPE) on the plat drawing (Sheet 2 of 5). 9. Item No.5 under "ADDITIONAL RESTRICTIONS" should be removed from the plat submittal (Sheet 5 of 5) and also from the title report. Said annexation has taken place and, consequently, -r.c:m\H;;;;ard:r;;w:;;;;or;JAk\E1:'Tlm;;:;:-"Q";l"IjI(g-;;;;;n~;r.;:I~iII'~orr.;£ff=ffl\lW=~tWR;-;;;-;;~-;;-;;0i:r.;1?8:;;;;-;-;t8r.;;R~"""\Wi~a-sh-in-g-to-n-9-80-5-5 ------~ * This paper contains 50% recyded material, 30% post consumer AHEAD OF THE CURVE August 23, 2005 Page 2 does not directly impact the subject plat at this time. Ask the title company to remove it from the title report. Also, Item No.3 does not directly impact the plat at the time of plat recording, because all sewer charges for the plat will have been p~id. 10. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. Plan Review Final Plat Comments: 11. An updated Plat Certificate is required (to be dated within the 45 days time-period prior to Council action on the subject plat) prior to have the final plat approved by City CounciL I estimate Elmhurst plat going to Council on September 19,2005. 12. Submit the Articles of Incorporation of the Elmhurst Homeowner's Association with proof that it has been filed with the State of Washington. 13. In the Declaration of Covenants, Conditions and Restrictions, Article V needs a subsection on maintenance of storm drainage, emergency access roads, street lighting and common improvement. 14. In the Declaration of Covenants, Conditions and Restriction~, Ar!icle XIII, Section 2, fifth line after the word "assignee" needs to have the words "and the City of Renton" added. IS, Submit ina separate sheet (8.5x11 and 1" margins): a) Legal description of all parcels of Elmhurst, b) Vicinity Map, c) plat map_ TheSe will bOOome e~hibits of the Elmhurst Resolution, to be approved by City Council. .. " Planning Review Final Plat Comments: 16. Have not received comments from planning yet. Fire Prevention Comments: 17. All roadway and street signage work needs to be completed. Construction Concerns: 18. Please note that the comments above address the plat review. You will want to continue working with Mark Wetherbee to insure that the project has a fmal walk through and a sign-off by the inspector. This includes any punch list items from the inspector and/or the City Maintenance Division. The project also needs to complete the standard paperwork including submitting As Built drawings, As Built mylars and Maintenance Bonds. As-Built Concerns: 19. The construction plan mylars must be checked-out from the sixth floor Public Works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The mylars are labeled As-Built in a large block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-Built drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all water-main, sanitary sewer, and storm drainage systems easements which shall be August 23,2005 Page 3 consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order I will then call for the civil mylars to be returned. These final mylars must be submitted for our pennanent records. Construction Cost Data Concerns: 20. At the same time the As-Built bluelines are submitted, the owner of the development or authorized agent shall supply the detailed construction cost of the public Water Main System, Sanitary Sewer System, Stonn Drainage Systems, street improvements and street lighting on the Cost Data and Inventory Fonn and sign it at the bottom. This fonn is to reflect only those facilities that will be turned over to the City. Examples of items that are NOT turned over are side sewer stubs, water service lines and private stonn drainage facilities. Return the original fonn to my office. 21. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and In,ventory fonn (both are enclosed). 22. A Maintenance Bond is required in the amount of 10% ofthegrand total of the water, sewer, stonn, street and street lighting costs as shown Qn the COst Datit,Jnventory fonn. A standard City of Renton maintenance bond fonn is enclosed. The permit bondwill be released upon receipt and acceptance of the maintenance bond, of the above document~tion and final sign-off by the inspector. Fees: 23. The applicant shall pay the Fire MitigationFeeof $488.00 per each new single-family lot. Credit will be given for the existing three residerices. The fee shall be paid prior to the recording of the final plat.' . 24. The applicant shall pay theTI'ansportation Mitigation Fee of$7~;OO per each new average daily . trip associated with the project.prior to the recording of the finafplat. 25. The applicant shall pay the ParksMitigation Fee 0[$530;76 per each new single-family residence lot. The fee is due prior to the recording of the final plat. It is a team effort of all of the above City divisions, your engineer and your land surveyor to get your plat to final plat approval. If you have any questions please contact me at 425-430-7278. Thank you for your cooperation. Sincerely, ~l~a Fries, ~ fgmeer Development Services Division cc: Kayren Kittrick -tua OS-090FP ,. City of R n Department of Planning / Building / Public "$ ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fi're...-COMMENTS DUE: AUGUST 22, 2005 APPLICATION NO: LUA05-090, FP DATE CIRCULATED: AUGUST 8,2005 APPLICANT: Gary Merlino Const. Co., Inc. PROJECT MANAGER: Juliana Fries PROJECT TITLE: Elmhurst Final Plat PLAN REVIEW: JennifE1(Henniog---" ,-.. SITE AREA: N/A BUILDING AREA (grOsd):N/N L7J --' LO::, u '~" :,: : ,,"\ !! LOCATION: 201 Bremerton Avenue NE WORK ORDER NO: n4$~ II AI I".. !: i i·, SUMMARY OF PROPOSAL: Final plat of Elmhurst Plat with 64 single-family residential 10 s~' T~ pla;j~cludes 9nsflVa'ion r.'sshi~ary sewer main, water main, storm drainage system, sidewalks, streetiighting, landscaping, anc signsL ; ("", ~ '. ; A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Environment Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Probable Minor Impacts Probable Major Impacts B. POLICY-RELATED COMMENTS C. More Information Necessary Element of the Environment Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet Probable Minor Impacts Probable Major Impacts More Information Necessary application with particular attention to those areas in which we have expertise and have i entified areas of probable impact or I information i eded to properly assess this proposal. 0 tJ6" Signature of Date CITY )F RENTON Kathy Keolker-Wheeler, Mayor PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator August 8, 2005 David Halinen Halinen Law Offices, PS 2115 N 30th Street #203 Tacoma, WA 98403 Subject: Elmhurst Final Plat LUA-05-090, FP Dear Mr. Halinen: 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) 430-7278 if you have any questions. Sincerely, cc: MJF Holdings, Inc. / Owner Gary Merlino Construction Co., Inc. / Applicant ------------1-O-55-S-o-u~th-G-r-ad-y-W-a-y---R-e-nt-on-,-W-a-Sh-i-ng-t-on--98-0-5-5-------------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE 9125 -10th Avenue South 762-9125 August 2, 2005 Lorraine Nicolay City of Renton Department ofPlanning/BuildinglPublic Works Development Services Division 1055 S. Grady Way Renton, WA 98055 Subject: Elmhurst Residential Development Pond Tract and 25' Stream Buffer Landscape Planting Plan -Re-submittal Dear Lorraine, We previously submitted Landscape Plans for the subject project to Susan Fiala, Senior Planner. Since she is not longer working at the City and to avoid any confusion on the correct Landscape Plan to review, we are re-submitting two sets of Landscape Planting Plans for the Elmhurst Residential Development project dated 8/1/05. These plans address the requirements per the following: 1. Hydraulic Project Approval, issued May 12, 2005 2. City of Renton Determination of Non-Significance-Mitigated, Mitigation Measures 3. Office of the Hearing Examiner -City of Renton, Recommendation dated March 29,2005 Please include these Plans in the review of this project and let me know if you have any questions or comments. Please give me a call at 206.762-9125 x 3568 at your convemence. cc: Michael Merlino Dave Halinen Lou Larsen ~Mlrfup/- Heidi Kludt Landscape Architect From: To: Date: Subject: Laureen Nicolay Fries, Juliana Tuesday, July 26, 20054:00:00 PM Elmhurst Final Plat-LUA05-090 I took this in at Dave Halinen's urging. It still needs (at least) the following changes to the plat map: 1. Add lot square footages 2. Add addresses 3. Identify Tract A by type (e.g. Storm Drainage Tract) 4. Identify Tract 8 by type (e.g. Native Growth Protection Area) and make sure language on sheet 4 of 5 complies with code requirements for critical areas (e.g. omit sentence under "Native Growth Protection Area" heading on sheet 4 of 5 that states that Homeowners are allowed to install landscaping within the tract). Other language changes will also be needed. 5. New PMT once changes have been made. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@ci.renton.wa.us cc: Fesser, Sonja; Henning, Jennifer City of Renton PROPERTY OWNER(S) PROJECT INFORMATION NAME: M.J.F. HOLDINGS, INC. PROJECT OR DEVELOPMENT NAME: "ELMHURST' RESIDENTIAL SUBDIVISION ADDRESS: 215 EAST MEEKER PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: KENT KENT ZIP: 98032 201 BREMERTON AVE NE, RENTON, WA 98059 TELEPHONE NUMBER: (253) 859-9697 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 5182100049,5182100050 and 5182100051 APPLICANT (if other than owner) EXISTING LAND USE(S): Vacant NAME: GARY MERLINO CONST. CO., INC. PROPOSED LAND USE(S): Single-family (detached) COMPANY (if applicable): residential subdivision EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: 9125 10TH AVE S. Residential Options (RO) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: SEATTLE ZIP: 98108 (if applicable): No change TELEPHONE NUMBER (206) 762-9125 EXISTING ZONING: R10, subject to existing Development Agmt. CONTACT PERSON PROPOSED ZONING (if applicable): No change NAME: DAVID L. HALINEN SITE AREA (in square feet): 418,176 +1-sq. ft. SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if HALINEN LAW OFFICES, P.S. applicable ): FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): 74,338 +1-sq. ft ADDRESS: 2115 N 30th ST STE 203 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable ):8.25 dulac CITY: TACOMA ZIP: 98403 NUMBER OF PROPOSED LOTS (if applicable): 64 TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF NEW DWELLING UNITS (if applicable): N/A (206) 443-4684 I davidhalinen@halinenlaw.com (each of the proposed lots will have one single-family detached dwelling) Q:web/pw/devserv/fonns/planninglmasterapp.doc 07/21105 )JECT INFORMATION (COl ued) NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 PROJECT VALUE: $10,400,000.00 (3 were recently demolished) SQUARE FOOTAGE 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): None o AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o AQUIFER PROTECTION AREA TWO BUILDINGS (if applicable): N/A o FLOOD HAZARD AREA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A o GEOLOGIC HAZARD NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if o HABITAT CONSERVATION applicable): N/A o SHORELINE STREAMS AND LAKES NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A o WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq. ft. ___ sq. ft. ___ sq. ft. 3,808 sq. ft. ___ sq. ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 15, TOWNSHIP 23N, RANGE 5 EAST, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. FINAL PLAT 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, Michael J. Feuerborn, declare that I am (please check one) _ the current owner of the property involved in this application or X the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Michael J. Feuerborn, President Q:web/pw/devserv/fonns/planninglmasterapp.doc I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary (Print) 3/-1 e /2-/<-/ L K / H P L~--e My appointment expires:_--=Oc--9_e_3_O_' _0_8 ___ _ 07/21105 JUL-25-2005 02:05PM FROM-DREAMCRAFT HOMES +253-854-5208 T-493 P.002/002 F-606 CONSENT IN WRITING OF THE PRESIDENT OF MJ.F. HOLDINGS, INC. The undersigned, being the President ofMJ.F. HOLDINGS, INC., a Washington corporation, hereby makes this consent in writing and adopts the following resolution: RESOLVED: That Michael J. Feuerborn is hereby authoiized and directed to execute any and all documents on behalf of M.J.F. HOLDINGS, INC.. This authorization will ~mmence March 1, 1991 and have no .expiration date. Dated this lst day of March, 1991. ~i2?!t/fl K. Feuerborn ICE-PRESIDENT Michael J F uerbom Date PRESIDENT PL_ .... ECT INFORMATION (continued) PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED], A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED], A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST X OF THE NORTHWEST X OF THE NORTHWEST X OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED], A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]; Q:web/pw/devserv/fonns/planninglmasterapp.doc 07/21105 llROJECT INFORMATION (conti d) AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Q:web/pw/devserv/fonns/planninglmasterapp.doc 07/21105 David L. Halinen, P.E. davidhalinen@halinenlaw.com HAND-DELIVERED HALINEN LAW OFFICES, P.S. A Professional Service Corporation McCarver Square 2115 N. 30th Street, Suite 203 Tacoma, Washington 98403-3397 July 26, 2005 City of Renton Department ofPlanninglBuildinglPublic Works Development Services Division 1055 S. Grady Way Renton, Washington 98055 Attn: Juliana Sitthidet, P.E., Engineering Specialist Re: Elmhurst Final Plat Submittal of Final Plat Application Dear Ms. Fries: DEVELOPMENT PLANNW ' CITY OF RENTON ' \,1, JUL 26 20D5 REY~llF.!(53) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 em OF RENTON RECe\VED JUL 26 2005 BUILDING DIVISION On behalf of Gary Merlino Construction Co., Inc., the applicant-agent for property owner MJ.F. Holdings, Inc., I herewith submit the following materials as the Elmhurst final plat application (with all item numbers correlating with the "Application Materials" list numbers that are set forth on the City's "Submittal Requirements for Final Plat", revised 10107/03): (1) Public Works Approvals: Required improvements are under construction. Confirmation of substantial installation and/or deferral ofthe improvements will be provided prior to final plat approval. (2) Title Report and Copies of Recorded Documents: Herewith submitted are five (5) tabbed binders each containing a Subdivision Guarantee from Stewart Title Guaranty Company (Order No. 205115486) dated effective July 13, 2005 and a set of copies of the recorded special exception documents referenced therein. No existing easements encumber the subject site.! (3) Land Use Permit Master Application: The original (1) plus five (5) copies of the completed Land Use Permit Master Application are herewith submitted along with a statement of proof of Michael J. Feuerborn's signing authority on behalfofM.J.F. Holdings, Inc. I Note that, on February 28,2005, the Renton City Council approved a proposed vacation of three segments of existing Bremerton Avenue NE right-of-way abutting the subject site (City of Renton File No. V AC 04-007). The right-of-way vacation is now in the later stages of processing by the City and a vacation ordinance is expected to be adopted by the Renton City Council during August, 2005. The final plat drawings herewith submitted depict the subject site as if the vacation has already been finalized; however, the Subdivision Guarantee does not. Immediately following adoption of the vacation ordinance and the recording of a copy of it with the King County Recorder, a new Subdivision Guarantee will be obtained from Stewart Title and submitted to the City to reflect the effect of the consummated vacation. City of Renton Department ofPlanninglBuildinglPublic Works Development Services Division Attn: Juliana Fries, P.E., Engineering Specialist July 26,2005 Page 2 (4) Environmental Checklist: Not submitted because not specifically requested by the City. (Fewer than two years have elapsed since preliminary plat approval.) (5) Confirmation of Compliance With Conditions of Preliminary Plat Approval: Five (5) copies of a statement detailing how all Environmental Review Committee and Hearing Examiner conditions of Preliminary Plat approval have been addressed is herewith submitted. (6) Post Office Approval of Mail Box Locations: Enclosed is a set of sheets demonstrating that the U.S. Postal Service has approved the mail box locations for the Elmhurst subdivision. Those mailbox locations were incorporated into the Elmhurst civil construction drawings, which have already been approved by the City. (7) Legal Documents: Enclosed herewith are four (4) sets of copies each of the following documents: (a) A Declaration of Covenants, Conditions and Restrictions; (b) Articles of Incorporation of the Elmhurst Homeowners Association; and (c) Bylaws ofthe Elmhurst Homeowners Association. (8) Fees: A Gary Merlino Construction Co., Inc. check payable to the order of the City of Renton in the amount of$l,OOO.OO is herewith submitted as the final plat application fee. (9) Neighborhood Detail Map: Five (5) full-sized copies of a Neighborhood Detail Map are herewith submitted. (10) Overall Plat Plan: Only a single plan sheet is required. Thus, the requirement for an overall plat plan is met by Sheet 2 of 5 of the final plat sheets referred-to in Item 11, below. (11) Final Plat Plan: Five (5) sets of paper copies of the final plat sheets are herewith submitted. (12) Calculations: Three (3) sets of survey calculations from project surveyor Stephen H. Woods, PLS are herewith submitted. City of Renton Department ofPlanninglBuildinglPublic Works Development Services Division Attn: Juliana Fries, P.E., Engineering Specialist July 26,2005 Page 3 (13) Monument Cards: Monuments have not yet been installed. When they are, two copies ofthe form provided by the City's Technical Services Division for such purpose will be completed by the project surveyor and submitted. (14) Plan Reductions: One set of8-1I2" by 11" PMT reductions (and one set of8- 112" by 11" photocopies thereot) of all of the final plat sheets and of the Neighborhood Detail Map are herewith submitted. Please route the application for review as soon as possible. Should you have any questions or comments concerning this submittal, please immediately contact either me [at (206) 443-4684] or project surveyor Stephen H. Woods at Centre Pointe Surveying [(253) 661-1901] and let us know. You may also e-mail meatdavidhalinen@halinenlaw.com. Thank you your cooperation. Sincerely, Enclosures cc: Gary Merlino Construction Co., Inc. Attn: Michael Merlino (with a set of copies ofthe reduced-size final plat sheets and with a copy of the "Confirmation of Compliance With Conditions of Preliminary Plat Approval" only) Gary Merlino Construction Co., Inc. Attn: Ted Noble, P.E. (with a set of copies of the reduced-size final plat sheets and with a copy of the "Confirmation of Compliance With Conditions of Preliminary Plat Approval" only) Centre Pointe Surveying Attn: Stephen H. Woods, P.L.S. (with a set of copies of the reduced-size final plat sheets only) M.J.F. Holdings, Inc. Attn: Michael J. Feuerborn, President (with copies of all ofthe enclosures except for Item 2, above) C:\CF\2009\074\Final Plat\Fries.L T1.doc ... Elmhurst Residential Subdivision JUl 262005 RECEIVED Statement Detailing How the Environmental Review Committee and Hearing Examiner Conditions of Preliminary Plat Approval Have Been Addressed [Copies of (1) the Environmental Review Committee's Mitigation Measures and (2) the Hearing Examiner Conditions of Approval are attached hereto.] Environmental Review Committee Conditions of Preliminary Plat Approval (Mitigation Measures) 1. A geotechnical engineering finn is (a) providing onsite inspection ofthe existing on- site fill during site grading operations and (b) detennining the suitability ofthat on-site fill prior to its use on-site. 2. At the time of building pennits, additional geotechnical studies addressing the suitability of site soils for use as structural fill will be prepared and submitted (unless, by such time, such studies have already been prepared and submitted to the satisfaction of the Development Services Division). 3. The applicant is aware of and is having the site work contractor comply with the recommendations made by Earth Consultants, Inc. in the "Geotechnical Engineering Study" report dated August 30, 2004 (revised December 2, 2005) in regard to the sections of the report entitled "Site Preparation and General Earthwork" and "Utility Support and Backfill". 4. The temporary erosion control plan approved by the City was designed to comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements outlined in Volume II of the 2001 Stonnwater Management Manual. The applicant is having the site work contractor comply with that temporary erosion control plan. 5. The applicant has made all ofthe project's contractors aware ofthe potential presence of environmental contaminants and instructed them to notify the property owner immediately if discolored, odiferous or otherwise suspect soil is encountered during excavation activities. 6. The applicant has made all of the project's contractors aware that, ifsuspect soil is encountered during excavation activities, work in those areas is to be stopped until such time as a qualified environmental professional can assess the observed conditions and recommend corrective measures. 7. The applicant has made all ofthe project's contractors aware that, ifthe presence of environmental contaminants is confinned within suspect soils at concentrations exceeding MTCA Page 1 of3 7/25/05 DLH cleanup levels, then ( a) those soils are to be handled and managed in accordance with MTCA and (b) the work is to be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance with MTCA. 8. The project's stormwater system design (which has been reviewed and approved by the Department ofPlanninglBuildinglPublic Works) complies with the 1998 King County Surface Water Design Manual to meet both (a) detention (Level 2 flow control) requirements and (b) water quality requirements. 9. The Fire Mitigation Fee [for 61 new single family residences (after giving credit for the three existing residences) at $488 per residence = $29,768] will be paid prior to final plat recording. 10. The Traffic Mitigation Fee [for 61 new single family residences (after giving credit for the three existing residences) at $75 per average daily trip x 9.57 average daily trips per residence = $43,782.75] will be paid prior to final plat recording. 11. The Parks Mitigation Fee [for 61 new single family residences (after giving credit for the three existing residences) at $530.76 per residence = $32,376.36] will be paid prior to final plat recording. 12. Pursuant to a landscaping plan for the project, evergreen and deciduous trees (i.e., Douglas fir, western hemlock and big leaf maple shall be planted during the Fall of2005 on 15-foot centers within the 25-foot wide buffer along the east side ofthe stream within Tract B. Two-gallon size tree stock shall be used. 13. The applicant has had the site work contractor install silt fencing with brightly colored construction flats to indicate the boundaries of the stream buffer. 14. After development of roadway and utility improvements, the applicant will have the site work contractor install permanent fencing consisting of a split rail fence (pursuant to the project landscaping plan) and signage (pursuant to the civil construction drawings) along the entire east edge of the stream buffer. Hearing Examiner Conditions of Preliminary Plat Approval 1. Compliance with ERC conditions--see above. 2. Condition 2 is essentially a restatement of Mitigation Measure 2 and will be complied with in like manner along with Mitigation Measure 2. 3. The applicant has already obtained a demolition permit for demolition of all of the Page 2 of3 7/25/05 DLH existing buildings on the property and, prior to final plat approval, will complete all inspections and approvals (if any) relating to the buildings being demolished. 4. The requirements of Condition 4 are set forth in the lower left-hand comer of Sheet 4 of 5 of the proposed Elmhurst final plat under the heading "Front Yard Landscaping". 5. Either (a) the right-of-way for Bremerton Avenue NE along Assessor's Parcel #518210-0042 (i.e., the parcel at 327 Bremerton Avenue NE) shall be dedicated to the City prior to the recording of the Elmhurst final plat or (b) improvements will be installed within Bremerton Avenue NE consistent with (i) the May 26, 2005 letter from the applicant's attorney David Halinen to Renton Development Services Division's Director Neil Watts (copy attached) and (ii) the June 7, 2005 response letter from the Division's Development Engineering Supervisor, Kayren Kittrick (copy also attached). 6. The Elmhurst Homeowners Association, a Washington nonprofit corporation, was filed with the State of Washington Secretary of State's Corporation Division on July 15, 2005 and will have the maintenance responsibilities referenced in Condition 6. Note that statements concerning various maintenance responsibilities of the Elmhurst Homeowners Association are set forth on the final plat. Statements ofthose maintenance responsibilities are also set forth in Article IV, Sections 3 and 6 of the draft Declaration of Covenants, Conditions and Restrictions submitted with the final plat application. 7. A landscaping plan embodying all ofthe design requirements of Condition 7 has been submitted to the Development Services Project Manager for review and approval. All of the required Tract A fencing and landscaping shall be installed prior to recording of the final plat. Attachments [copies of(1) the Environmental Review Committee's Mitigation Measures, (2) the Hearing Examiner Conditions of Approval, (3) attorney David L. Halinen's May 26, 2005 letter to Development Services Division Director Neil Watts and (4) ) the June 7,2005 response letter from the Division's Development Engineering Supervisor, Kayren Kittrick] C:\CF\2009\074\Final Plat\Statement of Condition Compliance.l.doc Page 3 of3 7/25105 DLH CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA04-162, PP, ECF PROJECT NAME: Elmhurst Preliminary Plat APPLICANT: Uberty Ridge LLC, Mike Merlino LOCATION OF PROPOSAL: 201,251, & 257 Bremerton Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 64-lot subdivision of a multiple parcel, 9.6-acre site. Two tracts for open space and storm drainage are included. The site is zoned Residential -10 dulac and is to abide by a Development Agreement. The lots range in size from 3,801 sq. ft. to 5,870 sq. ft. and intended for detached units. All existing buildings would be demolishecf. Access is proposed via Bremerton Ave. NE to new internal public streets and private access easements. One non-regulated Category 3 wetland would be filled. Maplewood Creek crosses the southwestern portion of the plat. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section Geotechnical Engineer shall determine the suitability of the eXisting. on-site fill prior to its use on-site. The satisfaction of this requirement shall. be reviewed and approved by Development Services during construction. . . 2. At the time of building permits, additionalgeotechnicGI studies addressing the suitability of site soils for use as structural fill shall be prepared and subrrlitted. The satisfaction of this requirement shall be reviewed and approved by Development Services. 3. The applicant shall comply with the "Geotechnical Engineering Study" prepared by Earth Consultants, Inc., dated August 30, 2004, regarding "Site Preparation and General Earthwork" and "Utility Support and Backfill." The satisfaction of this requirement shall be reviewed and approved by Development Services during construction, utility work and building construction. 4. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. 5. All contractors are to be made aware of the potential presence of environmental contaminants and instructed to notify the property owner immediately. if discolored, odiferous, or otherwise suspect soil is encountered during excavation activities. . . 6. If suspect soil is encountered during excavation activities, work in these areas is to be stopped until such time. as a qualified environmental professional can assess the observed conditions and recommend corrective measures. 7. If the presence of environmental contaminants is confirmed within the suspect soils at concentrations exc.eeding applicable MTCA cleanup levels, then (a) those soils are to be handled and managed in accordance with MTCA and; (b) the work will be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance with MTCA. 8. The project shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Credit to be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. 10. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit to be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. ,. 1', ," 11. The applicant shall pay tl ppropriate Parks Mitigation Fee based 0 S30.76 per new single-family lot. Credit to be given for the existing three residences. The fee shall be paid prior to the recording of the final plat 12. Evergreen and deciduous trees (Le. Douglas fir, western hemlock, and big leaf maple) shall be planted on 15~foot centers within the 25-foot wide buffer along the east side of the stream. Two-gallon size tree stock shall be used. Planting should occur in the Fall to allow plants to develop roots over the Winter. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 13. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction/utility permits. 14. After the development of roadway and utility improvements, the applicant shall install permanent fenci ng (i.e. split-rail fence or other approved barrier) and sign age along the entire edge of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. I' , , I l ,!mhuis~reliminary Plat lie NO.: UA-04-162, PP, ECF March 29, 2005 Page 11 remain and might have be permitted to allow ap r sewer service. The applicant will have to demonstrate that the materials are suita ollndation support. 5. Jla.l1il1illll~atisfy the City's needs for access to and along Bremerton to NE 4th Street .. 6 tJ - 1. The applicant shall comply with the conditions imposed by the ERC. 2. The applicant shall have to demonstrate that the on-site fill materials are suitable for foundation support. 3. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. 4. All lots within the plat shall be required to have a minimum of one new approved tree, with a minimum caliper of 1-112 inches (deciduous) or 6-8 feet in height (conifer), and shrubs (or equivalent) planted within the front yard. The applicant shall be required to set forth a restriction on the final plat stating this requirement. Each application for a single family building permit shall include a plan noting the location and type of plant materials within the front yard. All front yard landscaping shall be planted prior to final building permit inspection. The satisfaction of this condition is subject to the review and approval of the Development Services Division Project Manager. 5. The right-of-way for Bremerton Ave. NE along Parcel #518210-0042 (327 Bremerton Ave. NE) shall be dedicated prior to the recording ofthe Elmhurst Final Plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 6. A homeowner's association or maintenance agreement shall be created concurrently with the recording of tile final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the documents(s), if necessary, 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 recording of the final plat. 7. Tract A shall be fenced, landscaped, 'and irrigated (unless drought tolerant plants are used). The property lines of Tract A fronting Road A, Lot 22 and 23 shall include a landscaped visual barrier so as to not interfere with sight distance triangles including plant materials which would provide a year.round dense screen within three (3) years from the time of planting. Also, the property lines along J. ots 22 and 23 shall be fenced with a six-foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road A shall be fenced with either a wrought iron,. or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifying construction and plant materials for the review and approval of the Development Services Project Manager prior to installation. Fences and landscaping shall be installed prior to recording of the final plat. ; Elmhurst Prel iminary Plat FileNo.: LUA-04-162, PP, ECF March 29, 2005 Page 12 ORDERED THIS 291h day of March 2005. -w~~ FREDJ.KAU AN ~ HEARING EXAMINER TRANSMITTED THIS 291h day of March 2005 to the parties of record: Susan Fiala ]055 S Grady Way Renton, W A 98055 Liberty Ridge LLC Attn: Mike Merlino 9]25 10lh Ave S Seattle, W A 98108 Lou Larsen Pacific Engineering and Design LLC 4118 Lind Avenue Renton, WA 98055 Terrance Flaig President of Fernwood North HOA PO Box3106 Renton, WA 98056 Kayren Kittrick 1055 S Grady Way Renton, W A 98055 Katie Walter Shannon and Wilson 400 N 341h Street, Suite 100 Seattle, W A 98103 C. Thomas Foster Langley Fourth Ave Associates LLC 5460 Southcenter Blvd, Suite 106 Seattle, WA 98188 Cliff Williams 5326 SW Manning Seattle, WA 98116 TRANSMITTED THIS 29th day of March 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Rose Woodall 248 Union Ave NE Renton, W A 98059 David L. Halinen Halinen Law Offices, P.S. 10500 NE 81h St., Ste. 1900 Bellevue, W A 98004 Michael Yantis Yantis Acoustical Design 720 Olive Way, Suite ]400 Seattle, WA 98101 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Larry Meckling, Building Official Planning Commission Transportation Division Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 12, 2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This , .•. HALINEN LAW OFFICES, P.S. David L. Halinen, P.E. davidhalinen@}zalinenlaw.com A Professional Service Corporation McCarver Square 2115 North 30th Street, Suite 203 Tacoma, Washington 98403-3397 May 26,2005 VIA E-MAIL [AT nwatts@Ci.renton.wa.usl AND FIRST CLASS MAIL City of Renton Development Services Division Department of PlanningiBuildinglPublic Works 1055 S. Grady Way, Sixth Floor Renton, Washington 98055 Attn: Neil Watts, P.E., Director Re: Liberty Ridge L.L.C.'s Proposed "Elmhurst" Residential Subdivision Tacoma (253) 627 -6680 Seattle (206) 443-4684 Fax (253) 272-9876 Summary of Our Recent Phone Conference Concerning Satisfaction of Condition 5 of the Preliminary Plat Approval Dear Mr. Watts: I am writing on behalf of my client Liberty Ridge L.L.c. to summarize the phone conference that you and I had recently concerning Condition 5 of the Elmhurst preliminary plat approva1.l During that phone conference, I explained to you that: (1) We have found that 37.5 feet of existing right-of-way already exist along Parcel #518210-0042's Bremerton Avenue frontage; (2) That existing right-of-way width provides plenty of room for my client to construct an easterly widening of the existing asphalt lane on grade as a temporary, paved, 20-foot wide secondary emergency vehicle access route to the Elmhurst site (a widening that will serve as such until the permanent street frontage improvements along Parcel #51821O-0042's Bremerton Avenue frontage are constructed as part of the infrastructure improvements for the planned Ridgeview Court subdivision on Parcel #518210-0042); and I Condition 5 states: The right-of-way for Bremerton Ave. NE along Parcel #518210-0042 (327 Bremerton Ave. NE) shall be dedicated prior to the recording of the Elmhurst Final Plat. 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. ',; City of Renton Development Services Division Attn: Neil Watts, P.E., Director May 26, 2005 Page 2 (3) Until such time as the Ridgeview Court developer dedicates additional right-of-way along the west side of Parcel #518210-0042's Bremerton Avenue frontage, there will be a full IS-foot width of existing Bremerton Avenue right-of-way overlap along the Elmhurst site's north boundary, more than enough width for passage by emergency vehicles along the asphalt paved roadway that my client will construct within it. You told me that, in view of these circumstances, you conclude that Condition 5 is satisfied and that dedication of additional Bremerton Avenue right-of-way by the owner of the Ridgeview Court site will not be required as a prerequisite to Elmhurst final plat approval. I then asked you if you would provide me a written confirmation in response to a summary letter from me requesting one. You told me that you would. Hence, this letter. Please send me back a short concurring response letter. Please note that, following our phone conference, (a) my client's engineering consultant, Pacific Engineering Design LLC, prepared a design sheet that depicts the temporary pavement widening my client proposes to the north of the Elmhurst site and (b) I met with your Engineering Review Manager, Kayren Kittrick, to explain our phone discussion and go over the design sheet with her. (That sheet has now been incorporated into the set of Elmhurst civil drawings as Sheet C17B and a copy of that sheet accompanies this letter.) She told me that she saw no problem with it and that it looks acceptable to her. Thank you very much for your cooperation concerning this matter. I look forward to receiving your response letter. Sincerely, HALINEN LAW OFFICES, P.S. Enclosure (copy of Sheet C 17B of the Elmhurst civil drawings) cc: SR 900 L.L.C. Attn: Michael Merlino (with copy of enclosure) Attn: Don Merlino (with copy of enclosure) Lou Larsen, Pacific Engineering Design LLC (without enclosure) C:\CF\2009\074\1mprovements\ Watts.L T1.FI.doc , , ' .. REVISIONS ~ ! Ci5 f2 ~ ~I ~ ~~ ~ iQ~~ :J m g~ J:...J~~ ~I ~ ~ ~~ . ~I~ I m I ~LJJ lLZ 00 ~I ~ ~ §~ ..JI; I!-~ 01: ~~ ~~ £~ ~o.: l!::" i" ! =~ :::Ie .: 11 ~ '1 ,,~ ; £ll ;~ II i2 'I ~ ~ .1 ~ ~:I· w ~!i !c"'~ t ~ ~IIIIII ~ I i ~~ .~ ,.I '. ~, I I I II I I ~ 1/ : I ELMHURST : ~: I I 2 I I ~-~---------------j ~ ~ II( I ------------i1 i-l ---------------: w ~ I I 1 11l!.. 1"''' F'""" i l : ~. () L ,K \ _______ -l , I , I '-,~~-~--=~=~---~=~ ~ SEC. 15, TWP. 23 N., RNG. 5 E., W.M. RIDGEVIEW COURT ,,8" FIR ......... _..--"3. - ~ 0 w ~ ~ ~--!! ! CJ'IAPHC SCALE SCALE : r • 20' FECKE POST H POST ~, 7'?~=7'~~7 _ _ Ott _,,~mz·.. m'=VS[;i10W--7 00 • • m , .. m.' .~ .m.. " -.......... _. ... = ~. '-.--?1l--- --- --- --- --- --'.----'~.-.' -~.d;:;~ -_.=bL -,.. - - _ _ _._ r .0·. #. ...• "~~~ .•.. _7.,.:L.LL,,,,,y.t,,&'-:; ,,~ ..... - -.. ,.-;;. .. m'!!;'Pg-%,.-~.,. // --------, 7'c . 0 0 Q 0 ".,. '. ·K·· ,i:.i1 MIN. '. ·/:··/:·'~rii.·· it"''''··;· FL vert C & G GUY WIF<[ ANCHOR!;.': / \: \ \ \ \ GR~VEL I BREMERTON AVE. N.E. ' ... / !> '''kg"" • .' / l \ \ . . t j P' , / \ ~\ \ \ ------------------------~-------_\ --~-- P·(Wi[·'.O ".r'l"/ ~--\ C--\-c..-2f)" F'P----T--* 7 * MC~ / T ~GUY VVIF![' A,'iCdUR ,,,v~;' h >"/;;;' r lO' \. \ \ \ TO BE REMOVED TO BEl " " TRt,k FuRM .. R \ \ \ L 26" nri I RELOCATED • \ \ \ TO BE REMOVED I D / _ ...J I ~ \ \ L 26" m, SEE SECTION BELOW / Md t t .. 213" FIR \ TO BE REMOVED / TO BE I .' L._ 2G" rlR RELOCA TED r::UE VUE II TO BE REMOVED * REGRADE EXISTING DRIVE II II AS NEEDED (3 LOTS), / II / R-r W SECTION UNE SECTION 0-0 SCAL£: ,. -lD' PROPOSED DRlV£WAY VoID£HING R-r W -------- KEY MAP SCALE: ,. -200' ! ~ VER71CAL DATUM CITY OF RfNTON, NA \.1) BB CONTOUR INTERVAL -2' BENCHMARK BASE: KING COUNTY POINT I RENT1B52: FOUND PUNCH IN J. KlNG COUNTY SURFACE: BRASS DISC AT THE STRffT INTERSECTION OF HE 4TH STRffT AND I48TH AVE SE MARKING THE NORTHW£ST CORNER OF SECTION 14, TOWNSHIP 2:JN .• RANGE: 5£,. W.M. £LEVATlON-454,78 F££T. SITE: SET COTTON GIN SPIK£ 19,1' SOUTH'It£ST OF THE 'It£ST COLUMN OF GATE. £LEVA TlON-4()7,96 F££T. BASIS OF BEARING 71WE NORTH, BASED UPON GLOBAL POSITIONING SYSm.t (GPS) LAMBERT GRID WASHINGTON STATE NORTH ZONE COORDINA = A CONY£RGENCE ANGtE OF 00"58'30.28· COUNTERCLOCKVoISE WAS APPUED AT A PUNCH MARK IN 3" KING COUNTY SUR1'ACE: BRASS DISC. AT THE STRfET INTERSECTION OF NE 4TH ST. AND 148TH AVE SE:, MARKING THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE: 5 EAST OF THE VoILLAMETTE: MtRlDIAN, THE NORTH AMERICAN DA ruM OF 198.3/1991 (HAD 8.3/91) GRID COORDINATES I\£RE FOUND TO BE 180903,998 / 1316622.:321 AT THAT POINT. THE INVERSE OF BOTH THE SEA Ln'EL CORRECTION FACTOR OF D,999981824 AND THE GRID SCALE FACTOR OF 1.0000D2187 WASAPPU£D TO THE GRID COORDiNA 7ES FOR SHOI'rN GROUND DISTANCES. CHECKED FOR COMPUANCE TO OTY STANDARDS RECOMMENDED FOR APPROVAL ______ Dote __ _ By: _____ _ ______ Dote __ _ By: _____ _ .-., IlAY 8, 2007 ~:3 a;~ '0) ~4: 5 il ::! ~ IX) 1X),,8 ~:i,,~ ~~(1 ::JOWt'II t'II(/)Z I-Z"" ,.. W ozOIll><;lIlmo IX)WIt'li4:t'IIlU4: ~a:o..~ll~~o.. b1)U Q~ ()..... '1 ~~H ..... Q) " () Q Q C\!.~ b1) ~ @).(iJ Q Q) ~O ~ ~IIII CD :> 0 m :> CD .J ~~ :>W :1:0 "0 ell 1a§ 00 ..... .§~ Il) !:: Il) 0 .SU gpgp j:.I.l.-~ § uE: .r N ; ~ ~ ~d ~m~~ ~-.JCD ~r WW ~~§~~ .. a: PRO.£CT NO.: 02054 DRA\\t4 BY: .JQC ISSUE DATE: 05-24-05 SHEET REV,: BFEMERTON AVE. HE BrA. 23+45 TO BrA. 2tS+eIa PLANNCJ SECTION (8EOON)ARY A0CE8S) 02054RD08-C178 C178 1111111 ~ II Dote ) \. ~ , . Kathy Keolker-Wheeler, Mayor June 7, 2005 VIA FAX [AT (253) 272-98761 AND FIRST CLASS MAIL David L. Halincll, Esq. Halinen Law Offices, P.S. 2115 N. 30th Street, Suite 1900 Tacoma, W A 98403 CITY F RENTON Planning/BuildingIPublic Works Department Gregg Zimmerman P.E., Administrator Subject: Liberty Ridge L.L.C.'s Proposed "Elmhurst" Residential Subdivision Satisfaction of Condition 5 of the Elmhurst Preliminary Plat Approval Dear Mr. Halinen: The City of Renton wishes to advise you and your client, Liberty Ridge L.L.C., that we (a) concur with the written summary of your phone conference with Neil Watts, Development Services Director as set forth in your May 26, 2005 letter concerning Condition 5 of the Elmhurst preliminary plat approval and (b) conclude that Condition 5 is satisfied and that dedication of additional Bremerton A venue right-of-way by the owner of the Ridgeview Court site or any other property will not be required as a prerequisite to Elmhurst final plat approval. The proposed design connections will meet the emergency and domestic access needs for the Elmhurst project. Any additional right-of-way will be dedicated and infrastructure installed at the time of development for the other properties. If you have any questions, please do not hesi tate to contact me. Sincerely, ~~ -\\ -Y,dh\JJ ~a~rU Kittrick Development Engineering Supervisor Public Works Inspections & Permits cc: Land Use File Neil Watts Juliana Fries -------lO-S-S-S-ou-t-h-O-ra-d-y-W-a-y---R-e-nt-o-n,-W-a-s-hi-n-gt-o-n-9-g-0S-S-------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE DEVELOPMENT CITY OF RE~~%NING JUL 262005 RECEIVED 7. LEGAL DOCUMENTS RE: THE ELMHURST HOMEOWNERS ASSOCIATION: A. Draft Declarations [sic] of Covenants, Conditions and Restrictions B. Articles of Incorporation C. Bylaws DRAf=T DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ELMHURST HOMEOWNERS ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by M.J.F. HOLDINGS, INC., (Declarant), the owner of certain land situated in the State of Washington, City of Renton, King County, known as ELMHURST, which is more particularly described in Exhibit A. In order to ensure preservation of the gracious residential environment at ELMHURST, Declarant agrees and covenants that all land and improvements now existing or hereafter constructec:l thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall inure to the benefit of each owner thereof and to the benefit of ELMHURST Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the ELMHURST Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to the ELMHURST Homeowners' Association, its successors and assigns. Section2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article VIII. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article III unless the language or context indicates otherwise. Section 3. "Properties" shall mean and refer to the real property described with particularity in Exhibit A. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. This term shall not include tracts deSignated on the face of the Plat. Section 5. "Declarant" shall mean and refer to MJF Holdings, Inc., its successors and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. 2 Section 6. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plaf' shall mean and refer to the plat of ELMHURST as recorded in Volume of Plats, Pages __ through inclusive Records of King County, State of Washington. Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section 1 O. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagees or other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas deSignated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until (1) a date five years from the date of recording this Declaration or (2) the thirtieth day after Declarant has transferred title to the purchasers of the Lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article by written notice to all Owners, whichever date first occurs. During the Development Period, the Declarant shall appoint the Board of Directors of the Association. Section 2. Notices to Owners. Before the termination of the Development Period, the Declarant will give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, 2 3 The Board of Directors and officers of the Association may be elected by a majority vote of said quorum. If a quorum is not present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Temporary Board. Declarant may in its sole discretion, and at such times as the Declarant deems appropriate, appoint a minimum of three persons who may be Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the Development Period, members of the Board of Directors need not be Owners. The Temporary Board shall have full authority and all rights, responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Section 4. Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed during the initial stages of development. Acceptance of an interest in a lot evidences acceptance of this management agreement. ARTICLE IV EASEMENTS, OPEN SPACES AND PRIVATE TRACTS Section 1. Drainage Easement Restrictions. Various drainage easements are indicated on the face of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not be permitted within drainage easements. The easements give the easement holder the right to enter upon said easements, and the area immediately adjacent to said easements, in order to effectuate the purposes of the easement, or to construct a hard surface road upon the easements. Section 2. Utility Easements. Various utility easements are deSignated on the face of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas, cable television service and water. These easements give the easement-holders the right to enter upon these Lots at all times to effectuate the purposes of the easements. No utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility . easement, which will interfere with such utility service. 3 4 Section 3. Storm Drainage, access roads, street lighting and common improvements The Association shall always have the responsibility to maintain the plat drainage facilities, emergency access roads, street lighting and common improvements unless these improvements are deeded or sold to a government agency for ownership and maintenance responsibility. Section 5. Structures Prohibited in Rights-of -Way. No structures may be placed in rights-of-way within the Plat. Section 6. Tracts public and / or private. Tract A is hereby dedicated to the ELMHURST Homeowners Association for ownership and maintenance. A non-exclusive easement for the installation, operation, maintenance, repair and reconstruction of a stormwater detention and water quality pond, other drainage facilities, fencing and landscaping (collectively, "Drainage Improvements") is hereby declared over, under, along and across Tract A. This easement shall run with the land, benefiting all of the Lots within this plat and burdening Tract A. The Drainage Improvements located within Tract A shall be owned, operated and maintained by the Elmhurst Homeowners Association until such time (if ever) the City of Renton assumes operation and maintenance responsibility for them. Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the Drainage Improvements located within Tract A, (a) the City of Renton shall have the right to enter Tract A to repair any deficiencies in such improvements in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responsibilities of some or all of the Drainage Improvements located within Tract A, the City of Renton shall have the right to enter Tract A to operate, maintain and repair the improvements at the City's cost. Tract B is hereby dedicated to the ELMHURST Homeowners Association for ownership and maintenance. A non-exclusive easement for the installation, operation, maintenance, repair and reconstruction of the portion of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek (an ephemeral stream) from the Drainage Improvements in Tract A is hereby declared over, under, along and across Tract B. This easement shall run with the land, benefiting all of the Lots within this plat and burdening Tract B. The Elmhurst Homeowners Association shall have the duty to maintain and repair Tract B, including without limitation the duty to maintain and repair when needed (1) the City of Renton shall have the right to enter Tract B to repair any deficiencies in such facilities in the even the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. 4 5 After (and to the extent of ) an assumption by the City of Renton of operation and/or maintenance responsibilities of some of all of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, the City of Renton shall have the right to enter Tract B to operate, maintain and repair the facilities at the City's cost. Consequences of (1) Homeowners Association Dissolution or (2) Failure to pay property taxes for Tracts A & B In the even that the Elmhurst Homeowners Association is dissolved or otherwise fails to meet its property tax payment obligation with respect to Tract A and/or Tract B for a period of eighteen (18) months following the date that property taxes are due to be paid to King County for those tract(s), then, in such event, (1) each of the Lots in this plat shall be deemed to have automatically assumed an equal and undivided ownership interest in Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automatically assumed a joint obligation to perform all of the maintenance responsibilities previously borne by the Elmhurst Homeowners Association including all of the financial responsibilities attendant thereto. ARTICLE V ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (1) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in accord with the following provisions. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the Lot at the time that the assessment fell due. Section 2. Purpose of Assessments. The assessments imposed by the Association shall be used (1) to promote the recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the Recreational area(s) or other tracts dedicated to the Association within the Plat, (3) for legal fees or damages incurred in any action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners' Association is named as a party, (4) for legal fees incurred by the Homeowners Association, (5) for any other reasonable expenses incurred by the Homeowners' Association. Section 3. Annual Assessment. The initial annual assessment shall be $ 180.00 per Lot payable in one annual payment; six percent of the assessment shall be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association or by a Professional management firm. Such allocated funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities, which are described with particularity in the Bylaws of the Association. 5 6 The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat management costs, (4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increases in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increases in the annual assessment thirty days before the date that the assessment becomes effective. (a) After the Development Period expires, any increases in the annual assessment, which exceeds 10 percent, requires the vote of the members of the Association. (b) After the Development Period expires, any increases in the annual assessment, which exceeds 10%, requires the approval of 51% of the members of the Association. (c) After the Development Period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement to the Recreational area(s) within the Plat including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 51 percent of the members of the Association who are voting in person or by proxy at a meeting held duly called for this purpose. Any capital improvements, which exceed $15,000, must be approved by 51 percent of the Owners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred in any action in which a member of either the Board or the Architectural Control Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Homeowners' Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the consent of 51 percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and nor more than 60 days in advance of the meeting. At the first meeting called, the presence of 51 percent of the members of the Association or of proxies entitled to cast 51 percent of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. 6 7 Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment. Due Dates. The annual assessments described in this Article shall commence on January 1, 2005. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the Quarterly assessment shall be sent to every Owner subject to such assessments. The Board of Directors shall establish the due date. The Association shall, upon demand and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9.Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Recreational area(s) or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed 60 days for any infraction of the of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 10. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments, which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAl NTENANCE OF LOTS 7 8 Section 1. Exterior Maintenance by Owner. Owners shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. (at Street Trees. The street trees planted within and / or abutting individual Lots shall be owned and maintained by the Owners of said Lots and the trees planted within and / or abutting the private and public tracts within the Plat shall be owned and maintained by the ELMHURST Homeowners Association. (b). Refuse. All Lots shall be kept free of debris. All refuse shall be kept in sanitary containers screened from view of any Lot in the Plat; the containers shall be regularly, emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. (c). Storage of goods and Vehicles. 1.) Owners may not store goods or equipment in open view of any Lot, or portion of the Community, or allow others to do so. No house trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck or commercial vehicle (larger than one ton), self contained motorized recreational vehicle, or other type of recreational vehicle or equipment, may be parked or stored in ELMHURST unless such parking or storage is within the garage area of any Lot or is suitable screened from view in accordance with the requirements of the Architectural Control Committee, except that any such vehicle may be otherwise parked as a temporary expedient for loading, delivery, or emergency, but not over night. This restriction, however, shall not restrict trucks or other commercial vehicles, which are necessary for the construction or for the maintenance of any portion of ELMHURST or any improvements located thereon. No overnight "on street" shall be permitted on any roadway or street in ELMHURST where such parking is prohibited by King County, The City of Renton or where the Board has prohibited such parking. No overnight "on street" parking of any personal passenger vehicles shall be allowed on any road, shoulder, within any private road right of ways, cul-de-sac, turnaround or their prospective right of ways at ELMHURST Personal passenger vehicles are defined as but not limited to autos, vans, trucks, motorcycles and all similar vehicles used primarily and regularly for transportation by the occupants of the lot or their guests. 2.) Except as herein provided, no abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked in ELMHURST. An "abandoned or inoperable vehicle" shall be defined as any automobile, truck, motorcycle, or other similar vehicle, which has not been driven under its own propulsion for a period of (48) hours or longer, or does not have an operable propulsion system installed therein, or which is not currently licensed and registered. 3.) In the event the Association shall determine that a vehicle is parked or stored in violation of subsections (1) or (2) of this section, then a written notice describing said vehicle shall be personally delivered to the owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be reasonably ascertained), and if the vehicle is not 8 9 removed within twenty-four (24) hours thereafter, the Association shall have the right to remove the vehicle at the sole expense of the owner thereof. 4.) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any vehicles, trailers or boats, may be performed or conducted in ELMHURST unless it is done within completely enclosed structure(s) which screen the sight and sound of the activity from the street and from adjoining property. The forgoing restriction shall not be deemed to prevent, on a lot, washing and polishing of any motor vehicle, boat, trailer, motor driven cycle, or other vehicle, together with those activities normally incident and necessary to such washing and polishing. (e). Temporarv Parking by Owners. This section does not prevent Owners from parking passenger automobiles and trucks on driveways when the Owners are out of town. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section 3. Lot Maintenance by the Association. In the event that an owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the ELMHURST community, the Board shall, upon receipt of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Board shall be required to have the assent of 51 percent of the members before undertaking such repairs. Section 4. Construction Exemption. This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles by the Declarant or its contractors during the Development period. ARTICLE VII HOMEOWNERS ASSOCIATION Section 1. Nonprofit Organization. The Association is a nonprofit corporation under the laws of the State of Washington. 9 10 Section 2. Membership. Every Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the ELMHURST Homeowners' Association and RCW 64.38. ARTICLE VIII MANAGEMENT BY BOARD Section 1. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of the permanent Board of Directors, the new Board shall adopt Bylaws. The Board will make copies of the Bylaws available to Lot Owners upon request. Section 2. Terms. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and the powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: (a) Insurance. Obtain policies of general liability insurance. (b) Legal and Accounting Services. Obtain legal and accounting services if necessary for the administration of the Association affairs, administration of the Recreational area(s) within the Plat, or enforcement of this Declaration. (c) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to preserve the 10 11 appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (d) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof, which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational area(s) within the Plat rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jOintly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (e) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (f) Right to Contract. Have the exclusive right to contract for all goods and services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to Association approval. (g) Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot) If the repairs or maintenance activity were necessitated by the Owner of the Lot entered, in which case the cost shall be specially assessed to that Lot. If another Owner of another Lot caused the emergency or the need for maintenance or repair, the cost thereof shall be specially assessed against the Owner of the other Lot. (h) Promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (i) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. U) Employment of Manager. Employ a manager, an independent contractor, or such other employees, as the Board deems necessary and describe the duties of such employees. 11 12 (k) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational area(s) within the Plat and the Association. (I) Impose Assessments. Impose annual and special assessments. (m) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (n) Legal Actions. Commence legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The board· also has the authority to defend against legal actions initiated against the Association. (0) Exercise of Powers. Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE IX LAND USE RESTRICTIONS Section 1. Residential Restrictions. All lots within the Properties shall be used solely for private single-family residential purposes. Each residence must have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for more than one family. No Lot in ELMHURST shall be further divided. Section 2. Property Use Restrictions. No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot nor in any common areas or Recreational area(s), nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers recreational vehicles and disabled vehicles of any kind. Section 4. Fences, Walls & Shrubs. Fences, wall or shrubs are permitted to delineate the lot lines of each Lot, subject to (1) The approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. No barbed wire or corrugated fiberglass fences shall be erected on any Lot. All 12 13 fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front yard setbacks. Fences or rails shall be erected and maintained at the top of any area where they create a vertical or nearly vertical retaining wall or slope over three feet (3'). Section 5. Temporary Structures. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. No vehicles parked in public right-of-way may be used temporarily or permanently for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried. Section 7. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot except one sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. A builder to advertise the property during the construction and sale period also may use signs. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish, and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to run at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails, Recreational area(s) and rights-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner 10 days' written notice of the violation. The Owner must remedy such violations within 10 days. Failure to comply with the written notice will result in a fine of $25 per day. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLE X BUILDING RESTRICTIONS Section 1. Building Materials. Homeowners who do not have MJF Holdings, Inc. or the contractor MJF Holdings, Inc. deSignated to construct homes for it (UMJF Holdings, Inc. Contractor) shall be obliged to use materials of a quality equivalent to those materials which MJF Holdings, Inc. Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the Committee will require that such materials be replaced. The (1) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials are of equivalent quality. 13 14 Section 2. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local government authority and written approval of such permits from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XII). Section 3. Codes. All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and King County codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping, shall be completed within eight months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours notice during the construction or exterior remodeling, enter and Inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may be constructed on any Lot other than by a contractor licensed as general contractor under the statutes of the State of Washington without the prior approval of the Committee. ARTICLE XI UTILITIES Section 1. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. (Committee''). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less than three and not more than five members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function, or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the Board shall perform the functions of the Committee until such time as the Board shall appoint and designate the Committee. The Committee shall be 14 15 appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures (e.g., garden sheds, tools sheds, doll houses, tree houses, gazebos, and playground equipment), fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, basketball courts, basketball hoops, tennis courts, swimming pools, bath houses, animal pens, or enclosures), or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials, and location of the structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee also shall review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. Section 3. Membership. The Board shall designate the Committee. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters and discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identity of the Lot involved, and the following information about the proposed structure: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grade; (c) The general design; 15 16 (d) The interior layout; (e) The exterior finish materials and color, including roof materials; (f) The landscape plan; (g) Other information which may be required in order to determine whether the structure conforms to the standards articulated in the Declaration and the standards employed by the Committee in evaluating development proposals. Section 9. Plan Check Fee. All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee of $100 will be charged to review plans and specifications for Residences. A fee of $25 will be charged for the review of other structures. Section 10. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height, configuration, and landscaping of the proposed structure harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in ELMHURST, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The Committee shall decline to approve any design, which fails to meet the above-recited standards and any other aesthetic standards promulgated by the Committee. The Committee will not approve temporary or non-permanent structures. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. The Committee is not required to review plans and specifications for homes constructed by MJF Holdings, Inc., or MJF Holdings, Inc. Contractor. Section 12. Approval Procedures. Within 30 days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications, which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. Section 13. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications, which it reviews, comply with local building codes and requirements. The Committee shall be held harmless in the event that a structure, which it authorizes, fails to comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect 16 17 in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 14. Variation. The Committee shall have the authority to approve plans and specifications, which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such legal action or appeal. ARTICLE XIII GENERAL PROVISION Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial 3D-year period if 51 percent of the members vote to amend particular provisions of either instrument except for those items in Article IV section 3 may not be amended as it relates to storm drainage facilities, street lighting or emergency access roads or common improvements, unless the assignee consents in writing. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of 51 percent of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. All amendments must be filed with the office of the King County Records Department or its successor agency. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. 17 18 In any legal action commenced in order to enforce the provIsions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. The invalidity of anyone or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid; this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. 18 19 IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set his hand and seal this day of __________ ' STATE OF WASHINGTON COUNTY OF KING ) )ss, ) MJF Holdings Inc. Declarant 8y: ___________________ __ It's President On this day of " before me, the undersigned, a notary public in and for the State of Washington, personally appeared Michael J. Feuerborn, President of MJF Holdings, Inc, a Washington Corporation, the corporation that executed the within and foregoing instrument, acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. Notary Public in and for the State of Washington Residing at _____________ _ My commission expires:, ________ _ 19 20 EXHIBIT A LEGAL DESCRIPTION PARCEL A THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH Yz OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED]; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL B THE SOUTH Yz OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED], A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE URECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELC: THE NORTH Yz OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; 20 21 TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED], A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. File. CCR's Standards/ELMHURSTlDreamCraft Homes/sr 21 ARTICLES OF INCORPORATION OF ELMHURST M.J.F Holdings, Inc., acting as Incorporator of a Corporation under the provisions of the Washington Non-Profit Corporation Act (RCW Chapter 24.03), does hereby adopt and certify the f~lIowing Articles of Incorporation: I. NAME The name of the corporation shall be ELMHURST Homeowners Association (Association). II. PURPOSES AND POWERS The purposes for which this corporation is formed are: a) To establish, maintain, operate and control facilities for the amusement, recreation, health and welfare of the members of the Association. b) To own, purchase or otherwise acquire, construct, improve, develop, repair, operate, regulate and maintain andlor dispose of the common areas, streets, roadways, easements, parkways. recreational areas. footways, water system utilities, and in general. community improvements appropriate for the use and benefit of its members. (c) To acquire by gift. purchase. lease or otherwise. and to own. hold enjoy. operate. maintain and to convey. sell. lease. transfer. mortgage and otherwise encumber. dedicate for public use. and/or otherwise dispose of real and/or personal property or any interest therein. (d) To fix. establish, impose, levy and collect such fees. dues. charges and/or assessments as may be necessary in the judgement of the Board of Directors, to carry out any and all of the purposes for which this corporation is formed. e) To expend the moneys collected by this Association from assessments. fees, dues and charges and other sums received for the payment and discharge of costs, expenses and obligations incurred by this corporation in carrying out any or all of the purposes for which this corporation is formed. including the payment of taxes or assessments which may be levied by any public authority. f) To borrow money and mortgage. pledge or hypothecate any and all real or personal property of this corporation as security for money borrowed or debts incurred; to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members. g) To make contracts and incur liabilities. h) To grant easements. leases, licenses, and concessions through or over the Common Areas. and petition for consent to the vacation of streets and alleys. i) To participate in mergers and/orconsolidations with other non-profit corporations organized for the same purposes, or annex additional residential property and common areas. j) To make donations for the public welfare or for charitable, scientific or educational purposes. k) To institute, defend or intervene in litigation or administrative proceedings in its own on behalf of itself or two or more Lot Owners on matters affecting the Association. I) To exercise all other necessary, desirable or useful powers described in RCW 24.03 and RCW 64.38 (or as amended) in carrying out the objectives of this corporation. m) The objectives of the corporation shall be construed both as purposes and powers, and their enumeration shall not be construed to limit or restrict in any manner the general powers of the corporation, nor shall the expression of anyone thing be deemed tQ exclude another not so expressed. II. DURATION The corporation shall continue in perpetuity or until dissolution pursuant to law. .. III. BYLAWS The property, voting and other rights and privileges, and liabilities for charges and assessments of the members shall be set forth in the Bylaws of the Association . IV. NON-PROFIT PURPOSE The Association is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes, and no part of any net earnings thereof shall inure to the benefit of any member or any other individual. v. DIRECTORS The management of the corporation shall be vested in the Board of Directors; the number, qualifications, manner of election, period of service, time and place of meeting, and powers and duties of directors shall be such as prescribed by the Bylaws of the corporation. The number of directors constituting the initial Board of Directors is FOUR. The name and addresses are; (1). Michael J. Feuerbom, 215 East Meeker, Kent, WA 98032 (2). Amy K. Feuerborn, 215 East Meeker, Kent WA 98032 (3). Walter W. 8abb, 215 East Meeker, Kent WA 98032 (4). Sherri L. Rimpler, 215 East Meeker, Kent WA 98032 The members of the initial Board of Directors shall hold office for a period of one year or until their successors are elected and take office in the manner prescribed in the Bylaws. VI. DISSOLUTION In the event that this Association is dissolved by voluntary action or otherwise, the net assets of the Association shall be distributed to the members of the Association in the same proportion as their then existing ownership of membership of this Association, as set for the in the Bylaws. VIII. INCORPORATOR The name and address of the Incorporator of the corporation is Michael J. Feuerborn, 215 East Meeker, Kent, WA 98032. VII. REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation shall be 215 East Meeker, Kent, WA 98032. The name of the initial registered agent of the corporation at such address shall be Michael J. Feuerborn,. 215 East Meeker, Kent, WA 98032. IN WITNESS WHEREOF, the under signed, being the Incorporator of the corporation, has on this ~ day of ~ 1.«7t:" hereunto set ns hand and seal in duplicate. STATE OF WASHINGTON COUNTY OFt< IluCz1 ) ) ss. ) I certify that I know or has satisfactory evidence that Htf.Httl4.J Feut!J£dt!'!1 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the f>!l4S. of. t;:'""'U-IIIUJt...~-r ~eowAJ0t..!5 A-sSOClrl7/OYL to be the free and voluntary act for the uses and purposes mentioned in the instrument. DATED this I c.I'day of Ju L.V ' ZQgj-: ......... "' ........... " .... ,', . .;t' .... ~\L.RIIt .. '~., ~ {(,~ •••••.•• 'lilA I. . !' ~ .. ~sS\ON ~~" "i :;.:..I!..=,:::;<:=...,;:;.J _____ _ .,. .. ~ OTNl ~'. , t {8 ~ _._Y ~\ 1 ..s1J1:$ L. ~/H;7~ (Name) ~ <A ~ ,oUSL\C j £ NOTARY PUBLIC, in and for the state of Washington, ~ :;.\. ./ ~ j residing at: t::;7Jf::xi1ZJOO/J "f" ~·o··~:t!,9:~~··~f$ .; My Commission Expires: 09·30· O;J- "'" F WAS'i't\~.., ,'\\\\." ........... BYLAWS OF ELMHURST HOMEOWNERS ASSOCIATION I. PURPOSES AND POWERS 1.1 This corporation shall be conducted as a non-profit corporation for the purposes set forth in the Articles of Incorporation and for the mutual benefit of the members of the corporation. 1.2 The corporation shall have the power to levy and collect assignments against its members and to enforce the same as herein set forth and to exercise such other powers as may be lawfully established under the Washington Non- Profit Corporation Act, RCW 24.03,and the provisions of RCW 64.38. II. DEFINITIONS 1.3 "Association" or "Corporation" shall mean and refer to the ELMHURST Homeowners Association, its successors and assigns. 2.2 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, provided that where a Lot is being sold by real estate contract, the contract purchaser who resides on the property shall be deemed owner for membership purposes, but excluding those having such interest merely as security for the performance of an obligation. 2.3 "Properties" shall mean and refer to that ,certain real property referred to herein and more commonly referred to as "ELMHURST', and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 2.4 "Common Area" shall mean all real property (including the improvements thereto) owned or otherwise maintained, repaired or administered by the Association for the common use and enjoyment of the Owners, as delineated on the plat of the ELMHURST recorded under King County Auditor's No. The improvements shall include, but not be limited to, easements for ingress, egress and utility purposes, streetlights, and entrance signs. 2.5 "Lot" shall mean and refer to any plot of land, with the exception of the Common Area, as delineated on the plat of ELMHURST as recorded under King County Auditor's Fee No. _____ _ 2.6 "Developer" shall mean and refer to M.J.F. Holdings, Inc., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Developer for the purpose of development. 2.7 "Covenants, Conditions and Restrictions" (CCR's) shall mean that instrument filed , 20_, under King County Auditor's Fee No. _______ , and all subsequent revisions. III. MEMBERSHIP 3.1 Definition: Membership in the ELMHURST Homeowners Association shall consist exclusively of the individual Lot Owners of ELMHURST. Each of said members shall have one membership for each Lot of which he is the Owner, and the interest of each member shall be determined by the number of Lots owned. If any Lot or Lots are held by two or more Owners, the several Owners of each Lot shall be deemed collectively as one member for that Lot. 3.2 Transfer: No membership may be transferred, assigned, or in any manner conveyed, other than in the manner set forth below. Memberships shall be inseparably appurtenant to the Lots owned by the members, and upon transfer of ownership or contract of sale of any such Lot, membership shall be deemed to be transferred to the new fee Owner or contract purchaser. In the event of death of a member, the membership of such member shall be and become the property of the personal representative of such deceased member upon the appointment and qualification as such in a judicial proceeding and included in the liabilities of the deceased member until title shall be transferred or contracted to be transferred. No compensation shall be paid by the corporation upon any transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the property or assets of the corporation. 3.3 Withdrawal: Transfer of Title: No member may withdraw except upon transfer of title to the Lot as provided in Paragraph 3.2 above. 3.4 Common Area: The common area, as defined in Paragraph 2.4, shall be owned by the Corporation. All members shall be entitled to the use and enjoyment of all corporation properties and easements, in common with all members of the corporation; except as limited by the Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions and revisions thereto and easements and restrictions of record. 3.5 Delegation of Use: Any Owner may delegate his or her right of enjoyment of the Common Area and facilities to the members of his or her family, his or her tenants, or contract purchasers who reside on the property. 3.6 Suspension of Voting Rights: The voting rights of the members described in Article I of the covenants, Conditions and Restrictions shall be suspended until seventy percent (70%) of the lots in ELMHURST are sold or , (the fifth anniversary of recording of CCR's), whichever is sooner. For purposes of Article XIII, relating to the amendment of the Covenants, Conditions and Restrictions, the voting rights of the Lot Owners, excluding Developer, are also suspended in a similar manner. IV. MEETING OF MEMBERSHIP 4.1 Annual Meetings: The annual meeting of the members for the election of Directors and for the transaction of other business shall be held on _______ . If such annual meeting is omitted by oversight or otherwise on the date provided for, a subsequent meeting may be held in place thereof, and any business transacted or elections held at such meeting shall be as valid as if transacted or held at the annual meeting. Such subsequent meeting shall be called in the same manner and as provided for special member meetings. All meetings, annual or special, shall be held in such place as is deSignated by the Board of Directors, or if not so designated, then at the registered office. 4.2 Special Meetings: Special meetings of the members may be called at any time by the President, a majority of the Board of Directors, or by the written petition of any member or members holding an aggregate of one-tenth (1/10) of the voting power of all members, submitted to the Secretary. The petition shall state the time, date, and purpose of the special meeting, which shall be not less than 30 days from the date the petition is submitted. 4.3 Notice: Written notice stating the place, day and hour of the meeting, and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than fourteen (14) days nor more than sixty (60) days before the date of the meeting, either personally or by mail, by the Secretary. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, first class, addressed to the member at his or her address as it appears on the records of the corporation, with postage thereon prepaid. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the Board of Directors for a vote by the Owners, including the general nature of any proposed amendment to the Articles of Incorporation, Bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a Director. 4.4 Voting: All Owners including the Developer shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. In the event an existing Lot is further subdivided, each of the Lots shall also be subject to these Bylaws and shall be entitled to one (1) vote for each new Lot Owner. If existing Lots are further subdivided, the overall number of Lots shall increase accordingly. 4.5 Quorum: A quorum is present throughout any meeting of the Association if the Owners to which thirty-four percent (34%) of the votes of the Association are allocated are present in person or by proxy at the beginning of the meeting. 4.6 Open/Closed Meeting: Except as provided in this subsection, all meetings of the Board of Directors shall be open for observation by all Owners of record and their authorized agents. The Board of Directors shall keep minutes of all actions taken by the board, which shall be available to all Owners. Upon the affirmative vote in open meeting to assemble in closed session, the Board of Directors may convene in closed executive session to consider personnel matters; consult with legal counselor consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the Association, and matters involving the possible liability of an Owner to the Association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the state purpose for the closed session shall be included in the minutes. The Board of Directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No· motion or other action adopted, passed, or agreed to in closed session may become effective unless the Board of Directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure. 4.7 Proxies: All proxies must be in writing, executed by the members themselves or by their duly authorized attorneys, and must be filed with the Secretary at or before the meeting of the members. 4.8 Adjournment: Any regular or special meeting of the members at which there is a quorum present may adjourn, from day to day, or from time to time, without further notice, until its business is complete. 4.9 Presiding Officer: The President, or in his absence a Chairman, elected by the members present, shall call the meetings of the members to order and shall act as the presiding officer theron. 4.10 Secretarv: The Secretary shall act as a secretary at all meetings of the members and in his absence, the presiding officers may appoint any person to act as Secretary. v. BOARD OF DIRECTORS 5.1 Powers: The management of all the affairs, property and interests of the Corporation shall be vested in a Board of Directors. Except for the initial Directors which have been chosen by Developer, the Board of Directors shall be elected by a majority vote of the members of the Association for a term of one (1) year and shall hold office until their successors are elected and qualified. Directors need not be Owners of any Lot or real property .in ELMHURST. Developer or its Authorized Agent shall remain as a member of the Board of Directors until 70% of the lots in ELMHURST are sold, or , whichever is sooner. In addition to the powers and authority set forth in these Bylaws and the Articles of Incorporation, the Board of Directors may exercise all such powers of the Corporation and do all such lawful acts and things that are not directed or required to be exercised or done by the members of the Corporation by these Bylaws, the Articles of Incorporation, or the Declaration of Covenants, Conditions and Restrictions of ELMHURST. Without prejudice to such general powers, and subject to the same limitations, it is hereby expressly declared that the Directors shall have the following powers: (a) To appoint and remove at pleasure all officers, agents, and employees of the Corporation (including a maintenance supervisor and/or staff who shall maintain and control the property of the Corporation), describe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem proper. Nothing contained in these Bylaws shall be construed to prohibit the employment of any member, officer or Director of the Corporation in any capacity whatsoever. (b) To fix, establish, levy and collect such fees, dues, charges, and/or assessments as may be necessary in the judgment of the Board of Directors, including reasonable admission and other fees for the use of the recreational area, but assessment may not be in excess of the maximum set forth in Article of the Declaration of Covenants, Conditions and Restrictions. (c) To adopt and publish rules and regulations governing use of the Corporation policy and facilities and the personal conduct of the members and their guests thereon. (d) To suspend the voting rights and right to use the recreational area or common areas by an Owner for any period during which any assessment against the Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of the Association's rules and regulations. (e) To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive meetings of the Board of Directors. (f) Borrow money on behalf of the Corporation, including the power and authority to borrow money from any of the members, Directors, or Officers of the Corporation, and to authorize the execution of promissory notes or other evidences of indebtedness of the Corporation, and to agree to pay interest thereon, and otherwise to incur indebtedness on behalf of the Corporation. (g) To sell, convey, alienate, transfer, assign, exchange, lease or otherwise dispose of, mortgage, pledge, hypothecate and otherwise encumber the personal and real property, to purchase, lease and otherwise acquire personal and real property on behalf of the Corporation and subject to the voting rights of the members as described in Article I of the Covenants, Conditions and Restrictions. 5.2 Prohibitions: The Board of Directors shall not act on behalf of the Association to amend the Articles of Incorporation, to take any action that requires the vote or approval of the Owners, to terminate the Association, to elect member so the Board of Directors, or to determine the qualifications, powers, and duties, or terms of office of members of the Board of Directors; but the Board of Directors may fill vacancies in its membership of the unexpired portion of any term. 5.3 Number: The Board of Directors shall consist of three (3) Directors. The number of Directors may be increased or decreased at any time by the members or Directors at any annual or special meeting provided that no decrease shall have the effect of shortening the term of any incumbent Director except as provided in Subparagraph 5.3 hereunder. 5.4 Vacancies: All vacancies in the Board of Directors, whether caused by resignation, death or otherwise, may be filled by the affirmative vote of a majority of the remaining Directors though less than a quorum of the Board of Directors. A director elected to fill any vacancy shall hold office for the unexpired term of that person's predecessor or until a successor is elected and qualified. A Directorship to be filled by reason of an increase in the number of Directors may be filled by the Board of Directors for the term of office continuing only until the next election. For purposes of this paragraph, a Director's absence from three (3) consecutive meetings of the Board of Directors may be considered a "vacancy" by the remaining members of the Board of Directors. 5.5 Regular Meetings: Regular meetings of the Board of Directors may be held without notice at such time and at such place as the Board may by vote from time to time designate. 5.6 Special Meetings: Special meetings of the Board of Directors may be called at any time and on the order of the President or on the order of two (2) Directors. If said meeting is called by any two (2) members of the Board, a written request therefore shall be delivered to the Secretary of the Corporation who shall immediately give notice to the Board of Directors of the date, time and place of the meeting, which notice shall fix the date thereof at not less than two (2) days nor more than twenty (20) days after the filing of such request. Notices of special meetings of the Board of Directors stating the date, time and place, as well as the general purpose for which the special meeting is called, shall be mailed, or personally delivered to each Director, and the special meeting shall not be held sooner than two (2) days after the delivery of said notice or sooner than five (5) days after the mailing of said notice. An entry of the service of notice, given in the manner provided above, shall be made in the minutes of the proceedings of the Board of Directors, and such entry, if read and approved at the subsequent meeting of the Board of Directors, shall be conclusive on the question of service. Attendance of a Director at a special meeting shall constitute a waiver of the notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened. A Director may waive any notice required for any meeting by executing a written waiver of notice either before or after said meeting, such waiver shall be equivalent to the giving of such notice. 5.7 Quorum: A majority of the number of Directors shall constitute a quorum for the transaction of business. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. A majority of those present at the time and place of any meeting or special meeting, although less than a quorum may adjourn from day to day, or from time to time, without further notice until a quorum shall attend. When a quorum shall attend, any business may be transacted which might have been transacted at the meeting had the same been held on the day on which the same was originally appointed or called. 5.8 Budget: Within thirty (30) days after adoption by the Board of Directors of any proposed regular or special budget of the association, the Board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the Owners of a majority of the votes in the Association reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Owners shall continue until such time as the Owners ratify a subsequent budget proposed by the Board of Directors. 5.9 Registering Dissent: A Director who is present at the meeting of the Board of Directors at which action on a corporate matter is taken shall be presumed to have assented to such action unless that Director's dissent shall be entered in the minutes of the meeting or unless that Director either files a written dissent to such an action with the person acting as the Secretary of the meeting before the adjournment thereof, or forwards such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. 5.10 Action by Directors Without a Meeting: Any action that may be taken at a meeting of the Directors may be taken without a meeting if a consent in writing setting forth the action so taken or to be taken shall be signed by all of the Directors. Such consent shall have the same effect as a unanimous vote. 5.11 Removal: The Owners by a majority vote of the voting power in the Association present, in person or by proxy, and entitled to vote at any meeting of the Owners at which a quorum is present, may remove any members of the Board of Directors with or without cause. VI. OFFICERS 6.1 Designation: The Officers of the Corporation shall consist of a President, one or more Vice Presidents as the Board of Directors shall determine from time to time, a Secretary and a Treasurer. These officers shall be elected for one (1) year by the Directors at their first meeting after the annual meeting of the membership and shall hold office until their successors are elected and qualified. Any two (2) or more offices may be held by the same person except the offices of President and Secretary. None of said officers, except the President, need be a Director, but the Vice President who is not a director cannot succeed to or fill the office of the President 6.2 President: The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board are carried out, shall co-sign all leases, mortgages, deeds and other written instruments and shall co- sign all checks and promissory notes. 6.3 Vice President(s): During the absence or disability of the President, the Vice President or Vice Presidents, if any, shall exercise all the functions of the President in the order designated by the Board of Directors, except that a Vice President who is not a director cannot succeed to or fill the office of the President. Each Vice President shall have such powers and discharge such duties as may be assigned to that Vice President from time to time by the Board of Directors. 6.4 Secretary: The Secretary shall keep the minutes of all proceedings of the membership and of the Board of Directors in books of the membership and of the Corporation provided for that purpose. The Secretary shall issue notices for all meetings, and shall execute, with the President, in the name of the Corporation, all deeds, bonds, contracts and other obligations and instruments authorized by the Board of Directors to be executed. The Secretary shall also have charge of the seal of the Corporate books, and shall make such reports and perfo~m such other duties as are incident to the office or as are properly required by the Board of Directors. 6.5 Treasurer: The Treasurer shall keep, or cause to be kept, full and accurate accounts of receipt and disbursements in books to be kept for that purpose. He shall receive and deposit or cause to be received and deposited, all moneys and other valuables of the Corporation, in the name and to the credit of the Corporation, in such depositories as may be deSignated by the Board of Directors. The Treasurer shall disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements, sand shall co-sign with the President, all checks and promissory notes. The Treasurer shall also render to the President and to the Board of Directors, whenever they may require, accounts of all transactions as Treasurer and of the financial condition of the Corporation. In general, the Treasurer shall perform all of the duties incident to the office of Treasurer, subject to the control of the Board of Directors. 6.6 Delegation: In the case of absence or inability to act of any officer of the Corporation and of any person herein authorized to act in that officers place, the Board of Directors may from time to time delegate the powers or duties of such officer to any other Officer or any Director or any person whom it may select. 6.7 Vacancies: Vacancies in any office arising from any cause may be filled by the Board of Directors at any regular or special meeting of the Board. 6.B Term-Removal: The Officers of the Corporation shall hold office until their successors are chosen and qualified. Any Officer or agent elected or appointed by the Board of Directors may be removed at any time, with or without cause, by the affirmative vote of a majority of the whole Board of Directors. VII. INDEMNIFICATION OF OFFICERS AND DIRECTORS Each Officer and member of the Board of Directors shall be indemnified by the members of the Association against all expenses and liabilities including attorney's fees, reasonably incurred by or imposed upon him or her in connection with any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been an Officer or member of the Board at the time such expenses are incurred, except in such cases where an Officer or a member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided, however, that in the event of a settlement, the indemnification shall apply only when the Board approved such settlement and reimbursement as being for the best interests of the Corporation. VIII. TRANSACTIONS No transaction entered into by the Corporation shall be affected by the fact that any members, Directors, or Officers of the Corporation are personally interested in it; and every member, Director or Officer of the Corporation is hereby relieved from any disability that might otherwise prevent his contracting with the Corporation in which he may be in any way interested (provided such member, Officer, or Director has fully declared any such interest) and that fact that the member, Director and/or Officer of the Corporation is in whole or in part the same as those of any other Corporation shall not in any way affect the validity or enforceability of any agreement or transaction between the two corporations. IX. ASSESSMENTS 9.1 Members' Obligation of Assessment: The members of the Corporation shall be liable for the payment of such charges or assessments as may be fixed by the Association. All charges or assessments shall be levied at a uniform rate per Lot without distinction or preference of any kind. All charges and assessments, when collected by the Association, shall become the property of the Corporation be expended only upon the approval of the Board of Directors, and the signatures of the President and not less than one (1) other officer of the Corporation shall be required on all checks or other orders· for the payment of money. 9.2 Payment Date: Remedies of the Association: From time to time, as and when any such assessment or charges are levied, each member with respect to the Lot to which his or her membership is appurtenant, shall pay the amount of such assessment to the Corporation at its office, within thirty (30) days after the mailing of the notice of such assessment to the members. Any assessment not paid within thirty (30) days after this due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose a lien against the property in the manner provided for mechanic's liens, except that the Association shall not be limited by the notice and time provision of RCW 60.04 et. seq. In the event that legal counsel is sought by the Corporation in connection with the collection of any charges or assessments, the defaulting member shall pay all attorneys' fees incurred by the Corporation. X. FINANCIAL AND OTHER RECORDS The Association or its managing agent shall keep financial and other records sufficiently detailed to enable the Association to fully declare to each Owner the true statement of its financial status. All financial and other records of the Association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the Association. Each Association managing agent shall turn over all original books and· records to the Association immediately upon termination of the management relationship with the Association, or upon such other demand as is made by the Board of Directors. An Association managing agent is entitled to keep copies of Association records. All records which the managing agent has turned over to the Association shall be made reasonably available for the examination and copying by the managing agent. All records of the Association, including the names and addresses of Owners and other occupants of the Lots, shall be available for examination by all Owners, holders of mortgages on the Lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the Association or its managing agent. The Association shall not release the unlisted telephone number of any Owner. The Association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the Association in providing access to records. At least annually, the Association shall prepare, or cause to be prepared, a financial statement of the Association. If the Association has annual assessments of fifty thousand dollars or more, the financial statement shall be audited at least annually by an independent certified public accountant, but the audit may be waived if sixty-seven percent (67%) of the votes cast by owners, in person or by proxy, at a meeting of the Association at which a quorum is present, vote each year to waive the audit. The funds of the Association shall be kept in accounts in the name of the Association and shall not be commingled with the funds of any other Association, nor with the funds of any manager of the Association or any other person responsible for the custody of such funds. XI. AMENDMENTS Until 70% of the Lots in ELMHURST are sold or , whichever is sooner, Developer may alter or amend these Bylaws at Developer's option. After this date, the Bylaws, or any part thereof, may be altered or amended by the Board of Directors upon approval in writing by a majority vote of the Directors. We hereby certify that the foregoing are the Bylaws of ELMHURST Homeowners Association, adopted by the Board of Directors on the __ day of _____ _ lTY OF RENTON 1055 S. Grady Way Renton, WA 98055 DEVELOPMENT . ----------------------------CITY OF RE~LA~!'.jU\!l Printed: 07-26-2005 Payment Made: Land Use Actions RECEIPT Permit#: LUA05-090 07/26/200503:37 PM Receipt Number: 0.,. JUL 2 6 2C~; ~~ RECEIVEt) R0504050 Total Payment: 1,000.00 Payee: GARY MERLINO CONSTRUCTION CO 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 58192 1,000.00 Account Balances 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 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 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 Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 REVISIONS '~. cr> r<) o ~ (J 0 , ~I-------i '~ u.z o~ ~z -w 00: ~I------I ,,' w ~ u w o If) II • ,.... 0:: CL CL « >-co x 1-I--+-+-1I---1--i - a Vi 5 UJ 0:: ci z SEC. 15, TWP. 23 N., RNG. 5 E., W.M. "ELMHURST" RESIDENTIAL SUBDIVISION RENTON, WA. OWNER/ DEVELOPER: ( (PROJECT NO. LUA-, PP) LIBERTY RIDGE, LLC 9125 10TH S SEATTLE, WA., 98108 PHONE: (425) 226-1000 FAX: (425) 228-4924 CIVIL ENGINEER : (ROAD AND UTILITY PLANS) PACIFIC ENGINEERING DESIGN, LLC 4180 LIND AVE. S.w. RENTON, WA 98055 PHONE: (425) 251-8811 FAX: (425) 251-8880 SURVEYOR: GEOTECHNICAL ENGINEER: CENTRE POINTE SURVEYING WETLANDS 33701 9TH AVE. S ENGINEER: FEDERAL WA Y, WA., 98003 PHONE; (253) 661-1901 EARTH CONSULTANTS, INC. 1805-136TH PLACE N.E., SUITE 201 BELLEVUE, WA., 98005 PHONE: (425) 643-3780 SHANNON & WILSON, INC. 400 NORTH 34TH STREET SUITE 100 P. O. BOX 300303 SEA lTLE, WA., 98103 PHONE: (206) 632-8020 FAX: (206) 695-6777 I I Iv: /\1:;: T, I'~'S A.CRE TRACTS U ~~ R[COF~D[D PREI .. il!lir~AF;Y !~JLA,1 01':-F<iDCLVI[W COUI·-\T cowsied i ock\\'\~ Cw, I' ~ r:.', c! Q., ~ f'e.'bv\'I'<cP @) I ~ u." ';\ 5. cQ;j \ d.. I.-~I'\; '\ S CD f:'; Lel'\; \' ._ ... -.. ----- N.E.2ND _Fb-.. (f>F!WA TE ROAD) ------------I , ":-1 r----~ : 15 /; I J I L ____ _ ---t--i2f. r-----l I 16 L ____ _ 324.02' < 323.83' > I ---, I ~ I I L I -----____ -l T-----' 40: --I • _____ ..1 317.02' < 316.83' > ,-----1 : 43 I I ,-----1 I 44 I I I L _____ .J TRACT A -----i- \ . TRACT , 4{-) / / ":t4,.II,r,··' . ;r.;;:;;z::r::::--..L..."f:::...L....---L.....\-3f7h.6ij2~24.4s:;-t_---1...--TL---L-T-1+ ? ,.J \ \ fT~~'! WOOD\ NOR lH \ \ \ II F< /-.\ C r I -- I , , , . , , i L . .L.J > __ J , ~- ) SHEET INDEX (PARCEL NO. 518210049, 518210050 AND 518210051) CI COVER SHEET C2 TEMPORARY EROS/ON/Sm/MENTA TlON CONTROL PLAN C3 TEMPORARY EROS/ON/Sm/MENTA TlON CONTROL DETAILS C4 TEMPORARY EROS/ON/SmIMENTA TION CONTROL DETAILS AND NOTES C5 HORIZONTAL CONTROL C6 COMPOSITE UTILITY PLAN C7 GRADING PLAN (NORTH 1/2) C8 GRADING PLAN (SOUTH 1/2) C9A GRADING DETAILS AND NOTES C9B GRADING DETAILS C9C GRADING DETAILS C10 N.E. 2ND PL STA. 9+92.81 TO STA. 13+30.00 PLAN AND PROFILE C11 WHITMAN PL N.E. STA. 13+30.00 TO STA. 16+50.00 PLAN AND PROFILE C12 WHITMAN PL N.E/N.E. 2ND CT STA. 16+50.00 TO STA. 19+50.00 PLAN AND PROFILE C13 N.E. 2ND CT STA. 19+50.00 TO STA. 23+24.55 PLAN AND PROFILE C14 ANACORTES PL N.E. STA. 29+96.40 TO STA. 32+50.00 PLAN AND PROFILE C15 ANACORTES PL N.E. STA. 32+50.00 TO STA. 34+28.99 PLAN ANO PROFILE C16 BREMERTON AVE. N.E. STA. 17+ 78.76 TO STA. 21+50.00 PLAN AND PROFILE C17 BREMERTON AVE. N.E. STA. 21+50.00 TO STA. 23+49.59 PLAN AND PROFILE C18 DETENTION POND PLAN C19 DETENTION POND CROSS SECTIONS C20 STORM DRAINAGE DETAILS AND NOTES C21 STORM DRAINAGE DETAILS C22 STORM DRAINAGE DETAILS C23 N.E. 2ND PL STA. 9+92.81 TO STA. 13+30.00 SANITARY SEWER/WATER PLAN AND PROFILE C24 WHITMAN PL N.E STA. 13+30.00 TO STA. 16+50.00 SANITARY SEWER/WA TER PLAN AND PROFILE C25 WHITMAN PL N.E/N.E. 2ND CT STA. 16+50.00 TO STA. 19+50.00 SANITARY SEWER/WA TER PLAN AND PROFILE C26 N.E. 2ND CT STA. 19+50.00 TO STA. 23+24.55 SANITARY SEWER/WATER PLAN AND PROFILE C27 ANACORTES PL N.E. STA. 29+96.40 TO STA. 32+50.00 SANITARY SEWER/WA TER PLAN AND PROFILE C28 ANACORTES PL N.E. STA. 32+50.00 TO STA. 34+28.99 SANITARY SEWER/WATER PLAN AND PROFILE C29 BREMERTON AVE. N.E. STA. 17+ 78. 76 TO STA. 21+50.00 SANITARY SEWER/ WA TER PLAN AND PROFILE C30 BREMERTON AVE. N.E. STA. 21+50.00 TO STA. 23+49.59 SANITARY SEWER/ WA TER PLAN AND PROFILE C31 SANITARY SEWER DETAILS AND NOTES C32 WA TER DETAILS AND NOTES C33A WA TER DETAILS C33B WA TER DETAILS C34 EXISTING CONDITIONS PLAN 50 0 25 50 100 , •• ..., I !_~I GRAPHIC SCALE SCALE: 1" = 50' ZONING SITE AREA R-l0 9.45 ACRES BASIS OF BEARING TRUE NORTH. BASED UPON GLOBAL POSITIONING SYSTEM (GPS) LAMBERT GRID WASHINGTON STATE NORTH ZONE COORDINA rES. A CONVERGENCE ANGLE OF 00·58'30.28" COUNTERCLOCKWISE WAS APPLIED A T A PUNCH MARK IN 3" KING COUNTY SURFACE BRASS DISC, AT THE STREET INTERSECTION OF NE 4TH ST. AND 148TH AVE. SE, MARKING THE NORTHEAST CORNER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 fAST OF THf WlLLAMETrE MERIDIAN. THE NORTH AMERICAN DA TUM OF 1983/1991 (NAD 83/91) GRID COORDINA TES WERE FOUND TO BE 18090J.998 / 1316622.321 AT THAT POINT. THE INVERSE OF BOTH THE SEA LEVEL CORRECTION FACTOR OF 0.999981824 AND THE GRID SCALE FACTOR OF 1.000002187 WAS APPLIED TO THE GRID COORDINA TES FOR SHOWN GROUND DISTANCES. VICINITY MAP N VERTICAL DATUM CITY OF RENTON, NAVO 88 CONTOUR INTERVAL = 2' BENCHMARK BASE: KING COUNTY POINT # RENT1852: FOUND PUNCH IN 3" KING COUNTY SURFACE BRASS DISC A T THE STREET INTERSECTION OF NE 4TH STREET AND 148TH AVE. SE MARKING THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 23N., RANGE 5E., W.M. ELEVA TlON= 454.78 FEET. SITE: SET COTTON GIN SPIKE 19.1' SOUTHWEST OF THE WEST COLUMN OF GA TE. ELEVATlON= 407.96 FEET. NOTE: CONSTRUCTION ACTIVITIES ARE LIMITED TO THE HOURS BETWEEN 7: OOAM AND 8: OOPM, MONDA Y THROUGH FRIDA Y AND 9: OOAM AND 8; OOPM SA TURDA Y (RMC SECTION 4-4-030, C. 3. B). IN ADDITION, HAUL HOURS ARE LIMITED TO THE HOURS BETWEEN 8: 30{lM AND 3: 30PM MONDA Y THROUGH FRIDA Y, UNLESS APPROVED IN WRITING liN ADVANCE BY THE DEVELOPMENT SERVICES DIVISION ~~~-~~~~J,PTlON PARCEL A; THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE NORTH HALF OF TRACT 5, MARTIN ACRE TRACTS, ACCORDING TO THE UNRECORDED PLA T THEREOF. SITUA TE IN THE COUNTY OF KING, STA TE OF WASHINGTON. PARCEL B: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERL Y 7.5 FEET THEREOF FOR ROAD; (ALSO KNOWN AS THE SOUTHERLY HALF OF TRACTS 5 AND 6, MARTIN ACRE TRACTS, ACCORDING TO THE UNRECORDm PLA T THEREOF. SITUA TE IN THE COUNTY OF KING, STA TE OF WASHINGTON PARCEL C: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR ROAD; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER. (ALSO KNOWN AS THE NORTH HALF OF TRACTS 5 AND 6, MARTIN ACRE TRACTS, ACCCRDING TO THE UNRECORDED PLA T THEREOF; EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF SAID TRACT 5); SITUA TE IN THE COUNTY OF KING, STA TE OF WASHINGTON CHECKED FOR COMPLIANCE TO CITY STANDARDS _________ Date ____ _ _________ Date ____ _ ____________ Date _____ _ RECOMMENDED FOR APPROVAL By: _____ _ By: _____ _ MAY 6. 2007 PROJECT NO.: 02054 DRAWN BY: .JGC ISSUE DATE: 03-07-05 SHEET REV.: 06-13-05 (12054CVOl -COl C01 LLLLLL~ ____________________________________________________________________________________________________ -----------------------------------------------------------~ ~------------------------------ fLU-HURST VOLUME/PAGE ~ A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N. , Range 5 E., W. M. Washington DEDICATION: Know all people by these presents that M.J.F. Holdings. Inc., a Washington corporation ("Dedicator"), the owner of a fee simple interest in the land hereby subdivided, hereby declares this plat to be the graphic representation of the subdivision made hereby and does hereby dedicate to the use of the public forever all streets and avenues not shown as private hereon and dedicate the use thereof for all public purposes not inconsistent with the use thereof for public highway purposes, and also the right to make all necessary slopes for cuts and fills upon the lots shown thereon in the original reasonable grading of said streets and avenues. Dedicator further dedicates the easements and tracts depicted and described on this plat to the persons and entities identified and for the purposes stated. Further, the Dedicator hereby waives for itself and its heirs, successors and assigns and any persons or entities deriving title from the Dedicator, any and all claims for damages against the City of Renton and its successors and assigns that may be occasioned by the establishment, construction or maintenance of roads and/or drainage systems within this subdivision other than claims resulting from inadequate maintenance by the City of Renton. Further, the Dedicator hereby agrees for itself and its heirs, successors and assigns to indemnify and hold the City of Renton and its successors and assigns harmless from any damage, including any costs of defense, claimed by persons within or without this subdivision to have been caused by alterations of the ground surface, vegetation, drainage, or surface or sub-surface water flows within the subdivision or by establishment, construction or maintenance of the roads within this subdivision; provided, however, that this waiver and indemnification shall not be construed as releasing the City of Renton, its successors or assigns, from liability for damages, including the cost of defense. resulting in whole or in part from the negligence of the City of Renton, its successors or assigns. This subdivision, dedication, waiver of claims and agreement to hold harmless is made with the free consent and in accordance with the desire of said owner. DEDICA T(IR: M.J.F. f1oldings, Inc., a Washington corporation By: Michael J. Feuerborn, President EXCHANGE COUNSEL, INC., a Washington corporation, the holder of a deed of trust beneficiary's interest in the land hereby subdivided (King County Recording No. 20050707001746), hereby consents to the above-stated Dedication and this plat. EXCHANGE' COUNSEL, INC., a Wash ington corporat ion By: Mark E. Hodges, Pres ident ACKNO WLEDG EMENTS: STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as President of M.J.F. HOLDINGS, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: Signature Name (Pr int) Title Notary Public _________ __ My Appointment Expires STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MARK E. HODGES is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as President of EXCHANGE COUNSEL, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: Signature Name (Print) Title Notary Public ______________ _ My ApPointment Expires APPROVALS: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments fOr which the property subject to this subdivision may be liable to the city, and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use have been duly paid, satisfied or discharged, this day of , 2005. Finance Director CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS Examined and approved this ___ day of ____________ _ , 2005. Administrator CITY OF RENTON MAYOR Examined and approved this ___ day of ___________ _ , 2005. Mayor CITY OF RENTON Examined and approved this ____ ~day of ____ ...... 2005. City Clerk KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved this ____ ~day of ____ --', 2005. King County Assessor Deputy, King County Assessor Account Numbers ______________________________________________________ _ KING COUNTY FINANCE DIVISION 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 assessments certified to this office for collection on any of the property herein contained, dedicated as streets, alleys. or for any other public use, are paid in full. this day of ____ --', 2005. Manager Finance Division Deputy RECORDER'S CERTIFICATE Filed for record at the request of the City of Renton this _...,.--_,day of .2005, at minutes past and recorded in Volume of Plats, pages records of King County, Washington. Division of Records and Elections Manager Superintendent of Records LAND SURVEYOR'S CERTIFICATE: I hereby certify that this plat of Elmhurst is based on an actual survey done by me or under my direct supervision; that the bearings and distances are shown correctly; that the perimeter monuments have been set and that all other monuments and lot corners have been set or bonded with the city and will be set prior to the release of the bond; that I have fully complied with all State and City regulations governing platting and that the plat conforms to the approved preliminary plat and the conditions of approval thereof. ~zf1Jr) THE OWNER/DEVELOPER, SHALL DEFEND. INDEMNIFY AND HOLD THE CITY OF RENTON. ITS OFFICERS. OFFICIALS. EMPLOYEES AND VOLUNTEERS HARMLESS FROM ANY AND ALL CLAIM, INJURIES, DAMAGES. LOSSES OR SUITS INCLUDING ATTORNEY FEES, ARISING OUT OF OR IN CONNECTION WITH THE COMPLETION OF ALL REQUIRED PUBLIC FACILITY IMPROVEMENTS FOR THIS PLAT. THE CITY'S FINANCIAL OBLIGATION TO CONSTRUCT ANY DEFAULT PRIVATE UTILITY FACILITIES AND PUBLIC INFRASTRUCTURE FOR STREETS. WATER UTILITY. SANITARY SEWER UTILITY, OR STORM WATER UTILITY SYSTEM IS LIMITED TO THE FACE VALUE OF THE BOND THE OWNER/DEVELOPER HAS POSTED IN LIEU OF THE REQUIRED PUBLIC IMPROVEMENT. THE CITY RESERVES ITS UNILATERAL RIGHT TO ESTABLISH THE SCHEDULE FOR CONSTRUCTION OF DEFAULTED PLAT INFRASTRUCTURES. THIS STATEMENT IS LEGALLY BINDING UPON THE HEIRS. AND/OR ASSIGNS OF THE OWNER/DEVELOPER, SUBSEQUENT PROPERTY OWNERS AND THEIR HEIRS AND/OR ASSIGNS. Date ~ Centre 33701 9th Avenue South • Federal Way, WA. 98003 INDEX DA'l'A; NW-NW 15, T23N, R5E, JYM P · t (253) 661-1901 ~ ~ Olne t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: Ju 1 Y 18. 2005 JOB NAME: FINAL PLAT SCALE: NA JOB NO.: 2257 SURVEY FOR: MJF Holdings, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON~"" ED SHEET 1 OF 5 I LINE Cl C2 C3 C4 C5 C6 C7 C8 C9 CI0 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 ££HHl/RSr VOLllME/PAGE A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N. , Range 5 E., W, M. ~ashington I I I I I I I I I I I \ I I \ I I I I I . \ " (\J .... tD 127 .29' I 5' tD C\J ...J "f C\J ...J en (\J ...J (Xl (IJ ...J " (IJ ...J l!') 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S89'OS'05"E 461,01' 10' UDSE .... (IJ o o z .... C\J 40.00' 57 19999/ 40.00' 224.97' 50,00' ---~ 50.00' o 10 m LLJ , o o z 0' UDSE 40,00' . ---rl 40.00' o 10 m w , o o z 25. 12' r> ---"~ \1:> 60 /9999/ I I I len I: I" 50.40.1 SS9'OS'05"E 126.37' SS9'OS'05"E 104.05' 55 199991 S89'08'05'E 125.62' 54 19999/ SS9'OB'05"E 121.6B' w 0 , 0 l!') o 0 "l' (Xl .... . .... 0 ~ 0 o "f SS9 'OS' 0:," E 62 1999(11 S89'08'05E o ~ 63 \~ I~ I~ 105.12'1· I~ I~ 21' I 21' " o o o (\J ~ m l!') . (T) :"'\ o o z 198.54' 1 6S.03' '\.-------~V( 41 ~ I 199991 en .... I S89 '08 '05 "E 93.52' ;\ 40 01 19999/ 10 1 S89'OS'05"E 93.52' .... O'UDSE (\J 71. 99' T------'" 6' 42 \. ..... o ~ , o en to 10 199991 I "f 10 C\J SS9'OS'05"E 96.52' 43 /9999/ ~ SS9 '08 ' 05" E 25' ~I 00'1 39 ; ~ A. A. I· ~ to I /9999/ ~ ~ I ~ ~ I S89'08'05"E 96 52,1 ~ ~ S89 'OS' 05" E 93. 52 ' . \ ~ LLJ r~+I----3--8----4. -----------4~ ~ : I /9999/ ~ 45 I iLl (T) I ~ /9999/ I ~ S89~S'05"E 93.53' S89'OS'05"E 96,52' (T) 10 .... (IJ~ 46 I iLl . ~I 1/16th Line. tD \ (T) $17' ~lm 10'53"£ ~ .!L' 9999 to ~ (T)-SS9'OS'05"E 95.79' ~ 199991 I ~ S89 'OS ' 05 "E 97. 68 ,I ~ 20 199991 17.5' ~ , .... (T) o o z \ \ \ \ \ \ \ SB9'46'25"E 101.38' 21 199991 . w CJ:!' IT) en .N tD· 100.15' (T) ~ riZI SS9'08'05"E \ \ \ \ \ \ \ \ ~ '(Os:v\ ~~\ 26 ' (0 (1) \ ~~ -'0\ 010 ~ ~~\ TRACT A ~ 1Q\ 1'" ~~ \ 4 ~~~ .... ~~\ ~ g g g 0 22.66' ----.-50.00' 50.00' 50,00' \ <S'<",.., ~ ~ 10 l!') 0 \ <;. v::P ,,~~ (6' : ~ LLJ en ~ ~ ~ \ ~: ~V'\ ~ 23 ~ 2 4 ~ 25 ~ 26 ~ 27 ~ 28 ~ 29 ~ ~'I\ "'~ \ Edge 0 r-/ ,\'" 10 19999/ l!') /99991 l!') /9999/ l!') 199991 10 /9999/· /99991 ~ ~, ~,/ \ Stream "" ;r ;r ::r ::r :r 10 ~,19999/ en (T) "" 0 goo ~ ;r LD:'" "-" 0 zoo 0 0 tDo " Z Z Z Z ~ 0 \---~------------r-------~2~6~1~.5~1~'/""~--~--~~"C-)~A~(~'~~~~~------____ ~~~~77~5:0~,:0~0;'~~~5~0~.~00~' .J ___ 5~0~'~0~0~' __ 4-__ ~5~0~,0~0~' __ 1-~5~0~.~0~0~·~L-~5~0~'2020~'~L.~53~.6~5~' __ -1ZJ , ,,-;:,-__ S89'14'3S"E 648,S9' ~V< II -7 t-< J \ '-/ ~t/ II" II\,IVI / ~--;:;11 -;:;-;:; -::'"""' 'DA/" , ARC DELTA RADIUS 15.95' 4'03'45" 225.00' 1.65' 3'47'02" 25.00' 27.06' 62 '01' 24" 25.00' 0.52' 0'09'06" 196.00' 50.58' 14'47'06" 196,00' lS1. 66' 53'06'16" 196.00' 24.63' S'15'10" 171.00 ' 39.33' 13 '10' 36" 171.00 . 33.63' 28'45'37" 67.00' 20.08' 17'10'03" 67,00' 38.74' 33'07'48" 67.00' 13.54' 11 '34' 52" 67.00' 13.57' 31 '05'55" 25.00' 26.18' 60'00'00" 25,00' 12.61 ' 28'54'05" 25.00' 26.18 ' 60'00'00" 2S.00' 39.75' 91 'OS'55" 25.00' 39.01 ' 10'06'49" 221. 00' 9.7S· 2'32'OS" 221,00' 44.36' 101'39'32" 2S.00' 39.70' 90 'S9' 21" 2S.00' 37.73' 86 '27' 41" 25.00' 39.51 ' 12'38'53" 179.00' 3S.79' SS'54'05" 2S.00' 39.55' 90'38'20" 2S.00' 28.73' 12'45'38" 129.00' 19.52' 8'40'08" 129.00' 21. 97' 8'10'32" 154.00' 4554' 16'56'42" 154.00' 3508' 13'03'00" 154.00' 58.46' 21 '45'00" 154.00' 1922' 36 '42' 19" 30.00' 2 62' 0'40'42" 221.00' ~r~ '\ r:.-r:.,c)~ IIA/r"\r"\[\ ~ Ir"\C),1 1 "'~I ,-/~t '-/,/ ,I I 1 \,IV I / ~ "\ 1 l.fl \1 ~ n VVLJ 1 ~VI \ 1 rl '-''-.,. '/L.. LINE BEARING DISTANCE L1 N03'14'Ol"E 8.89' L2 N79'27'24'W 60.33' L3 N79'09'12"W 32.66' L4 NS2'09'26"W 25.82' L5 N56'09'40"W 30,42' L6 N39'52'10"W 25.26' L7 N4S'5B'19"W 21. 2S' LB N29'17'44"W 24.S5' L9 N15'28'25"W 31. 95' L10 N18'44'43"W 41. 02' L11 N14'15'58"W 15.53' L12 S14'15'5B"E 14,56' L13 N07'06'36"W 37.03' L14 S05'22'27"E 3,48' U5 N05'22'27"W 51. 23' U6 S15'40'24"E B.99' L17 N15'40'24"W 41. 59' L18 S15'40'24"E 6.49' L19 NOO'22'5S"W 27.43' L20 S03 '56' 41 "W 6.34' L21 N03'56'41"E 17.53' L22 NOl '48'37"W 22.52' L23 N01'4S'37"W 23.66' L24 SO 1 '52' 41 "W 16.36' L25 NO 1 '52' 41 "E 21. 34' L26 SOO'13'35"W 18.67' L27 NOO'lS'OO"E 52.07' L28 NOO'04'09"E 24.39' L29 N02'02'50"E B7.63' LEGEND: ~ Monument found as noted. Visited Sept. IS, 2004. • Set #4 rebar with yellow plastic cap stamped " 22338/38965". )8( = Set "X" in brass disk in 4" x 4" concrete post in monument case. (R) = Radial bearing ~ = Address number UDSE Utility, Drainage and Sidewalk Easements. AUE Private Access and Utility Easement to Lot 14. UE Utility Easement. t Centre 33701 9th Avenue South ~ Federal Way, WA. 98003 _~_ Pointe (253) 66H90I ~ Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: Ju 1 Y 18, 2005 JOB NAME: FINAL PLAT SCALE: 1" = 50' JOB NO.: 2257 I " INDEX DATA: o 50 100 -, ---1---1 SCALE: 1" 50' NW-NW 15, T23N, SURVEY FOR: MJF Ho] dings, Inc. 213 East Meeker Kent, WA 98032 JUL 26 RE KING COUNTY, WASHINGTON SHEET 2 OF 5 A portion of the City of Renton, Basis of Bearing: NW 1/4 of the True North. Based upon Global Positioning System (GPS) Lambert Grid Washington State North Zone coordinates. A convergence angle of 00°58'30.28" counterclockwise was applied at a punch mark in 3" King County surface brass disc. at the street intersection of NE 4th St. and 148th Ave. SE. marking the Northeast corner of Section 15. Township 23 North. Range 5 East of the Willamette Meridian. The North American Datum of 1983/1991 (NAD 83/91) grid coordinates were found to be 180903.998 / 1316622.321 at that pOint, The inverse of both the sea level correction factor of 0.999981824 and the grid scale factor of 1.000002187 was applied to the grid coordinates for shown ground distances. Renton Control Monuments: Base #1: CITY OF RENTON CONTROL POINT #1503 Found copper nail in concrete post. incased. at the intersection of Union Avenue Northeast & Northeast 4th Street, Elevation 401.02 feet Northing 181067.883 Easting: 1311396.675 Base #2: CITY OF RENTON CONTROL POINT #478 Found copper nail in concrete post. incased. at the intersection of Union Avenue Northeast & Southeast 2nd Place. Elevation 391.02 feet Northing: 118418,364 Easting: 1311352,404 Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W,M.; EXCEPT THE EAST 37,5 FEET THEREOF FOR BREMERTON AVENUE NE: TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO, [TO BE DETERMINED]. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. [TO BE DETERMINED]: (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON, PARCEL B: THE SOUTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W,M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED]. A COPY OF WHICH IS RECORDED UNDrR RECORDING NO. [TO BE DETERMINED]: (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCOHDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERlY); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON, PARCEL C: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.: EXCEPT THE EAST 37,5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. [TO BE DETERMINED]. A COPY OF WHICH IS RECORDED UNDER RECORDING NO, [TO BE DETERMINED]; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER: (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON, -h I-- NE 6TH ST UJ z > NE 5TH ST <t ...J ...J <t > NE 4TH Sl1 ::l 0 W Z W > C/) <t VICINITY MAP 1" =1/4 Mile w z -> <t --- - VOLUME/PAGE £.£HHl/RSr NW 1/4 of Section 15, King County, Township 23 N., Range 5 E. , W. M. Washington Northwest corner of Section 15. Township 23N. Range 5E. W.M, Found copper nail in concrete post. incased, City of Renton #1503. 9 1y S89 '01' 30"E 2585.77' 16~646.44"""--10 -.r o .... ? o o z . co -.r C\J CD CD I co -.r C\J CD CD (T) ID C\J C\J (T) ""' ~66_' __ S89'08'05"E~ ""' (T) . r-.. ? 0 0 Z 648,89' I~ CD CD I 646.44' 647.66' 1295.33' r-.. C\J ""' CD CD 648.89' o C\J o -.r CD C\J S89'14'38"E 2595.55' :J:: I; . o I~ o ""' ~I West 1/4 corner of Sect ion 15. Townsh ip I 23N. Range 5E. W. M. Found copper nail in 1292.89' 1297.77' ~ -r ~North 1/4 corner of Section 15. Township 23N. Range 5E. W.M. Found 2" brass disc with "X". o ID ~ CD C\J :J:: , o o r-.. f'J o ~ I .k' o 400 800 -I -!-:--~ .. SCALE: 400' concrete post. incased. 16 _ /ity of Ren:~:2::?8 I ~ S89'27'41"E 2605.36' 1" 1302.68' CONTROL SKETCH Surveyor's Notes: 1) The monument control shown for this site was accomplished by fie ld traverse ut i liz ing a one (1) second theodo 1 ite with integral electronic distance measuring meter (Geodimeter 600) and Real Time Kinematic (RTK) / Static Global POSitioning System (GPS). Linear and angular closure of the traverses meet the standards of WAC 332-130-090. 2) Full reliance for legal descriptions and recorded easements have been placed on the title report from Stewart Title Guaranty Company Commitment Order No, 205115486. dated ________________ ~, 2005. No additional research has been attempted. 3) Offset dimensions shown hereon are measured perpendicular to property lines. 4) The Articles of Incorporation for the Elmhurst Homeowners Association are on file with the State of Washington Secretary of State's Corporations Division Office in Olympia, Washington, 5) There shall be NO direct vehicular access to or from Bremerton Avenue Northeast in regard to Lots 1,29 and 30. INDEX DATA: ~ Centre 33701 9th Avenue South • Federal Way, WA 98003 P · t (253) 661-1901 ~ $>-Oln e t Surveying NW-NW 15, T23N, R5E, WM SURVEY FOR: MJF Holdings. Inc. 213 East Meeker Kent. WA 98032 -UCVELOPMENT CITY OF RE~ ~~N'NG JUL 2 6 ~ 05 DRAWN BY: S Woods DATE: Ju 1 Y 18. 2005 SCALE: 1" = 500' CHECKED BY: S Woods JOIl NAIIE: FINAL PLAT JOB NO.: 2257 KING COUNTY, SHEET WASHING f6~-EIVf ) 3 OF 5 VOLUME/PAGE ££HHl/RSr A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, Township 23 N. , Range 5 E., W. M. King County, Washington PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS See that cel'tain "Declaration of Protective Covenants. Conditions. Easements and Restric1 ions of Elmhurst" recorded under King County Recording No. (the "Elmhurst CCRs "). Note that the Elmhurs~ CCRs may sullsequently be amended from time to time as provided-for thereIn or as otherWise provided-for by law. CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION M. J. F. Ho Id i ngs, Inc., a Wash ington corporat ion, he~eby conveys and quitclaims 'rract A to the Elmhurst.Homeowners Assoclatlon, a Wa~hlngton non-prof it corporation, together Wl th after-acqulred t 1 tle, sub) ect to the various easements set forth on this plat. CONVEYANCE OF TRACT B TO THE HOMEOWNERS ASSOCIATION M.J.F. HoldIngs Inc., a Washington corporation. hereby conveys and quitclaims rract B to the Elmhurst Homeowners Association, a Washington non-profit corporation. together with after-acquIred tItle, subJect to the various easements set forth on this plat. TRACT A EASfMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER IMPROVEMENT~) LYING WITHIN TRACT A A non-exclu:;ive easement for the installation. operation. maintenance. repair and f'econstruction of a stormwater detention and wat~r qual~ty pond. other drainilge facilities, fencing and landscapIng (collectIvely. DraInage Improvement:;") is hereby declared over. unde~ .. along and across Tra~t~. This easement shall run with the land. benefltIng all of the Lots wlt~ln, this plat and burdening Tract A. The Drainage Improvements located wIthIn Tract A sha 11 be owned. operated. and maintained by the Elmhurst Homeow~ers ASSOCiation until such time (if ever) the City of Renton assumes operatIon and maintenilnce responsibility for them. Prior to an assumption by the City of Renton of operati~n ~nd/or maintenance responsibilIties of the Drainage Improvements located wlthln Tract A, (a) the City of Renton shall have the right to enter Tract A to repaIr any deficiencieh in such improvements in the event the Elmhurst Homeowners ASSOCiation fails to maintain or repair them and (b) the cost of such repairs madh by the City of Renton shall be reimbursed ~o ~he City by the Elmhurst HOflleowners Association within 90 days of the Clty s demand. After (and 10 the extent of) an assumption by the Ci ty of Renton of , operation alld/or maintenance responsibilities of some or all of the DraI~age Improvement~ located within Tract A. the City of Rent~n shall have the rlght to enter Tract A to operate. maintain and repair the Improvements at the City's cost. TRACT B EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER FEATURES LYING WITHIN TRACT B A non-exclusive easement for the installation. operation. maintenance. repair and reconstruction of the portion of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek (an ephemeral stream) from the Drainage Improvements in Tract A is hereby declared over~ under. along and across Tract B. This easement shall run wIth the land. benefItIng all of the Lots within this plat and burdening Tract B. The Elmhurst Homeowners Association shall have the duty to maintain and repair Tract B. including without limitation the duty to maintain and repair w~en, needed (1) the stream channel of the portion of Maplewood Creek lYIng wIthln Tract B. (2) the storm drainage discharge facilities in Tract B that exte~d downstream toward Maplewood Creek from some of the Drainage Improvements In Tract A. (3) the fence along the east and north edges of Tract B (including the City-requirr!d stream buffer notice signage on that fence) and (4) the trees planted in conjunction with this plat within the stream buffer along the east and north sides of Maplewood Creek within Tract B. Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A, (a) the City of Renton shall have the right to enter Tract B to repair any deficiencies in such facilities in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City's demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responsibilities of some or all of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some Of the Drainage Improvements in Trac~ A. ,the City o~ Renton s~a~l, have the right to enter Tract B to operate. maIntaIn and repaIr the faCIlItIes at the City's cost. CONSEQUENCES OF (1) HOMEOWNERS ASSOCIATION DISSOLUTION OR (2) FAILURE TO PAY PROPERTY TAXES FOR TRACTS A AND B In the event that the Elmhurst Homeowners ASSOCiation is dissolved or otherwise fails to meet its property tax payment obligations with respect to Tract A and/or Tract B for a period of eighteen (18) months following the date that property taxes are due to be paid to King County for those tract (s). then. in such event. (1) each of the Lots in this plat shall be ~eemed to have automatically assumed an equal and undivided ownership interest In Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automatically assumed a joint obligation to perform all of the maintenance responsibilities previously borne by the Elmhurst Homeowners Association including all of the financial responsibilities attendant thereto. FRONT YARD LANDSCAPING All Lots shall be required to have (A) a minimum of one new. City of Renton-approved tree, with a minimum caliper at time of planting of 1-1/2 in~heS (if a deciduous tree) or a minimum height at time of plantlng of 6 feet (If a conifer) and (B) shrubs (or equivalent) planted within the front yard prior to final building permit inspection for the home on the Lot in questi~n. Each application for a single family building permit ~or any L~t shall Include a plan noting the location and type of plant materlals wIthIn t~e front ya\d. All front yard landscaping shall be planted prIor to fInal bUIldIng permIt inspection for the home on the Lot in question. NAfIVE GROWTH PROTECTION EASEMENT Tri1ct B is hereby declared to be a Native Growth. Protect~o~ Easemen~ ("NGPE"). sul1ject to the easements depicted upon or otherWIse speCIfIed on thIS plat. Tht' purpose of the NGPE shall be for preserving native vegeta~ion (and the trl~es planted in the stream buf~er along t~e ea~t and,north SIdes of Maplewood Creek within Tract B In con)UnctlOn WIth thls.p~at) for the control of surface water and erosion. maintenance.of slop~ stabIlIty. VIsual and aural buffering, and protection of plant and an~m~l habItat. SubJect to the ea'iements depicted upon or otherwise speCIfIed on thIS plat, the NGPE pr11hibits all present and future owner (s) of Tract B from disturbing any trees and other vegetation within the NGPE unless done.pursuant to express wrItten pel'mission of the City of Renton. ThIS prohlbltlon shall be enforceable by the Ci I Y of Renton. Except as prov ided for above. the owner (~) 0 f , Tr~ct, B may not cui, prune. cover with fill. remove or damage the vegetat~on wlth~n ~n It: prllvided, however, that the owner (s) may install landscaplng wlthln ~t. The riqht of entry granted herein shall apply to the agents, representatlves and employees of the owner (s) or subsequent owner (s) of the underlying property. PRlVATE ACCESS AND UTILITY EASEMENT A lion-exclusive easement for ingress and egress. a~d, for construction,. maintenance. repair and use of a driveway and underground utIlItIes and storm draIns and appurtenances thereto is hereby declared ov~r, under. ~lo~g and across the " pol'tion of Lot 13 depicted on Sheet 2 of thls plat as 20 PrlVate AUE to L~~t 14 . (TIle Legend on that sheet states "AUE = Private Access and UtIlIty Easement .) Tht~ driveway within this easement shall be for t~e JOInt use of ~ots 13 and 14 ani I any utilities and/or storm drains installed In the easement Intended for the common use of Lots 13 and 14 shall be for the joint use of those two lots. (UI.ilities or storm drains intended for the use of,Lot,13 only or Lo~ 14 only may also be installed within this easement.) ParkIng IS prohIbIted In thIS, ea:.ement. This easement shall run with the land burdening Lot 13 and benefJting Lot. 14. Thl! owners of Lots 13 and 14 shall have the perpetual right and duty to maintain and repair the driveway and any jointly used utilities and storm drains and appurtenances thereto located in this easement. The costs of such maIntenance and repair are to be shared equally between the owners of Lots 13 and 14. 10 th~ extent that utility service or storm drain lines and appurtenance thereto wiLhin the easement serve only one of those two l~ts, ,the owner (s) of suc~ 5erved 101 shall have the perpetual right and duty to maIntaIn and repaIr such Iln~s and appurtenances. PRLVATE UTILITY EASEMENT A lion-exclusive easement for construction. maintenance. repair and use of underground utilities and appurtenances thereto is, hereby declared over, ,uncler. alung and across the portion of Lots 12 and 13 depIcted on Sheet 2 of thls plat as "5' UE". (The Legend on that sh~et states "UE = Utility Easement".) Anv utilities installed in the easement Intended for the common use of more thrln one of Lots 12. 13 and 14 shall be for the joint use of those lots. (Ul ilities intended for the use of Lot 12 only or Lot 13 only or Lot 14 only may also be installed within the easement.) ThIS easement shall run wIth the lalld burdening Lots 12 and 13 and benefiting Lots 13 and 14. Thl' owners of Lots 12. 13 and 14 shall have the perpetual right an~ duty to maintain and repair utilities and appurtenances thereto t~at they JOIntly u~e whIch are located in this easement. The costs of such maIntenance and repaIr are to be shared equally between the owners of the joint-using lots. To the extent that utility service lines within the easement serve only one of those three lots, the owner (s) of such served lot shall have the perpetual right and duty to maintain and repair such lines. PRIVATE DRAINAGE EASEMENTS A private. non-exclusive drainage easement 2.50 feet in width is hereby declared, to run parallel to and abutting all interior lot,lines of the Lots create~ t'Y,thls pldt. In addition, a private, non-exclusive draInage easement 5.00 feet In WIdth is hereby declared to run parallel with a~d abutting all r~ar lot,lines of the Lots created by this plat. Further. a prlvate. non-excl~slve dralnage easement 10,00 feet in width is hereby declared to run parallel Wlt~ and,ab~ttln~ all public street right-of-way frontages of all of the Lots lYIng wlthln thls plat. All of these easements include the right to enter upon the easement areas at all times for the stated purposes of these easements. which include (a) the installation, use, maintenance and repair of private stC?rm drain (s) and , appurtenances thereto and (b) the installation, use, maIntenance and repaIr of drainage swales. In the event that any of the lot lines of the Lots created ~y this plat are later adjusted after the recordlng of,thls p~at. the correspo~dlng abutting private drainage easement (s) created by thIS sectIon shall automatIcally be deemed to move with the adjusted lot line (s) . These private drainage easements shall be for the benefit of, (a) all of the Lots set forth on this plat and (b) the Elmhurst Homeowners AssocIatIon. Unless otherwise specifically set forth on this plat, the owner (s) of each Lot served in common by private storm drain (s) and appurtenan~es thereto IYl~g wlthln a private drainage easement shall be equally responslble for the maIntenance, repair, and/or reconstruction of the storm drain (s) and appurtenances thereto lying within these easements: provided. however. that no own~r (s) shall be . responsible for such maintenance. repair, and/or reconstructIon of.that portlon of storm drain (s) used in common to the extent that such storm draln (s) are located upstream from the point of drainage connection of that respective owner's Lot. Unless otherwise provided for on this plat, the owner (s) of any Lot that has segment (s) of drainage swale (s) within these easements crossing the Lot shall be responsible for the maintenance of such drainage swale segments on the Lot. PUBLIC SIDEWALK EASEMENT A non-exclusive easement for construction, maintenance. repair and use of public sidewalks is hereby reserved for and conveyed to the City ~f Renton and the City's successors and assigns over. along and across the portIons ~f all Lots within this plat lying within ten (10) feet of both (a) the eXIstIng Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rights-of-way dedicated by this plat. (The areas subject to this easement are depicted on Sheet 2 as "UDSE".) ~ Centre 33701 9th Avenue South • Federal Way, WA. 98003 INDEX DATA: NW-NW 15, T23N, R5~.t-WM P · t (253) 661-1901 ~ ~ Olne t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: July 18, 2005 JOB NAIIE: FINAL PLAT SCALE: 1 " = 500' JOB NO,: 2257 SURVEY FOR MJF Holdings. Inc. 213 East Meeker Kent. WA 98032 ·-·~~PMENT CITY OF AE~ ~N/NG JUL 26 2l ~ --' lI!!..- KING COUNTY, WASHING~lU1f'VE SHEET 4 OF 5 I VOLUME/PAGE ££UHl/RSr A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, Township 23 N., Range 5 E. , W. M. FRANCHISE UTILITY EASEMENT PROVISIONS A non-exc Ius i ve easement is hereby reserved for and conveyed to (1) PUGET SOUND ENERGY COMPANY. INC .. a Washington corporation (a purveyor of electric power and natural gas). QWEST COMMUNICATIONS CORPORATION. a Washington corporation (a purvl~yor of telephone and Internet communication services). and COMCAST OF WASHINGTON IV. a Washington corporation (a purveyor of cable television and Internet communicatiol1 services). and their respective successors and assigns and (2) any and all other utility purveyors providing utility services in the area of the subject property from time-to-time. with such easement extending along. across. under and upon: (a) The portions of all Lots within the plat lying within ten (10) feet of the eXJsting Bremerton Avenue NE street right-of-way depicted on this plat and within ten (10) feet of the all public street rights-of-way dedicated by this plat (easement areas depicted as "UDSE" on Sheet 2); (b) The portion of Lot 13 depicted on Sheet 2 as "20' Private AUE to Lot 14"; and (c) The portions of Lots 12 and 13 depicted on Sheet 2 as "5' UE". This easement authorizes the construction. operation. maintenance. repair. replacement. and enlargement of underground pipes. conduits. cables and wires with all necessary or convenient underground or ground-mounted appurtenances thereto (except ground-mounted appurtenances shall be prohibited in driveway and Sidewalk areas) for the purpose of serving the subdivision and other property with electric. gas. telephone. television cable. other communication cable (s) and other lJti 1 it y serv ices. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. No lines or wires for the transmission of electric current. or for telephone use. cable television. fire or police signals. or for other purposes. shall be placed upon any Lot unless the same shall be underground. ground-mounted. or in conduit attached to ~ building. Luminaires and appurtenances thereto for street lighting are also authorJzed by this easement in areas where they will not conflict with driveways and sidewalks. CITY OF RENTON SEWER AND WATER EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across. under and upon the portions of all Lots within the plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat a11d (b) all public street rights-of-way dedicated by this plat (except the public. street right-of-way fronting Tract A) (The areas subject to this easement are depicted on Sheet 2 as "UDSE".) This easement authorizes the construction, operation. maintenance. repair. replacement. and enlargement of underground sewer and water mains. services and all neCessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and Tracts with sewer and water service. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. CITY OF RENTON STORM DRAINAGE EASEMENT A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across. under and upon the northwest portion of Lot 56 that is depicted on Sheet 2 as a "Storm Drainage Easement". This easement authorizes the construction. operation. maintenance. repair. replacement. and enlargement of an underground storm drain and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of conveying storm water. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. ADDITIONAL RESTRICTIONS The property that is the subject of this plat (or portions thereof) is (or may be) subject to the following matters: 1. RESERVATIONS AND EXCEPTIONS. INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20. 1900 RECORDING NO.: 192430 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S. E. (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RECORDED APRI L 3. 1962 UNDER RECORDING NO. 5407391. 3. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 4612 RECORDED: JUNE 21. 1996 RECORDING NO.: 9606210966 REGARDING: SANITARY SEWER SERVICE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES 4. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE L. L. C., A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 8. 2004 RECORDING NUMBER: 20040908000083 5. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NO. 5092 REGARDING ANNEXATION RECORDED: SEPTEMBER 28. 2004 RECORDING NO.: 20040928001359 COVENANT REGARDING CONVEYANCE OF EASEMENTS The owner of the land embraced within this plat, in consideration of the benefit to accrue from the subdivision, by signing hereon covenants and agrees to convey the beneficial and servient interests in the easements created by this plat to any and all future purchasers of the Lots. or of any subdivision thereof. This covenant shall run with the land that is encompassed by this plat. ~ Centre 33701 9th Avenue South (I Federal Way, WA. 98003 P · t (253) 661-1901 ~ ~ Olne t Surveying DRAWN BY: S Wo 0 d s CHECKED BY: S Woo d s DATE: Ju 1 Y 18, 2005 JOB NAME: FINAL PLAT SCALE: 1" = 500' JOB NO.: 2257 Washington INDEX DATA: NW-NW 15, T23N, R5~1:"~WM SURVEY FOR: MJF Ho 1 dings. Inc. 213 East Meeker Kent. WA 98032 crry'l'!=NT p OF FiEN ~NING JUL 26 2l I:-0,.._ ~ KING COUNTY, WASHING·tO~/VEJ SHEET 5 OF 5 I " " wo.· •.• "" ~ORD;::::D RETURN l' " "', r' I\~ r'u:" Lt ro..- . '1ic" ot the City Clerk .d :t;.,r1 ~ity Hall : ,; <;outh Grady Way -, WA 9a055 VOl'JME/PAGE £LHJ/[/RST A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N. , Range 5 E., W. M. Washington DEDICATION: Know all people by these presents that M. J. F. Holdings, Inc., a Washington corpora1 ion ("Dedicator"), the owner of a fee simple interest in the land hereby subdivi(1ed. hereby declares this plat to be the graphic representation of the subdivi~iion made hereby and does hereby dedicate to the use of the publiC forever all str~ets and avenues not shown as private hereon and dedicate the use thereof for all public purposes not inconsistent with the use thereof for public highway pur p 0 s e~;, and a 1 sot her i g h t to ma k e all n e c e s s a r y s lop e s for cut san d fill s upon thE' lots shown thereon in the original reasonable grading of said streets and averlues. Dedicator further dedicates the easements and tracts depicted and described on this plat to the persons and entities identified and for the purpose~; stated. Further, the Dedicator hereby waives for itself and its heirs. successors and assigns and any persons or entities deriving title from the Dedicator. any and all clajms for damages against the City of Renton and its successors and assigns that may be occasioned by the establishment, construction or maintenance of roads and/or clrainage systems within this subdivision other than claims resulting from inadequ~te maintenance by the City of Renton. Further, the Dedicator hereby agrees for itself and its heirs. successors and assigns to indemnify and hold the City of Renton and its successors and assigns harmless from any damage, including any costs of defense, claimed by persons within or without this subdivision to have been caused by 'alterations of the grollnd surface. vegetation. drainage. or surface or sub-surface water flows within the subdivision or by establishment. construction or maintenance of the roads wHhin this subdivision: provided. however. that this waiver and indemnitication shall not be construed as releasing the City of Renton, its succeSS(JrS or assigns. from liability for damages, including the cost of defense, resultirlg in whole or in part from the negligence of the City of Renton, its successors or assigns. This sutldivision, dedication. waiver of claims and agreement to hold harmless is made with the free consent and in accordance with the desire of said owner. DEDICATOR: M.J.F. Holdings. Inc., a Washington corporation By: j'1:;Jtttf2;1.~it~ EXCHANGE COUNSEL, INC., a Washington corporation, the holder of a deed of trust beneficJary's interest in the land hereby subdivided (King County Recording No. 20050701001746), hereby consents to the above-stated Dedication and this plat. EXCHANGE COUNSEL. INC .. BY:~~~' AC KNO WLEDG EMENTS: APPROVALS: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments fllr which the property subject to this subdivision may be liable to the city, and that all special assessments on any property herein contained de d i cat e d ass t r e e t s , a 11 e y s ,or for any 0 the r pub 1 i c u S~h a v e bee n d u l,.t paid, satisfie or discharged, this \.e:, day of r::>ec ...... -T' . ;~OO~ CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS Examined and appro,{ed this (q rlt day of {2f3.GeA1B.EJ(" 200..5 ~Aefi.:3~~ Adminis to CITY OF RENTON MAYOR Examined and approved this 2oT1l day of Dec.eI'V\.b~r CITY OF RENTON Examined and approved this ~~day of 1Ik~. 200Jr City Clerk KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved th is 11s+ day of D'Le-k-l~e { .2001· 2004 K~~~toNf)lj;sessor te&. I~~ty Assess'Jr Account Numbers 51 ~ 2 10 -ODS q +-0070 +005 ( KING COUNTY FINANCE DIVISION CERTIFICATE I hereby certi fy that all property t~xes arr paid: that there are nil delinquent special assessments certified to this office for collection: and that all special assessments certified to this office for collection on any of the property herein contained, dedicated as .:;treets, alleys, ~for ~y othe§" public use, are paid in full. this oLhlr-day of i\~~~ --, Ph~' S~V1JJv( ~~ . C A.l?1i; Manager Finance DiviSion ~ ='~ RECORDER'S CERTIFICATE ~"~:~<"'~:':~'<-o" .".,... ... :"j ''"', STATE OF WASHINGTON.) ) ss. F i 1 ee CONFORMED COPY ". o f Re n ton t ~;i S. p pas t" . " . "-, 'c, COUNTY OF KING ) I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acR~owledged it as President of M.J.F. HOLDINGS. INC .. a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: ~~ •• ~' ~s:. Signature ~ Name (Print) ~~ __________ ~Notary Public ______________ _ Ti tle My ApPOintment Expires I STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) Notary Public State ofWasbington ALFRED E LARSON MY COMMISSION EXPIRES OCTOBER 29, 2008 I certify that I know or have satisfactory evidence that MARK E. HODGES is the person who appeared before me and acknowledged that he Signed the instrument. on oath.stated that he was authorized to execute the instrument and acknowledged it as PreSIdent of EXCHANGE COUNSEL, INC., a Washington corporation. to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: Oulft\ttr 15 I ~oo5 Signatu~ Name (Print) My ApPOintment Expires I NOTARY PUBLIC STATE OF WASHINGTON r:';CHELE J. ROBERTS My Appointment Expires Nov, 15, 2006 and r recor Divi~ Manag ..... 20051221000411 CITY OF RENTON PLAT 98.00 PAGE001 OF 005 12/2112005 10:155 KING COUNTY, lolA 5uperintendent of Records LAND SURVEYOR'S CERTIFICATE: I hereby certify that this plat of Elmhurst is based on an actual survey done by me or under my direct supervision: that the bearings and distances are shown correctly: that the perimeter monuments have been set and that all other monuments and lot corners have been set or bonded with the city and will be set prior to the release of the bond' that I have fully complied with all State and City regulations ' governing platting and that the plat conforms to the approved preliminary plat and the ~~n~i)io~ of approval thereof. ~)ftd.A tt-lf.-IJ$ SteDhHWoOdS, P.L.S. 38965 Date THE OWNER/DEVELOPER, SHALL DEFEND. INDEMNIFY AND HOLO THE CITY OF RENTON, ITS OFFICERS. OFFICIALS. EMPLOYEES AND VOLUNTEERS HARMLESS FROM ANY AND ALL CLAIM. INJURIES, DAMAGES, LOSSES OR SUITS INCLUDING ATTORNEY FEES. ARISING OUT OF OR IN CONNECTION WITH THE COMPLETION OF ALL REQUIRED PUBLIC FACILITY IMPROVEMENTS FOR THIS PLAT. THE CITY'S FINANCIAL OBLIGATION TO CONSTRUCT ANY DEFAULT PRIVATE UTILITY FACILITIES AND PUBLIC INFRASTRUCTURE FOR STREETS. WATER UTILITY, SANITARY SEWER UTILITY. OR STORM WATER UTILITY SYSTEM IS LIMITED TO THE FACE VALUE OF THE BOND THE OWNER/DEVELOPER HAS POSTED IN LIEU OF THE REQUIRED PUBLIC IMPROVEMENT. THE CITY RESERVES ITS UNILATERAL RIGHT TO ESTABLISH THE SCHEDULE FOR CONSTRUCTION OF DEFAUlTED PLAT INFRASTRUCTURES. THIS STATEMENT IS LEGALLY BINDING UPON THE HEIRS, AND/OR ASSIGNS OF THE OWNER/DEVELOPER, SUBSEQUENT PROPERTY OWNERS AND THEIR HEIRS AND/OR ASSIGNS. ~ Centre 33701 9th Avenue South ~ Federal Way, WA. 98003 INDEX DATA: NW-NW 15, T23N, R5E, WM LUA-05-090-FP LND-l0-0427 _~_ Pointe (253) 661-[901 t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1. 2005 JOB NAME: FINAL PLAT SCALE: NA JOB NO.: 2257 SURVEY FOR MJF Holdings, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 1 OF 5 ::i;, LINE Cl C2 C3 C4 C5 C6 C7 C8 C9 CI0 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 l'URNTO NHEN RECORDED RE 'Jffice of the City CIeri< '-1eflton City Hall '1')55 South Grady Way ::.~nton, WA 980615 ££UHl/RSr VOLUl.(EjPAGE A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W, M, Washington / / I / I I I \ \ I \ 1 I I I I I . \ r--C\J o o z 27.29' / 25' c... Ql ... ... :::J (D E III QJ c... ..... UJ to C\J ....J 01 ('\J ....J r-- C\J ....J (1') C\J ....J 46.27' C\J o C\J .... .... 14 : /43001 If) (1') .... , S89'46'25"E 16 /2651 S89'46'25"E 17 1259\ 50.00' 13 143061 C\J S89'46'25"E C\J ....J 18 /2531 S89'46'25"E 19 12331 S89'46'25"E 98.98' 20 m?J S89'46'25"E 21 [@] r--(1') C\J o l: OJ If) (1') .... 50.01 ' 12 14312/ (J) (1') to 01 50.00' If) o If) 01 ~ 11 ~ (1') /4318/ ~ .... ~ o o Z , o o z 35.01' C\J o If) OJ o o z 35.01' . C\J o If) 01 l: , S89'08'05"E 647,n6' 35.01 . 8 622.66' 40.00' C\J o (\1 o If) If! 01 Q'l ~ 7 :J: 01 ' ~ 144021 ~ (1") ~ ~I "'1""1 • ....' ~ 0 ~) o 0 c: 42.01 ./ 6 \ 42.01' OJ \ ~ i \ If) m ::r:: , / 5 :R / (1') 1 144141 .... 1 40.01' C\J o U'1 OJ l: 4 ~ If) /4420/ frJ ..... , 40.01' ('\J o If) OJ l: 3 ~ 144261 ~ , 40.01 . C\J o 50. 01 ' I frJ 2~OO' I~ OJ If) ItO ~ 1 I~ ~ 144361 I ~ ~ ~% I ~ 25' ..... ~, J ' ... ,... 0 o ~v>.. 0 o ~\ z z _ \Y~\/ __ ~~3~6~.~5~3_'~~3~5~.~0~1~' ~3~5~.~0~1_'~~3=5~.~0~1~' ~~4~0~.~00~'.~ ____ ~~~~~~~~~~~~~-'~~~-4~2~4~.5=~~'~ Storm . Drainage:::: N E 2ND CT. 10'UDSE -cf~ ~OJ' ~ __ Z ___ :t t ,~ S89'08'05"E 461.01' ~~ asemen " C\J If). ----------~frJ~----~ :-'00 37.51 ' O'UDSE 0"" ~+-----~~~--~~------------~~~ 1 68.03' 71.99' ~-------T------~ .57' O'UDSE .... C\J 224.97' 40.00' ----;:; o 50.00' .... 198.54' .... C\J o DETAIL " A" l' x 6' CE (CLEARANCE 5 ~ EASEMENT) ~ 6¥ 4 ___ (1')_ .-t -----_. -. o - S89'08'05"E o If) OJ If) OJ If) OJ LLJ o If) 01 LLJ 21' , 21' OJ<'( 41 42 ~\ . If) I 1 264 1 1 267 / ,~$ I "I' ~ ~ 10 25' 1/16th Line. w , If) 57 ~ (1') /4323/ (1') 55 1254/ .... , 125.62' 54 1232/ S89'08'05"E 121,68' o o Z LLJ 0 o If) o 0 "" (J) o 0 z 0 o "I' , 61 []ill S89'08'05"L::: 62 /235\ S89'08'05"E I:... I~ /~ 105.12 '\ . I~ /~ r--o o o C\J 3: , I S89'08'05"E 93.52' S89'08'05"E 96.52' ~I 40 43 []§I] 01 12581 I. I;:; 0 I~ ~ OJ If) (1') If) I S89'08'05"E 93.52' ~ 589 '08' 05" E 96.52,1 to :'"', o o Z :"'1 ~I If) I 39 12521 .... 0 o ~ o If) I· ~ I~ ~ I~ 0 I S89'08'05"E 93.52' S89'08'05"E 96.52·110' ~ ~ . (1'). If) If) 0 ..... ·0 • (J) • "7 ('1")0 "7'0 " OJ OJ ~I 38 ~ I 12361 (1')1 See Detail 8 ~ This Sheet ~ 45 1 , 6' S89'08'05"E 93.53' / 237/CE x ~ .!'-' S89'08'05"E ~~ 230 lLi ~ 46 589 '08 ' 05" E 95. 79' (1') ~ []TI] -J u& "'7~ ... / 36 . w ~O:J/ me, ~ ;: / / 226 / ~ ; S89'08'05"E ~JI OJ 589 '08'05"E 100.15' ..... ru C\J 17.5' ~I ~~1 ~ co/ 35 ~ z2 S89'08'05"E 101.21' . :::::.. . '" ., 48 I ~ ~ ~ try try) / 222 1 ~ [[ill 1 ~ gjeo ~ ~ I ~. r~ I S89'08'05"E 104.73' 589'08'0 "E ~ " ~ ~~~~ ___ ~~~~~~~~~1~0~4~.7~3~·1-. to / l:. i /40.00' 40.00' 40.00' 40.00' 4946'1 "" 0(1') OJ . . C\J, E--.. ~ ='r / (1') ~ I 3: & hi ~; ~ II . ~ ~ I ~ J;;! 34 ~ 33 ~ 32 ~ 30 II r--~ ~Il:l I 21' / /44101 If) /44161 If) 144221 "" ~ 17.5 I ~ ~ ::, ~I "'\ °z ZO ~ ) " 0' UDSE \ ~,--------~p 29.20' 40.00' 40.00' 40.00' 25.68' 'V 2ND ..... C\J 14.69' DETAIL "B" I 45 I 10' l' x 6' CE 1 (CLEARANCE---\.I EASEMENT) ..Jl I' .1- TRACT A "-...,., \ LN'274.64' S89 '14 . 38'~ =3-=-08=-.-=3:-2-'----..... Storm Water Detention / water Quality Pond C\J ARC DELTA RADIUS LINE BEARING DISTANCE 1595' 4 '03' 45" 225.00' 1.65 ' 3'47'02" 25.00' 27.06' 62 '01' 24" 25.00' L1 N03 '14' 01"E 8.89' 0.52' 0'09'06" 196.00' L2 N79'27'24"W 60.33' 5058' 14'47'06" 196.00' L3 N79 '09' 12"W 32.66' 18166 ' 53 '06' 16" 196.00' L4 N82'09'26"W 25.82' 24.63' 8'15'10" 171.00' L5 N56'09'40"W 30.42' 39.33' 13'10'36" 171. 00' L6 N39'52'10"W 25.26' 33.63' 28 '45' 37" 67.00' L7 N48 '58'19"W 21. 28' 2008' 17'10'03" 67.00' L8 N29'17'44"W 24.85' 38.74' 33'07'48" 67.00' L9 N15'28'25"W 31. 95' 13.54' 11 '34' 52" 67.00' L10 N18'44'43"W 41.02' 13.57' 31'05'55" 25.00' L11 NI4'15'58"W 15.53' 26.18 ' 60'00'00" 25.00' L12 S14'15'58"E 14.56' 12.61 ' 28'54'05" 25.00' L13 N07'06'36"W 37.03' 26.18 ' 60 '00' 00" 25.00' L14 S05'22'27"E 3.48' 39.75' 91'05'55" 25.00' L15 N05'22'27"W 51. 23' 36.39' 9 '26' 07" 221.00' L16 SI5'40'24"E 8.99' 9.78' 2'32'05" 221.00' L17 NI5'40'24"W 41. 59' 44.36' 101 '39' 32" 25.00' L18 S15'40'24"E 6.49' 39.70' 90 '59' 21" 25.00' L19 NOO'22'58"W 27.43' 37.73' 86 '27' 41" 25.00' L20 S03 '56' 41"W 6.34' 39.51 ' 12'38'53" 179.00' L21 N03'56'41"E 17.53' 38.79' 88'54'05" 25.00' L22 N01'48'37"W 22.52' 39.55' 90'38'20" 25.00' L23 NOI '48' 37" W 23.66' 28.73' 12'45'38" 129.00' L24 SO 1 '52' 41 "W 16.36' 19.52' 8'40'08" 129.00' L25 NO 1 '52' 41 "E 21. 34' 21. 97' 8 '10' 32" 154.00' L26 500 '13' 35"W 18.67' 45,54' 16'56'42" 154.00' L27 NOO'18'00"E 52.07' 35.08' 13'03'00" 154.00' L28 NOO'04'09"E 24.39' 58.46' 21'45'00" 154.00' L29 N02'02'50"E 87.63' 19.22' 36'42'19" 30.00' 2.62' 0'40'42" 221.00 ' LEGEND: 49.48' :4---0 o If) OJ LLJ 50.00' o o If) OJ 50.00' o = Monument found as noted. Visited Sept. 15, 2004. • Set *4 rebar with yellow plastiC cap stamped " 22338/38965". )8( = Set "X" in brass disk in 4-x 4" concrete post in monument case. (R) = Radial bearing ~ = Address number UDSE UtIlity, Drainage and Sidewalk Easements. AUE UE SE CE PrIvate Access and Utility Easement to Lot 14. UtIlity Easement. SanItary Sewer Easement. l' by 6' Clearance Easement. o o . If) OJ W , ~ Centre 33701 9th Avenue South • . Federal Way, W A. 98003 P · t (253) 661-1901 --eo ~ om e ~ Surveying DRAlfN BY: S Woods CHECKED BY: S Woods DATE: December 12, 2005 JOB NAlIE: FINAL PLAT SCALE: 1" = 50' JOB NO.: 2257 If) OJ w 50.00' o o If) OJ 22.66' "i:) " ,y, I I \ilv I o 50 100 I~~~!--·I SCALE: 1" 50' LUA-05--090-FP LND-l0-0427 INDEX DATA; \ NW-NW 15, T23N, R5E, WM SURVEY FOR: MJF Holdings, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 2 OF 5 WHEN RECORDED RETURN TO: Office of the City Clerk Renton City Hall ~ (lfi5 South Grady Way p,"'\ton, WA 98055 A portion of the City of Renton, Basis of Bearing: NW 1/4 of the True North, Based upon Global Positioning System (GPS) Lambert Grid Washington State North Zone coordinates, A convergerlce angle of 00 '5B'30,28" counterclockwise was applied at a punch mark in 3" King County surface brass disc, at the street intersection of NE 4th St. and 148th Ave. SE, mark ing the Northeast corner' of Section 15, Township 23 North. Range 5 East of the Willamette Meridian, The North American Datum of 1983/1991 (NAD 83/91) grid coordinates were found to be 180903.998 / 1316622.321 at that pOint. The inverse of both the sea level correction factor Of 0.999981824 and the grid scale factor of 1,000002187 was applied to the grid coordinates for shown ground dIstances. Renton Control Monuments: Base #1: CITY OF Rt:NTON CONTROL POINT #1503 Found copper nail in concrete post. incased. at the intersection of Union Avenue Northeast & Northeast 4th Street, Elevation 401.02 feet Northing 181067.883 Easting: 1311396.675 Base #2: CITY OF RINTON CONTROL POINT #478 Found copper nai 1 in concrete post, incased. at the intersection of Union Avenue Northeast & Southeast 2nd Place. Elevation 391.02 feet Northing: 178418.364 Easting: 1311352.404 Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE: TOGETHER W1TH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 515B. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099: (ALSO KNOWN AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.: EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY): SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W. M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER: TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. LJJ 6TH ST z LJJ > Z 0« > :I: 0« 0« 5TH ST 1-1 ....J :::l ....J Cl 0:( 0 > J: NE 4TH S :::l 0 LJJ Z W LJJ > If) If) 0:( W LU > Z 0:( ::r: I- "<1 "<1 VOLIIME/PAGE ££UHl/RSr NW 1/4 Section 15, County, of King Northwest corner of Section 15. Township 23N. Range 5E. W. M. Found copper nail in concrete post. incased. Township 23 N. , Range 5 E., W. M. Washington City of Renton #1503. 91V 16~646.44-·---1 646.44' T S89'01'30"E 2585.77' 10 (T) CJI CJI '" 10 (\J 3: , '" 0 ..... ? 0 0 z (\J [,0 [,0 (D '" (\J 10 10 "'-CJI '" (\J (T) ..... :21~ ~I I"IJ [,0 10 ~~ 1 10 10 1 647.66' ~ S89 '08' 05T r-__ ~64~7~.~6~6_' ____ ~ 1295.33' I 648,89' . .., 1'1 I' ':> ,.... .::> ,:;, (\J Z 10 10 648.89' o (\J o '" 10 (\J S89'14'38"E 2595.55' West 1/4 C(lrner of Section 15. Township 23N. Range 5E. W. M. Found copprr nail in concrete post. incased. 3: I; , o . I ~ o .... ~I 1292.89' 1297.77' ~North 1/4 corner Of Sect ion 15. Townstl ip 23N. Range 5E. W. M Found 2" brass di~c with "X". If) (\J tn .... (T) .... o tn o (T) 10 (\J 3: o o ,.... C\J , o o z I K o 400 800 -I -.-..1.1 ~~2J~ 16 _ /Cit y of Ren::O n 2.::7B. ~ SB9'27'41"E 2605.36' 1302.68' SCALE: 1" 400' CON'fROL SKETCH Surveyor's Notes: 1) The monument control shown for this Site was accomplished by fie ld traverse ut i 1 iz ing a one (1) second theodo 1 i te with integral electronic distance measuring meter (Geodimeter 600) and Real Time Kinematic (RTK) / Static Global Positioning System (GPS). Linear and angular closure of the traverses meet the standards of WAC 332-130-090. 2) Full reliance for legal descriptions and recorded easements have been placed on the title report from Stewart Title Guaranty Company Commi tment Order No. 205115486. dated November 22. 2005. No additional research has been attempted. 3) Offset dimensions shown hereon are measured perpendicular to property lines. 4) The Articles of Incorporation for the Elmhurst Homeowners ASSOCiation are on file with the State of Washington Secretary of State's Corporations Division Office in Olympia. Washington. 5) There shall be NO direct vehicular access to or from Bremerton Avenue Northeast in regard to Lots 1. 29 and 30. LUA-05-090-FP LND-l0-0427 .... 12-/-f~ t Centre 33701 9th Avenue South INDEX DATA: NW-NW 15, T23N, R5E, WM VICINITY MAP 1" =1/4 Mile • Federal Way, WA. 98003 P · t (253) 661-1901 ~ .-om e t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1. 2005 JOB NAME: FINAL PLAT SCALE: 1" = 500' JOB NO.: 2257 SURVEY FOR: MJF Holdings. Inc. 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 3 OF 5 V'HEN RECORDED RETURN TO (tffice of the City Clerk r9nton City Hall i ')55 South Grady Way F'~-'itn[1 \MA O~()55 VOLUME/PAGE ££HHURST A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, Township 23 N., King County, Range 5 E., W. M. Washington PROTECTIVE COVENANTS. CONDITIONS. EASEMENTS AND RESTRICTIONS See that certain "Declaration of Protective Covenants, Conditions, Easements and Restl'ictions of Elmhurst" recorded under King County Recording No. 2005l"2..2...\ 000 'i (2.. (the "Elmhurst CCRs") . CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION M. J. F. HlJldings. Inc., a washington corporation, hereby conveys and qUItclalms Tract A to the Elmhurst Homeowners AssOCiation, a Washington non-profIt corporation, together with after-acquired title, subject to the varllJUS easements set forth on this plat. CONVEYANCE OF TRACT 8 TO THE HOMEOWNERS ASSOCIATION M.J.F. Holdings, Inc., a washington corporation, hereby conveys and qUltclalms Tract 8 to the Elmhurst Homeowners ASSOCiation, a Washington non-proflt corporation, together with after-acquired title, subject to the various easements set forth on this plat. TRACT A EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER IMPROVEMENTS LYING WITHIN TRACT A A non-exclusive easement for the installation, operation, maintenance, repaIr and reconstruction of a stormwater detention and water quality pond, other dralnage facllltles, fenCIng and landscaping (collectively, "Drainage Improvements CO) is hereby declared over, under, along and across Tract A. ThIS easement shall run with the land, benefiting all of the Lots within thIS plat and burdening Tract A. The Drainage Improvements located within Tract. A shall be owned, operated, and maintained by the Elmhurst Homeowners ASSOCIation until such time (if ever) the City of Renton assumes operation and maIntenance responsibility for them. Prior to an assumption by the City of Renton of operation and/or maintenance responSIbilities of the Drainage Improvements located within Tract A, (a) the.C~ty of Renton shall have the rIght to enter Tract A to repair any defICIencIes In such Improvements In the event the Elmhurst Homeowners ASSOCIatIon fails to maintain or repair them and (b) the cost of such repaIrs hlade by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City'S demand. After (arid to the extent of) an assumption by the Ci ty of Renton of operatIon and/or maintenance responsibilities of some or all of the Drainage Improvemt'nts located within Tract A, the City of Renton shall have the right to enter Tract A to operate, maIntain and repair the improvements at the City's CIJst. TRACT 8 EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER FEATURES LYING WITHIN TRACT 8 A non-excluSive easement for the installation, operation, maintenance, repair and reconstruction of the portion of the storm drainage discharge facilities In Tract 8 that extend downstream toward Maplewood Creek (an ephemeral stream) from the Drainage Improvements in Tract A is hereby declared over, under, alonn ~nd across. Tract B: This e"sement shall run with the land, benefiting all of - the Lots WIthIn thIS plat and burdening Tract B. The Elmhurst Homeowners Association shall have the duty to maintain and repair Tract B, IncludIng WIthout lImItatIon the duty to maintain and repair when needed (1) the stream chan~el of the portion of Maplewood Creek lying within Tract B. (2) the storm draInage diSCharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A. (3) the fence along the east and north edges of Tract B (including the CIty-reqUIred strea~ buffer notice signage on that fence) and (4) the trees planted In conJunctIon WIth this plat within the stream buffer along the east and north SIdes of Maplewood Creek within Tract B. Prior to an.assumption by the City of Renton of operation and/or maintenance responSIbIlItIes of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements In Tract A, (a) the CIty of Renton shall have the right to enter Tract B to repaIr any defICIenCIes In such facilities in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repaIrs made by the CIty of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City'S demand. After (an~ to the extent of) an assumption by the CIty of Renton of operation and/or maIntenance responsibilities of some or all of the storm drainage dIscharge facilities.in Tract B that extend downstream toward Maplewood Creek from some of the DraInage Improvements in Tract A, the City of Renton shall have the.rlght to enter Tract 8 to operate, maintain and repair the facilities at the CIty'S cost. CONSEQUENCES OF (1) HOMEOWNERS ASSOCIATION DISSOLUTION OR (2) FAILURE TO PAY PROPERTY TAXES FOR TRACTS A AND 8 In the event that the Elmhurst Homeowners Association is dissolved or otherwise fails to meet its property tax payment obligations with respect to Tract A and/or Tract 8 for a period of eighteen (18) months following the date that p~operty taxes are due to be paid to King County for those tract (s), then, In such event, (1) each of the Lots in this plat shall be deemed to have automatIcally assumed an equal and undivided ownership interest in Tract A and/or Tract 8 (as the case may be) and (2) the owners of the Lots shall be deemed.to have automatically assumed a jOint Obligation to perform all of the maIntenance responSibilities previously borne by the Elmhurst Homeowners ASSOCIatIon including all of the finanCIal responsibilities attendant thereto. FRONT YARD LANDSCAPING All Lots shall be required to have (A) a minimum of one new, City of Renton-approved tree, with a minimum caliper at time of planting of 1-1/2 inches (if a deciduous tree) or a minImum height at time of planting of 6 feet (if a conI fer) . and (8) shrubs (or equivalent) planted wi thin the front yard prior to fInal bUIldIng permIt InspectIon for the home on the Lot in question. Each applIcatIon for a Single family building permit for any Lot shall include a plan notIng the locatIon and type of plant materials within the front yard. All front yard landscapIng shall be planted prior to final building permit InspectIon for the home on the Lot in question. NATIVE GROWTH PROTECTION EASEMENT Tract 8 is hereby declared to be a Native Growth Protection Easement ("NI;PE") subject to the easements depicted upon or otherwise specified on this pl~t. ' The purpose of the NGPE shall be for preserving native vegetation (and the trees planted in the stream buffer along the east and north sides of Maplewood Creek within Tract B in conjunction with this plat) for the cOlltrol of surface water and erOSion, maintenance of slope stability, visual and aural bufferIng, and protection of plant and animal habitat. Subject to the easements depicted upon or otherwise specified on this plat, the NGPE prohibits all present and future owner (s) of Tract B from disturbing any trees and other vegetation within the NGPE unless done pursuant to express writ ten p~rmIsslon of the City of Renton. This prohibition shall be enforceable by the CIty of Renton. Except as provided for above, the owner (s) of Tract B mClY not cut, prune, cover WIth fIll, remove or damage the vegetation within in i1. The rIght of entry granted herein shall apply to the agents, representatives and employees of the owner (s) or subsequent owner (s) of the underlying proper'ty. PRIVATE ACCESS AND UTILITY EASEMENT A no~-exclusive easement for ingress and egress and for construction, ma)ntenance repaIr and use of a driveway and underground utilities and storm drains lind ' appu~tenances thereto. is hereby declared over, under. along and across Ule portIon of Lot 13 depIcted on Sheet 2 of 5 of this plat as "20' Private AUE to Lot 14." (The Legend ~n that sheet states "AUE = Private Access and Utility f:asement".) The drlveway WIthIn thIS easement shall be for the joint use of Lots 13 ~nd 14 and any utilities and/or storm drains installed in the easement intended for the common use of Lots 13 and 14 shall be for the joint use of those two lot~). (UtIlItIes o~ storm drains. intended for the use of Lot 13 only or Lot 14 only may also be Installed WI thIn thIS easement.) Parking is prohibited in Ulis easement. This easement shall run with the land burdening Lot 13 and berlefiting Lo t 14. The owners of Lots 13 and 14 shall have the perpetual right and duty to n\aintain and repaIr the drlveway and any jOintly used utilities and storm drains and appurtenances thereto located in this easement. The costs of such maintpnance and repair are to be shared equally between the owners of Lots 13 and 14, To the extent that utility service or storm drain lines and appurtenance thereto WIthIn the easement serve only one of those two lots, the owner (s) of suc.h served lot shall have the perpetual right and duty to maintain and repair such :lines and appurtenances. PRIVATE UTILITY EASEMENT A non-exclusive easement for construction, maintenance, repair and use 01 underground utilities and appurtenances thereto is hereby declared over, under along and across the portion of Lots 12 and 13 depicted on Sheet 2 of 5 clf this plat as "5' UE". (The Legend on that sheet states "UE = Utility Easement" ) Any utilities installed in the easement intended for the common use of mClre than one of Lots 12, 13 and 14 shall be for the joint use of those lots. (Utilities intended for. the use of Lot 12 only or Lot 13 only or Lot 14 clnly may also belnstalled WIthIn the easement.) This easement shall run wiUI the land burdenIng Lots 12 and 13 and benefiting Lots 13 and 14. The ow~ers of Lots 12, 13 and 14 shall have the perpetual right and duty to maintaIn and repair utilities and appurtenances thereto that they jointly use WhICh are located In thIS easement. The costs of such maintenance and repair are to be shared equally between the owners of the jOint-USing lots. To the extent that utIlity service lines within the easement serve only one of those three lots~ the owner (s) of such served lot shall have the perpetual right and duty to maIntaIn and repaIr such lines. PRIVATE DRAINAGE EASEMENTS A private. non-exclusive drainage easement 2.50 feet in width is hereby declared to run parallel.to and abutting all interior lot lines of the Lots created by this plat. In addItIon, a prlvate, non-exclusive drainage easement 5.00 feet in width IS hereby declared.to run parallel with and abutting all rear lot lines of the Lots created by. thIS. plat. Further, a private, non-exclusive drainage easement 10.00 feet In WIdth IS hereby declared to run parallel with and abutting all publlc street rIght-of-way frontages of all of the Lots lying within this plat All of these easements include the right to enter upon the easement areas at ail t I me s for. the s tat e d pur p 0 s e s 0 f the see a s e me n t s, wh i chi n c Iud e (a) the Installatlon, use, maintenance and repair of private storm drain (s) and app~rtenances thereto and (b) the installation, use, maintenance and repair of draInage swales. In the event that any of the lot lines of the Lots created by thIS plat are later adJusted after the recording of this plat, the corresponding abuttIng prIvate draInage easement (s) created by this section shall automatically be deemed to move with the adjusted lot line (s) . These private drainage easements shall be for the benefit of (a) all of the Lots set forth on this plat and (b) the Elmhurst Homeowners Association. Unless otherwise specifically set forth on this plat, the owner (s) of each Lot served In.common by private storm drain(s) and appurtenances thereto lying within a prIvate draInage easement shall be equally responsible for the maintenance repalr, and/or reconstruction of the storm drain (s) and appurtenances ther~to lYIng w~thIn these easements: provided, however, that no owner (s) shall be responSIble for such maintenance, repair. and/or reconstruction of that portion of storm draIn(s) used In common to the extent that such storm drain (s) are located upstream from the point of drainage connection of that respective owner's Lot. Unless otherwise provided for ~n this plat, the owner (s) of any Lot that has segment(s) of dralnage.swale(s) WIthIn these easements crossing the Lot shall be responSIble for the maIntenance of such drainage swale segments on the Lot. PUBLIC SIDEWALK EASEMENT A non-exclusive easement for construction, maintenance, repair and use of publIC s~dewalks IS hereby reserved for and conveyed to the City of Renton and the CIty s successors and assigns over, along and across the portions of all Lots WIthIn thIS plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rIghts-of-way dedIcated by thIS plat. (The areas subject to this easement are tYPIcally depIcted on Sheet 2 of 5 as "10 UDSE".) ~ Centre 33701 9th Avenue South ~ Federal Way, WA. 9B003 rNDEX DATA: NW-NW 15, T23N, R5E, WM LU A-05-090-FP LND-l0-0427 _~_ Pointe (253) 661-1901 t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1, 2005 J08 NAME: FINAL PLAT SCALE: 1 " = 500' JOB NO.: 2257 SURVEY FOR MJF Holdings, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 4 OF 5 I f) RETURN TO: Wt"ie'N RCeeReE O!floe of the CItY Cler\( Renton City Hall 1055 South Grady Way ~."<'tnn WA 98056 VOLUME/PAGE fLHHORST [ A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington FRANCHISE UTILITY EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to (1) PUGET SOUND ENERGY COMPANY, INC., a Washington corporation (a purveyor of electric power and natural gas), QWEST COMMUNICATIONS CORPORATION. a Washington corporation (a purveyor of telephone and Internet communication services), and COMCAST OF WASHINGTON IV, a Washington corporation (a purveyor of cable television and Internet communication services), and their respective successors and assigns and (2) any and all other utility purveyors providing utility services in the area of the subject property from time-to-time, with such easement extending along, across, under and upon: Cal The portions ot all Lots within the plat lying within ten (10) teet of the existing Bremerton Avenue NE street right-ot-way depicted on this plat and within ten (10) teet of all of the public street rights-of-way dedicated by this plat (those easement areas typically being depicted as "10 UDSE" on Sheet 2 of 5); Cb) The portion ot Tract A within the plat lying within ten (10) feet of the public street right-ot-way dedicated by this plat (that easement area being depicted as "10' UE" on Sheet 2); (c) The portion of Lot 13 depicted on Sheet 2 of 5 as "20' Private AUE to Lot 14"; and (d) The portions of Lots 12 and 13 depicted on Sheet 2 of 5 as "5' UE". This easement authorizes the construction. operation. maintenance. repair. replacement, and enlargement of underground pipes, conduits, cables and wires with all necessary or convenient underground or ground-mounted appurtenances thereto (except ground-mounted appurtenances shall be prohibited in driveway and sidewalk areas) tor the purpose of serving the subdivision and other property with electric, gas, telephone, television cable, other communication cable (s) and other utility services, together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. No lines or wires for the transmission of electric current, or for telephone use, cable television, fire or police signals, or for other purposes, shall be placed upon any Lot unless the same shall be underground. ground-mounted. or in conduit attached to a building. Luminaires and appurtenances thereto for street lighting are also authorized by this easement in areas where they will not conflict with driveways and sidewalks. In addItion, a non-exclusive clearance easement is hereby reserved for and conveyed to PUGET SOUND ENERGY COMPANY, INC., a Wash ington corporat ion. and ~ ts successors and assigns along, across, under and upon both (a) the one-foot wlde and Six-foot long strip of land in Lot 4 depicted on Sheet 2 of this plat as a "CEO and (b) the one-foot wide and six-toot long strip ot land in Lot 45 depicted on Sheet 2 of this plat as a "CE". (Those strips abut the 10-foot wide utility easement along the public street side of the respective lots.) Each of these clearance easements is to provide clearance to an electrical transformer installed within the 10-foot wide utility easement along the public street side ot Lots 4 and 45. CITY OF RENTON SEWER AND WATER EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across, under and upon the portions of all Lots within the plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rights-of-way dedicated by this plat (except the publiC. street right-ot-way fronting Tract A) (The areas subject to this easement are typically depicted on Sheet 2 of 5 as "10 UDSE".) Th is easement author izes the construc ti on, operation. ma intenance. repa ir. replacement, and enlargement of underground sewer and water mains. services and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and Tracts with sewer and water service. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. CITY OF RENTON STORM DRAINAGE EASEMENT A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along, across, under and upon the northwest portion of Lot 56 that is depicted on Sheet 2 as a "Storm Drainage Easement". This easement authorizes the construction, operation, maintenance. repair. replacement, and enlargement of an underground storm drain and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of conveying storm water, together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. ADDITIONAL RESTRICTIONS The property that is the subject of this plat (or portions thereof) is (or may be) subject to the following matters: 1. RESERVATIONS AND EXCEPTIONS. INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20, 1900 RECORDING NO.: 192430 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E. (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RECORDED APRIL 3. 1962 UNDER RECORDING NO. 5407391. 3. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE L. L. C.. A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 8. 2004 RECORDING NUMBER: 20040908000083 City ot Renton Sewer Easement Provisions A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along, across. under and upon the west tive (5) feet of Lot 5 and the east five (5) feet of Lot 6. (The areas subject to this easement are depicted on Sheet 2 of 5 as "SE".) This easement authorizes the construction, operation, maintenance. repair, replacement. and enlargement ot an underground sewer water main, services and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and off Site properties with sewer service, together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. COVENANT REGARDING CONVEYANCE OF EASEMENTS The owner of the land embraced within this plat, in consideration of the benefit to accrue from the subdivision. by signing hereon covenants and agrees to convey the beneficial and servient interests in the easements created by this plat to any and all future purchasers of the Lots. or of any subdivision thereof. This covenant shall run with the land that is encompassed by this plat. Areas (+/-10 square feet) Lot 1 4610 SQ FT Lot 35 3710 SQ FT Lot 2 3800 SQ FT Lot 36 3550 SQ FT Lot 3 3800 SQ FT Lot 37 3410 SQ FT Lot 4 3800 SQ FT Lot 3B 3390 SQ FT Lot 5 3990 SQ FT Lot 39 46BO SQ FT Lot 6 3990 SQ FT Lot 40 46BO SQ FT Lot 7 3800 SQ FT Lot 41 4070 SQ FT Lot 8 3330 SQ FT Lot 42 4220 SQ FT Lot 9 3330 SQ FT Lot 43 4830 SQ FT Lot 10 3330 SQ FT Lot 44 4830 SQ FT Lot 1 1 4760 SQ FT Lot 45 3500 SQ FT Lot 12 5250 SQ FT Lot 46 3520 SQ FT Lot 13 6010 SQ FT Lot 47 3600 SQ FT Lot 14 5420 SQ FT Lot 48 3730 SQ FT Lot 15 4930 SQ FT Lot 49 5400 SQ FT Lot 16 3830 SQ FT Lot 50 3560 SQ FT Lot 17 3850 SQ FT Lot 51 3840 SQ FT Lot 18 3820 SQ FT Lot 52 5060 SQ FT Lot 19 3910 SQ FT Lot 53 5360 SQ FT Lot 20 3980 SQ FT Lot 54 5980 SQ FT Lot 21 4860 SQ FT Lot 55 5040 SQ FT Lot 22 5130 SQ FT Lot 56 4610 SQ FT Lot 23 4860 SQ FT Lot 57 3800 SQ FT Lot 24 4750 SQ FT Lot 58 4750 SQ FT Lot 25 4750 SQ FT Lot 59 3800 SQ FT Lot 26 4750 SQ FT Lot 60 4620 SQ FT Lot 27 4750 SQ FT Lot 61 4180 SQ FT Lot 28 4750 SQ FT Lot 62 4230 SQ FT Lot 29 47BO SQ FT Lot 63 4890 SQ FT Lot 30 4690 SQ FT Lot 64 5820 SQ FT Lot 31 3840 SQ FT Tract A 32920 SQ FT Lot 32 3850 SQ FT Tract B 32630 SQ FT Lot 33 3850 SQ FT Road R/W 74320 SQ FT Lot 34 4600 SQ FT Overall 417290 SQ FT ~ Centre 33701 9th Avenue South • Federal Way, WA. 98003 INDEX DATA; NW-NW 15, T23N, R5E, WM LUA-05-090-FP LND-10-0427 EXPIRES 5-23-2007 P · t (253) 661-1901 ~ ~ orne t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1. 2005 JOB NAME: FINAL PLAT SCALE: 1" = 500' JOB NO.: 2257 SURVEY FOR MJF Holdings. Inc. 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 5 OF 5 ------------------------------------------------------------------------------------------------- WHEi< RECORDED RETURN T',: ()fiicF :,f the City Clerk ;:,(·".L -, 8ity Hall "'V;";. ':outh Grady Way -,. INA 98055 VOLUME/PAGE ££HH[/RSr A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N. , Range 5 E., W. M. Washington DEDICATION: Know all people by these presents that M.J.F. Holdings. Inc .. a Washington corporation ("Dedicator"). the owner of a fee simple interest in the land hereby subdivided, hereby declares this plat to be the graphic representation of the subdivision made hereby and does hereby dedicate to the use of the public forever all streets and avenues not shown as private hereon and dedicate the use thereof for all pUlJlic purposes not inconsistent with the use thereof for public highway purposes. and also the right to make all necessary slopes for cuts and fills ~on the lots shown thereon in the original reasonable grading of said streets and avenues. Dedicator further dedicates the easements and tracts depicted and described on this plat to the persons and entities identified and for the purposes stated. Further. tt1e Dedicator hereby waives for itself and its heirs. successors and assigns and any persons or entities deriving title from the Dedicator. any and all claims for damages against the City of Renton and its successors and assigns that may be occasioned by the establishment. construction or maintenance of roads and/or drainage systems within this subdivision other than claims resulting from inadequate maintenance by the City of Renton. Further. the Dedicator hereby agrees for itself and its heirs. successors and assigns to indemnify and hold the City of Renton and its successors and assigns harmless from any damage. including any costs of defense. claimed by persons within or without this subdivision to have been caused by -alterations of the ground surface. vegetation. drainage, or surface or sub-surface water flows within the subdivision or by establishment, construction or maintenance of the roads within this subdivision: provided, however. that this waiver and indemnifiCation shall not be construed as releasing the City of Renton, its successors or assigns, from liability for damages, including the cost of defense, resulting in whole or in part from the negligence of the City of Renton, its successors or assigns. This subdivision, dedication, waiver of claims and agreement to hold harmless is made with the free consent and in accordance with the desire of said owner. DEDICATOR: M.J.F. Holdings, Inc., a Washington corporation By ~h~;1.~J? EXCHANGE COUNSEL, INC., a Washington corporation, the holder of a deed of trust beneficiary's interest in the land hereby subdivided (King County Recording No. 20050707001746), hereby consents to the above-stated Dedication and this plat. corporation ACKNOWLEDGEMENTS: STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN is the person who appeared before me and aCknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and ack~owledged it as President of M.J.F. HOLDINGS, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: fj~~. 12 J 200S Signature ~ Name (Pr int) ~~ __________ ~Notary Public ____________ __ Ti tle My ApPOintment Expires ' STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) Notary Public State of Washington ALFRED E LARSON MY COMMISSION EXPIRES OCTOBER 29, 2008 I certify that I know or have satisfactory evidence that MARK E. HODGES is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as President of EXCHANGE COUNSEL. INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: Out1l'\W 15' I ~oo5 Signatu~ Name (Pr int) ~~ __________ ~Notary Public ____________ __ Title N'Vt.n1b£r /S • .uJOJ, My Appointment Expires I NOTARY PUBLIC STATE OF WASHINGTON r;;;~CHELE J. ROBERTS My Appointment Expires Nov. 15, 2006 APPROVALS: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the Cil:y. and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use.,have been dut.l PMd.~C=0r diSCharged, this \q day of c:>ec.e-_r ,200~ Finance Direct~r\ CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS Examined and appro~ed this I q Tit day of P.e.c..eA1I21fJ(, 2005 ~ /If>#;~IIU/P~ Adminis to CITY OF RENTON MAYOR Examined and approved this ___ day of ______ _ , 200~ Mayor CITY OF RENTON Examined and approved this __ ~day of ____ -', 200_. City Clerk KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved this __ ~day of ____ ---', 200_. King County Assessor Deputy, King County Assessor - Account Numbers _______________________________ __ KING COUNTY FINANCE DIVISION CERTIFICATE I hereby certify that all property taxes are paid; that there are no delinquent special assessments certified to this office for collectiorl: and that all special assessments certified to this office for collect jon on any of the property herein contained, dedicated as streets, alleys, or for any other public use, are paid in full. this day of ____ ~, 20o_. Manager Finance Division ~--------------------------Deputy RECORDER'S CERTIFICATE Filed for record at the request of the City of Renton __ ~~day of . 200~, at minutes past and recorded in Volume of Plats, pages this records of King County, Washington. Division of Records and Elections Manager Superintendent of Records LAND SURVEYOR'S CERTIFICATE: I hereby certify that this plat of Elmhurst is based on an actual survey done by me or under my direct supervision: that the bearings and distances are shown correctly; that the perimeter monuments have been set and that all other monuments and lot corners have been set or bonded with the city and will be set prior to the release of the bond; that I have fully complied with all State and City regulations governing platting and that the plat conforms to the approved preliminary plat and the~~_~ of approval thereof. ~ -. /'t-/J",' SteDhHWoOdS, P. L. S. 38965 Date THE OWNER/DEVELOPER. SHALL DEFEND. INDEMNIFY AND HOLD THE CITY OF RENTON, ITS OFFICERS. OFFICIALS. EMPLOYEES AND VOLUNTEERS HARMLESS FROM ANY AND ALL CLAIM. INJURIES. DAMAGES. LOSSES OR SUITS INCLUDING ATTORNEY FEES, ARISING OUT OF OR IN CONNECTION WITH THE COMPLETION OF ALL REQUIRED PUBLIC FACILITY IMPROVEMENTS FOR THIS PLAT. THE CITY'S FINANCIAL OBLIGATION TO CONSTRUCT ANY DEFAULT PRIVATE UTILITY FACILITIES AND PUBLIC INFRASTRUCTURE FOR STREETS, WATER UTILITY. SANITARY SEWER UTILITY. OR STORM WATER UTILITY SYSTEM IS LIMITED TO THE FACE VALUE OF THE BOND THE OWNER/DEVELOPER HAS POSTED IN LIEU OF THE REQUIRED PUBLIC IMPROVEMENT. THE CITY RESERVES ITS UNILATERAL RIGHT TO ESTABLISH THE SCHEDULE FOR CONSTRUCTION OF DEFAULTED PLAT INFRASTRUCTURES. THIS STATEMENT IS LEGALLY BINDING UPON THE HEIRS. AND/OR ASSIGNS OF THE OWNER/DEVELOPER, SUBSEQUENT PROPERTY OWNERS AND THEIR HEIRS AND/OR ASSIGNS. EXPIRES5-23-2007 ~ Centre 33701 9th Avenue South 8) Federal Way, WA. 98003 INDEX DATA: NW-NW 15, T23N, R5E, WM LU A-05--090--FP LND-l0-0427 P · t (253) 661-1901 ---Olne t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1. 2005 JOB NAME: FINAL PLAT SCALE: NA JOB NO.: 2257 SURVEY FOR MJF Holdings, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 1 OF 5 LINE C1 C2 C3 C4 C5 C6 C7 CB C9 Cl0 Cl1 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 A portion of the City of Renton, 27.29' I 5' L III .... .... :J [IJ E III W L ..... III m C\J ....J [IJ C\J ....J " C\J ....J 46.27' C\J o C\J ~ ...... 14 : 143001 111 (TJ 49,89' S89'46'25"E 50.00' 13 143061 95.55' " (T) C\J o ~ 3: m 111 (T) ££HH[/RSr NW 1/4 of the NW 1/4 of Section 15, King County, 50.01' 12 143121 [IJ (TJ 1.0 m 50, 00 ' 35, 01 '. 35, 01 ' 111 C\J o 0 ; 11 : (T) 143181 ~ .... ...... , o o z .... " o o z 36.53' 35 . 0 1 ' 35. 0 1 ' Storm . Drainage ru asement N,E. C\J o 111 01 3: 589'08'05"E 647.65' 35.01' 8 622.66' 40,00' C\J o C\J o 111 m ~ 'f 7 ~ 01 • ~ 144021 ~ (TJ .... (T) ...... .... . , 42.01 'I 6 I 42.0i'N I ~ i ~ I 3: 15 m I (TJ I 144141 ~ I 0 0 0 0 0 0 ~ __ z ___ z_-__ 5=-'~~ 35,01' 40.00' 2ND CT. 589'08'05"E 461.01' ..... 224,97' .57' C\J 40.00' o 111 01 50,00' ----.:;- o 111 01 O'UD5E o 111 01 25,12' C -_ ....... <? V' I VOLUME/PAGE Township 23 N., Range 5 E., W, M. 40.01' C\J o 111 01 3: 4 01 111 144201 ;" ...... . 40.01' 3 C\J o Ifl 01 3: 01 111 40,01' C\J o 50 . 0 1 ' I ;" 25-:-00' I~ Iff: 2 111 01 3: , 144321 (TJ .... " o o z 10' UOSE ..... C\J O'UD5E C\J 1 I~ 144361 I ~ I ~, 71.99 ' -r-------6' , 42 .f%\. 25' 25' Washington D ET AIL "A" l'x 6'CE 3: (CLEARANCE 5' EASEMENT) ~ 6¥ 4 ---~-~---." . 00 ~ 0 .....0 ..... z S89'08'0'5"E I I I I I I I I \ I I I I I I I I 1.0 C\J ....J 16 1 0 I~ 21' I 21' 57 ~ W w 59 ~ 60 I I 1m 21' I 21' " o I 267 I ,~$ I '" $ 10 1/16th Line. . ~ " C\J o o z ARC 15.95' 1.65' 27.06' 0.52' 50.58' 181. 66' 24.63' 39,33' 33,63' 20,OS' 38.74' 13.54' 13,57' 26.18' 12.61' 26. lS' 39.75' 36.39' 9.78' 44.36' 39.70' 37.73' 39.51' 38.79' 39.55' 2S.73' 19.52' 21. 97' 45.54' 35.08' 5S.46' 19.22' 2,62' (T) (\j ...J 12651 S89"46'25"E 17 12591 96.17 ' I'" 10 I~ o I'" C\J 589'46'25"E C\J 95.80 10 I~ ....J 18 12531 I'" 589'46'25"E 96.14 ' ~ '\ (1 ...... OJ \ 19 12331 589'46'25"E 98,98' 20 12271 S89'46'25"E 101.38' 21 []lli .... C\J .... w , 111 I~ (T) .... . o o z . I ~I !;?I (T) 143231 ~ 00' o o z 589 ' 55 1254 1 , 589'08'05"E 125.62' 54 12321 589'08'05"E 121.68' TRACT A '-....... o o z .... 0 ~ 0 o '" o o 143351 ~ o o z SS9'08'05"E 62 12351 S89'OS'05"E 144031 I: I" 40.1 105,12'1· I~ I!;? o o C\J 3: 01 111 (TJ ...... ~I o z N,E. I 589'08'05"E 93.52' ~I 40 01 12581 1111 S89"08'05"E 93,52' ~I ~I 39 1111 I 252 I S89'08'05"E 96,52' 43 []ill ~ 589 "08' 05" E .... 0 o ~ o 111 I. I C; 0 Ig ~ 96.52 ,I ~ 3: I· m 1 ~ ~ 1 ~ ~ 1589 '08'05"E 93.52' 589'08'05"E 96,52,110' ~ ~ ~I 38 ~I .. , 12361 (T)I 1.0 C\J 1.0 (TJ 93,53' See Detail 8 This Sheet 45 1 , 6' 12371 x CE ~ . ~ 589'08'05"E 111 ..... C\J ~ , .., r.o!" S89'08'05"E 95.79' (T) ~ ..... (TJ 1.0 OJ UJ , • UJ 1.0' (TJ OJ .C'IJ 1.0' (T) OJ 100.15' ... 35 12221 to Ifl (T) ~ 1.0 IT) '05"E 104.73' 40.00' 40,00 ' (T) C\J to 01 w 33 ~ 144161 Ifl :r o o z 40,00' 32 144221 40.00' 2ND LN"274,64' 46 0IJ 589'08'05"E ~211 589'08'05"E 48 mID 589 '08' 0 "E 40.00' 589 '14 ' 38 ~ -30-8-.-3-2 -, -- 101 C\J ... C\J C\J ~I DETAIL " B" I 45 I 10' 1'x 6'CE I (CLEARANCE ~ I EASEMENT) ~ l' .1- 5torm Water Detention / Water Quality Pond C\J DELTA RADIUS 4 '03' 45" 225.00' 3'47'02" 25.00' LINE BEARING DISTANCE 62 '01 '24" 25.00' L1 N03 "14' OrE 8.89' 0'09'06" 196.00' L2 N79'27'24"W 60,33' 14"47'06" 196.00' L3 N79 '09' 12" W 32.66' 53 '06' 16" 196.00' L4 N82'09'26"W 25.82' 8'15'10" 171. 00' L5 N56'09'40"W 30.42' 13 '10' 36" 171. 00' L6 N39'52' 10"W 25.26' 28 '45' 37" 67,00' L7 N4B 'S8' 19"W 21. 28' 17"10'03" 67,00' L8 N29"17'44"W 24,85' 33"07'4S" 67,00' L9 N15'2S'25"W 31. 95' 11 '34' 52" 67.00' L10 N18"44'43"W 41. 02' 31'05'55" 25.00' L11 N14'15'58"W 15,53' 60"00'00" 25.00' L12 514'15'58"E 14.56' 28"54'05" 25.00' L13 N07"06'36"W 37,03' 60"00'00" 25.00' L14 505 "22' 27" E 3.48' 91"05'55" 25.00' L15 N05 "22' 27" W 51. 23' 9 '26' 07" 221.00' L16 S15"40'24"E S.99' 2"32'05" 221.00 ' L17 N15"40'24"W 41,59 . 101'39'32" 25.00' L18 515'40'24"E 6.49' 90"59'21" 25.00' L19 NOO"22'58"W 27,43' 86"27'41" 25.00' L20 503 "56' 41"W 6,34' 12"38'53" 179.00' L21 N03 '56' 41 "E 17,53' 8S"54'05" 25,00' L22 N01'4S'37"W 22,52' 90'38'20" 25.00' L23 N01'4S'37"W 23,66' 12'45'3S" 129.00' L24 501 '52' 41 " W 16,36' S'40'OS" 12900' L25 NO 1 '52' 41 "E 21. 34' 8'10'32" 154,00' L26 500'13'35"W 18,67' 16'56'42" 15400' L27 NOO'18'00"E 52,07' 13'03'00" 154.00' L28 NOO'04'09"E 24.39' 21 '45' 00" 154.00' L29 N02'02'50"E 87,63' 36'42'19" 30.00' 0'40'42" 221. 00' 50.00' 50,00' ------.- LEGEND: ~ • Monument found as noted. Visited Sept. 15. 2004. Set #4 rebar with yellow plastiC cap stamped " 22338/38965", )8( = 5et "X" i.n brass di.sk In 4" x 4" concrete post· in monument case, (R) = Radial bearlng 9ID = Address number UDSE Utility. Drainage and Sidewalk Easements. AUE = Private Access and Utillty Easement to Lot 14, UE 5E CE Utllity Easement. Sanitary Sewer Easement, l' by 6' Clearance Easement. ~ Centre 33701 9th Avenue South ~ Federal Way, WA. 98003 _~_ Pointe (253) 661-1901 t Surveying DRAWN BY; S Woods CHECKED BY: S Woo d s DATE: December 12. 2005 JOB NAllE: FINAL PLAT SCALE: 1" = 50' JOB NO.: 2257 I K 50.00' o o o 50 100 ~I ---:---1 SCALE: 1" 50' LUA-05-090-FP LND-l0-0427 INDEX DATA: \ EXPIRES 5-23-200 7 NW-NW 15, T23N, R5E, WM SURVEY FOR: MJF Ho ld ings. Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 2 OF 5 A portion of the City of Renton, Basis of Bearing: NW 1/4 of the True North. Based upon Global Positioning System (GPS) Lambert Grid Washington State North Zone coordinates. A convergence angle of 00·58'30.28" counterclockwise was applied at a punch mark in 3" King County surface brass disc. at the street intersection of NE 4th St. and 148th Ave. SE. mark Ing the Northeast corner of Sect ion 15. Township 23 North. Range 5 East of the Willamette Meridian. The North American Datum of 1983/1991 (NAD 83/91) grid coordinates were found to be 180903.998 / 1316622.321 at that polnt. The inverse of both the sea level correction factor Of 0.999981824 and the grid scale factor of 1.000002187 was applied to the grid coordinates for shown ground Oistances. Renton Control Monuments: Base #1: CITY OF HENTON CONTROL POINT #1503 Found copper nail in concrete post. incased, at the intersection of Union Avenue Northeast ~ Northeast 4th Street. Elevat iOll 401. 02 feet Northing 181067.883 Easting: 1311396.675 Base #2: CITY OF HENTON CONTROL POINT #478 Found COllper nail in concrete post, incased. at the intersect ion of Union Avenue Northeast ~ Southeast 2nd Place. Elevatioll 391.02 feet Northing: 178418.364 East ing: 1311352.404 Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THI: EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER ~ITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NI: VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 2005100701 )2099; (ALSO KNO~N AS A PORTION OF TRACT 5. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W. M.; EXCEPT TH~ EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COpy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST. W. M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KIN~ STATE OF WASHINGTON. I f0-Il UJ z tlc-> « Z ~ 0 1-+ Z ~r---: ...LL \ 1 -\ NF 6TH ST w z :> NE 5TH ST "" ....J ....J "" :> NE 4TH ST ::J 0 W Z w :> (f) "" UJ z :> SITE g~ '-' 0: J: UJf-~ tD UJ(T') 1 0: ..... - -, I -/ tD DC - ~ VICINITY MAP 1" =1/4 Mile w z -> "" w (f) I----f~ "" J: --- .§E ~36TH si- - f-'<I" "7 .... _. ---.~ . -~----~----------~~-~~- VOL'JME/PAGE £.£HJ{ORSr NW 1/4 Section 15, County, of King Township 23 N. , Range 5 E., W.M. Washington Northwest corner of Section 15. Township 23N. Range 5E. W. M. Found c,)pper na i I in concrete post. incased. City of Renton #1503. 9 1y S89'01'30"E 2585.77' 16~646.44-'--I 646.44' T 10 (T') 01 01 '<I" U) ru 3: , "7 a .... a a o z ru U) U) tD "7 ru !.O U) ..... 01 '<I" ru (T') ... ~ I~ ~l cu !.O !.O ru !.O !.O ~ 66_' __ ~ ,...1 __ ..:;:.6~47:"':.":;6::':'6_' __ ....:1 SB9 'OB' OS· "~ 129S. 33' ! ~ ~ a a .... z U) U) . a C\J a "7 648.89' 648.89' ~ -----..... ---......;;.--~ S89'14'38"E a ... 2595.55' 3: I~ . o I~ ~I West 1/4 lorner of Section 1'), Township 23N. Rang!'! 5E. W. M. Found COPller nail in concrete flost. incased. City of Rrnton #478. 1292.89' 1297.77' 1302.68 ' ~ -r ~North 1/4 corner af Section 15. Townsh ip 23N. Range 5E. W. 1'v1. Found 2" brass disc with "X". l!l C\J l!l ... (T') .... l!l C\J l!l .... (T') .... o l!l o (T') U) C\J 3: o o ..... C\J o o z I oK o 400 BOO ~I ~! 1IIIiII1---1 SCALE: ? 1302,68' 16 ------1" 400' SB9'27'41"E 2605.36' CONTROL SKETCH Surveyor's Notes: :) The monument control shown for this site was accomplished by fie ld traverse ut i I iz ing a one (1) second theodo lite with integral electronic distance measuring meter (Geodimeter 600) and Real Time Kinematic (RTK) / Static Global Positioning System (GPS). Linear and angular closure of the traverses meet the standards of WAC 332-130-090. :') Ful 1 rel iance for legal descript ions and recorded easements have been placed on the title report from Stewart Title Guaranty Company Commitment Order No. 205115486. dated November 22. 2005. No additional research has been attempted. j) Offset dimensions shown hereon are measured perpendicular to property lines. 4) The Articles of Incorporation for the Elmhurst Homeowners Association are on file with the State of Washington Secretary of State's Corporations Division Office in Olympia. Washington. 5) There shall be NO direct vehicular access to or from Bremerton Avenue Northeast in regard to Lots 1,29 and 30. INDEX DATA: LUA-05-090-FP LND-l0-0427 ~ Centre 33701 9th Avenue South • Federal Way, WA. 98003 P · t (253) 661-1901 -~ Olne t Surveying NW-NW 15, T23N, R5E, WM SURVEY FOR: MJF Holdings. Inc . 213 East Meeker Kent. WA 98032 DRAWN BY: S Woods CHECKED BY: S Woods KING COUNTY, WASHINGTON December 1. 2005 JOB NAME: DArK FINAL PLAT SCALE: JOB NO. 1" = 500' 2257 SHEET 3 OF 5 I --------~--~------ VOLU~E/PAGE ££HHURsr A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, Township 23 N., King County, Range 5 E., w. M. Washington PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS See that certain "Declaration of Protective Covenants. Conditions. Easements and Restr'ictions of Elmhurst-recorded under King County Recording No. (the "Elmhurst CCRs ") . CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION M.J.F. ~llldings. Inc .. a Washington corporation. hereby conveys and qUItclaIms Tract A to the Elmhurst Homeowners Association. a Washington non-profit corporation. together with after-acquired title. subject to the varIOUS easements set forth on this plat. CONVEYANCE OF TRACT B TO THE HOMEOWNERS ASSOCIATION M.J.F. HOldings. Inc .. a washington corporation. hereby conveys and qUItclaIms Tract B to the Elmhurst Homeowners Association. a Washington non-profJt corporation, together with after-acquired title. subject to the varHIUS easements set forth on this plat. TRACT A E.ASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER IMPROVEMENTS LYING WITHIN TRACT A A non-exClusive easement for the installation. operation. maintenance. repaIr and reconstruction of a stormwater detention and water quality pond. other drilinage facilities. fencing and landscaping (collectively. "Drainage Improvemf~nts··) is hereby declared over, under. along and across Tract A. ThIS eas~ment shall run with the land. benefiting all of the Lots within thIS pIal and burdening Tract A. The Drainage Improvements located within Tract. A ~;hall be owned. operated. and maintained by the Elmhurst Homeowners Assoclatlon until such time (if ever) the City of Renton assumes operation and malnienance responsibility for them. Prior to an assumption by the City of Renton of operation and/or maintenance responslbilities of the Drainage Improvements located within Tract A. (a) the.Clty of Renton shall have the right to enter Tract A to repair any defICIencies in such improvements in the event the Elmhurst Homeowners Associatl0n fails to maintain or repair them and (b) the cost of such repaIrs nlade by the City of Renton Shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City·s demand. After (and to the extent of) an assumption by the City of Renton of operatlorl and/or maint~nance responsibilities of some or all of the Drainage Improvements located wlthln Tract A. the City of Renton shall have the right to e~ter Tract A to operate. maintain and repair the improvements at the CIty s cost. TRACT B EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER FEATURES LYING WITHIN TRACT B A non-exclusive. easement for the installation. operation. maintenance. repair and reconstructlon of the portIon of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek (an ephemeral stream) from the Drainage Improvements in Tract A is hereby declared over. under. along and across. Tract B: ThIS easement shall run with the land. benefiting all of the Lots wlthIn thIS plat and burdening Tract B. The Elmhurst Homeowners ASSOCiation shall have the duty to maintaln and repair Tract B. Includlng wlthout Ilmltatlon the duty to maintain and repair when needed (1) the stream chan~el of the portion of Maplewood Creek lying within Tract B. (2) the storm draInage dlscharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A. (3) the fence along the east and north edges of Tract B (including the CIty-requIred stream buffer notice signage on that fence) and (4) the trees planted in conjunction with this plat within the stream buffer along the east and north SIdes of Maplewood Creek within Tract B. Prior to an assumption by the City of Renton of operation and/or maintenance responslbIlltles of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements In Tract A. (a) the Clty.of Renton shall have the right to enter Tract B to repalr any deflclencles In such facilities in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repaIrs made by the CIty of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City·s demand. Aft e r (a nd tot he ext e n t 0 f) a n ass u mp t ion by the Cit y 0 f Re n ton 0 fop era ti 0 n and/or maIntenance responsibilities of some or all of the storm drainage dIscharge facilities in Tract B that extend downstream toward Maplewood Creek from some ~f the Drainage Improvements in Tract A. the City of Renton shall have the rIght to enter Tract B to operate. maintain and repair the facilities at the Clty'S cost. CONSEQUENCES OF (1) HOMEOWNERS ASSOCIATION DISSOLUTION OR (2) FAILURE TO PAY PROPERTY TAXES FOR TRACTS A AND B In the event that the Elmhurst Homeowners Association is dissolved or otherwise fails to meet its property tax payment obllgations with respect to Tract A and/or Tract B for a period of eighteen (18) months following the date that p~operty taxes are due to be paid to King County for those tract (s). then. In such event. (1) each of the Lots in this plat shall be deemed to have automatically assumed an equal and undivided ownershlp interest in Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed.to have automatically assumed a joint obligation to perform all of the malntena~ce responsibilities previously borne by the Elmhurst Homeowners Assoclatlon Includlng all of the financial responsibilities attendant thereto. FRONT YARD LANDSCAPING All Lots shall be required to have (A) a minimum of one new. City of Renton- approved tree. wlth a ffilnlmum calIper at time of planting of 1-1/2 inches (if a deCIduous tree) or a minimum height at time of planting of 6 feet (if a conIfer) and (B) shrubs (or equivalent) planted within the front yard prior to fInal bUlldIng permlt InspectIon for the home on the Lot in question. Each applIcatIon for a sin~le family building permIt for any Lot shall include a plan notIng the locatIon and type of plant materials within the front yard. All front yard landscapIng shall be planted prior to final building permit lnspectlon for the home on the Lot in question. NATIVE GROWTH PROTECTION EASEMENT Tra~t B is hereby declared to be a Native Growth Protection Easement ("NCPE"). subJect to the easements deplcted upon or otherwise specified on this plat. The purpose of the NGPE shall be for preserving native vegetation (and Ule trees planted in the stream buffer along the east and north sides of Maplewood Creek within Tract B in conjunction with this plat) for the control of surface water and erosion. maintenance of slope stability. visual and aural buffering, and protection of plant and animal habitat. Subject to the easements depicted upon or otherwise specified on this plat. the NGPE prohIbIts all present and. future owner (s) of Tract B from disturbing any trees and other vegetatIon wlthln the NGPE unless done pursuant to express written permIsslon of the Clty of Renton. This prohibition shall be enforceable by the CIty of Renton. Except ~s provided for above, the owner (s) of Tract B may not cut. prune. cover WIth fIll. remove or damage the vegetation within in it. The rIght of entry granted herein shall apply to the agents. representatives and emp loyees 0 f the owner (s) or subsequent owner (s) 0 f the under 1 y ing proper·t y. PRIVATE ACCESS AND UTILITY EASEMENT A non-exclusive easement for ingress and egress and for construction, majntenance repalr and use of a driveway and underground utilities and storm drains and ' appur t en anc es there to. is hereby dec I ared over, under, along and ac ross Hie portIon of Lot 13 deplcted on Sheet 2 of 5 of this plat as "20' Private AUE to Lot 14." (The Legend on that sheet states "AUE = Private Access and Utility Easement".) The drIveway wlthln thIS easement shall be for the joint use of Lots 13 and 14 and any utilities and/or storm drains installed in the easement intended for the common use of Lots 13 and 14 shall be for the joint use of those two lots (Utilities or storm drains. intended for the use of Lot 13 only or Lot 14 ~nly may also be Installed wlthln thls easement.) Parking is prohibited in this easement. This easement shall run with the land burdening Lot 13 and benefiting Lot 14. The owners of Lots 13 and 14 shall.have the perpetual right and duty to maintain and repaIr the drIveway and any JOIntly used utilities and storm drains and appurtenances thereto located in this easement. The costs of such maintenance and repalr are to be shared equally between the owners of Lots 13 and 14. To the extent that utility service or storm drain lines and appurtenance thereto WIthIn the easement serve only one of those two lots, the owner (s) of SUCh served lot shall have the perpetual right and duty to maintain and repair such lines and appurtenances. PRIVATE UTILITY EASEMENT A non-exclusive easement for construction, maintenance. repair and use of underground utilities and appurtenances thereto is hereby declared over under along and across the portion of Lots 12 and 13 depicted on Sheet 2 of 5' Of this plat a~ ~5: UE~. (The Legend on that sheet states "UE = Utility Easement".) Any utIlItIes Installed In the easement intended for the common use of more than one of Lots 12, 13 and 14 shall be for the joint use of those lots. (Utilities i~tended for. the use of Lot 12 only or Lot 13 only or Lot 14 only may also be. Installed wlthln the easement.) ThIS easement shall run with the land burdenlng Lots 12 and 13 and benefiting Lots 13 and 14. The owners of Lots 12. 13 and 14 shall have the perpetual right and duty to ma~ntaln and repair uti~ities and appurtenances thereto that they jOintly use WhICh are located In thIS easement. The costs of such maintenance and repair are to be shared.equallybetween the owners of the joint-using lots. To the extent that utlllty serVIce llnes wlthin the easement serve only one of those three lots,. the: owner (s) ~f such served lot shall have the perpetual right and duty to maIntaIn and repaIr such lines. PRIVATE DRAINAGE EASEMENTS A private. non-exclusive draInage easemen~ 2.50 feet in width is hereby declared to run parallel.to and abuttIng all InterIor lot lines of the Lots created by this plat. In addltIon, a prlvate. non-exclusive drainage easement 5.00 feet in width IS hereby declared to run parallel with and abutting all rear lot lines of the Lots created by thls plat. Further, a private. non-exclusive drainage easement 10.00 feet In WIdth lS hereby declared to run parallel with and abutting all publIC street rIght-of-way frontages of all of the Lots lying within this plat All of these easements include the right to enter upon the easement areas at ail tImes for. the stated purposes of these easements, which include (a) the Installatlon. use. maintenance and repair of private storm drain (s) and appurtenances thereto and (b) the installation. use. maintenance and repaIr of draInage swales. In the event that any of the lot lines of the Lots created by thIS plat are later adJusted after the recording of this plat. the corresponding abuttIng prIvate draInage easement (s) created by this section shall automatically be deemed to move with the adjusted lot line (s) . These private drainage easements shall be for the benefit of (a) all of the Lots set forth on this plat and (b) the Elmhurst Homeowners Assoclatlon Unless otherwise specifically set forth on thlS plat. the owner (s) of each Lot served In.common by private storm drain (s) and appurtenances thereto lying within a prIvate draInage easement shall be equally responsible for the maintenance repair. and/or reconstruction of the storm drain (s) and appurtenances ther~to lylng wlthIn these easements; provided. however. that no owner (s) shall be responsIble for such malntenance. repair, and/or reconstruction of that portion of storm draIn (s) used In common to the extent that such storm drain (s) are located upstream from the point of drainage connection of that respective owner's Lot. Unless otherwise provided for on this plat. the owner (s) of any Lot that has segment (s) of dralnage swa1e (s) within these easements crossing the Lot shall be responsIble for the maintenance of such drainage swale segments on the Lot. PUBLIC SIDEWALK EASEMENT A no~-ex~lusive easement for construction. maintenance. repair and use of publIC s~dewalks is hereby reserved for and conveyed to the City of Renton and the CIty s successors and assigns over. along and across the portions of all Lots wIthln thlS plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rlghts-of-way dedIcated by thIS plat. (The areas subject to this easement are tYPIcally depIcted on Sheet 2 of 5 as "10 UDSE".) INDEX DATA: NW-NW 15, T23N, R5E, WM ~ Centre 33701 9th Avenue South ~ Federal Way, WA. 98003 LUA-05-090-FP LND-l0-0427 _~_ Pointe (253) 661-1901 ~ Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1. 2005 JOB NAME: FINAL PLAT SCALE: 1 " = 500' JOB NO.: 2257 SURVEY FOR: MJF Holdings. Inc. 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 4 OF 5 I VOLUME/PAGE ££UHIJRSr A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, Kil~g County, Township 23 N., Range 5 E., W. M. Washington FRANCHISE UTILITY EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to (1) PUGET SOUND ENERGY COMPANY. INC .. a washington corporation (a purveyor of electric power and natural gas). QWEST COMMUNICATIONS CORPORATION. a Washington corporation (a purveyor of telephone and Internet communication services). and COMCAST OF WASHINGTON IV. a Washington corporation (a purveyor of cable television and Internet communication services). and thelr respective successors and assigns and (2) any and all other utility purveyors providing utility services in the area of the subject property from time-to-time. wi th such easement extending along. across. under and upon: (a) The portions of all Lots within the plat lying within ten (10) feet of the existing Bremerton Avenue NE street right-of-way depicted on this plat and within ten (10) feet of all of the publiC street rights-of-way dedicated by this plat (those easement areas typically being depicted as "10 UDSE" on Sheet 2 of 5); (b) The portion of Tract A within the plat lying within ten (10) feet of the public street right-of-way dedicated by this plat (that easement area being depicted as "10' UE" on Sheet 2); (c) The portion of Lot 13 depicted on Sheet 2 of 5 as "20' Private AUE to Lot 14"; and (d) The portions of Lots 12 and 13 depicted on Sheet 2 of 5 as "5' UE". This easement authorizes the construction, operation. maintenance. repair, replacement. and enlargement of underground pipes. condui ts. cables and wires with all necessary or convenient underground or ground-mounted appurtenances thereto (except ground-mounted appurtenances shall be prohibited in driveway and sidewalk areas) for the purpose of serving the subdivision and other property with electriC, gas. telephone. television cable. other communication cable (s) anlj other utility services. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. No lines or wires for the transmission of electriC current. or for telephone use, cable televiSion. fire or police signals. or for other purposes. shall be placed upon any Lot unless the same shall be underground. ground-mounted. or in conduit attached to .l building. Luminaires and appurtenances thereto for street lighting are also authorized by this easement in areas where they will not conflict with driveways and sidewalks. In addition. a non-exclusive clearance easement is hereby reserved for and conveyelj to PUGET SOUND ENERGY COMPANY. INC., a Washington corporation. and its successl)rs and assigns along. across. under and upon both (a) the one-foot wide and six-foot long strip of land in Lot 4 depicted on Sheet 2 of this plat as a "CE" anlj (b) the one-foot wide and Six-foot long strip of land in Lot 45 depicted on Sheet 2 of this plat as a "CE". (Those strips abut the 10-foot wide utility easement along the public street side of the respective lots.) Each of these clearanl:e easements is to provide clearance to an electr ical transfol'mer installed within the 10-foot wide utility easement along the public street ',ide of Lots 4 and 45. CITY OF RENTON SEWER AND WATER EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City'S successors and assigns along. across. under and upon the portions of all Lots within the plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rights-of-way dedicated by this plat (except the publiC. street right-of-way fronting Tract A) (The areas subject to this easement are typically depicted on Sheet 2 of 5 as "10 UDSE".) This easement authorizes the construction. operation. malntenance. repair. replacement. and enlargement of underground sewer and water mains. services and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and Tracts with sewer and water service. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. CITY OF RENTON STORM DRAINAGE EASEMENT A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across, under and upon the northwest portion of Lot 56 that is depicted on Sheet 2 as a "Storm Drainage Easement". This easement authorizes the construction, operation. maintenance. repair. replacement. and enlargement of an underground storm drain and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of conveying storm water, together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. ADDITIONAL RESTRICTIONS The property that is the subject of this plat (or portions thereof) is (or may be) subject to the following matters: 1. RESERVATIONS AND EXCEPTIONS. INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20. 1900 RECORDING NO.: 192430 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E. (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RECORDED APRIL 3. 1962 UNDER RECORDING NO. 5407391. 3. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE L. L. C.. A WASHINGTON LIMITED LIABILITY COMPANy RECORDED: SEPTEMBER B. 2004 RECORDING NUMBER: 2004090B000083 City of Renton Sewer Easement Provisions A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across, under and upon the west five (5) feet of Lot 5 and the east five (5) feet of Lot 6. (The areas subject to this easement are depicted on Sheet 2 of 5 as "SE".) This easement authorizes the construction, operation. maintenance. repair. replacement. and enlargement of an underground sewer water main. services and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and Off site properties with sewer service. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. COVENANT REGARDING CONVEYANCE OF EASEMENTS The owner of the land embraced within this plat. in conSideration of the benefit to accrue from the subdlvision, by signing hereon covenants and agrees to convey the beneficial and servient interests in the easements created by this plat to any and all future purchasers of the Lots, or of any subdivision thereof. This covenant shall run with the land that is encompassed by this plat. Areas (+/-10 square feet) Lot 1 4610 SQ FT Lot 35 3710 SQ FT Lot 2 3BOO SQ FT Lot 36 3550 SQ FT Lot 3 3800 SQ FT Lot 37 3410 SQ FT Lot 4 3BOO SQ FT Lot 38 3390 SQ FT Lot 5 3990 SQ FT Lot 39 4680 SQ FT Lot 6 3990 SQ FT Lot 40 4680 SQ FT Lot 7 3800 SQ FT Lot 41 4070 SQ FT Lot B 3330 SQ FT Lot 42 4220 SQ FT Lot 9 3330 SQ FT Lot 43 4830 SQ FT Lot 10 3330 SQ FT Lot 44 4B30 SQ FT Lot 11 4760 SQ FT Lot 45 3500 SQ FT Lot 12 5250 SQ FT Lot 46 3520 SQ FT Lot 13 6010 SQ FT Lot 47 3600 SQ FT Lot 14 5420 SQ FT Lot 48 3730 SQ FT Lot 15 4930 SQ FT Lot 49 5400 SQ FT Lot 16 3B30 SQ FT Lot 50 3560 SQ FT Lot 17 3850 SQ FT Lot 51 3840 SQ FT Lot 18 3820 SQ FT Lot 52 5060 SQ FT Lot 19 3910 SQ FT Lot 53 5360 SQ FT Lot 20 3980 SQ FT Lot 54 5980 SQ FT Lot 21 4860 SQ FT Lot 55 5040 SQ FT Lot 22 5130 SQ FT Lot 56 4610 SQ FT Lot 23 4860 SQ FT Lot 57 3800 SQ FT Lot 24 4750 SQ FT Lot 58 4750 SQ FT Lot 25 4750 SQ FT Lot 59 3800 SQ FT Lot 26 4750 SQ FT Lot 60 4620 SQ FT Lot 27 4750 SQ FT Lot 61 4180 SQ FT Lot 28 4750 SQ FT Lot 62 4230 SQ FT Lot 29 4780 SQ FT Lot 63 4890 SQ FT Lot 30 4690 SQ FT Lot 64 5820 SQ FT Lot 31 3B40 SQ FT Tract A 32920 SQ FT Lot 32 3850 SQ FT Tract 8 32630 SQ FT Lot 33 3B50 SQ FT Road R/W 74320 SQ FT Lot 34 4600 SQ FT Overa 11 417290 SQ FT ~ Centre 33701 9th Avenue South • Federal Way, WA. 98003 INDEX DATA: NW-NW 15, T23N, R5E, WM LUA-05-090-FP LND-10-0427 P · t (253) 661-1901 ---orne t Surveying DRAWN BY: 5 Woods CHECKED BY: S Woods DATE December 1. 2005 JOB NAME: FINAL PLAT SCALE: 1" = 500' JOB NO.: 2257 SURVEY FOR MJF Holdings. Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 5 OF 5 WHEN RECORDED RETURN TO Office I)i the City Clerk Rent':>Tl City Hall 1 09:; f,Quth Grady Way r .. ,t00 \1\11:. QB05!5 J 005 (22.-1 oooL( VOLU E/PAGE fLU-HORST 232 oz8 A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, Township 23 N., King County, Range 5 E., W. M. Washington DEDICATION: Know all people by these presents that M. J. F. Holdings, Inc., a Washington corporation ("Dedicator"), the owner of a fee simple interest in the land hereby subdivided, hereby declares this plat to be the graphic representation of the subdivision made hereby and does hereby dedicate to the use of the public forever all streets and avenues not Shown as private hereon and dedicate the use thereof for all public purposes not inconsistent with the use thereof for public highway purposes, and also the right to make all necessary slopes for cuts and fills upon the lots shown thereon in the original reasonable grading of said streets and avenues. Dedicator further dedicates the easements and tracts depicted and described on this plat to the persons and entities identified and for the purposes stated. Further, the Dedicator hereby waives for itself and its heirs, successors and assigns and any persons or entities deriving title from the Dedicator, any and all claims for damages against the City of Renton and its successors and assigns that may be occasioned by the establishment, construction or maintenance of roads and/or drainage systems within this subdivision other than claims resulting from inadequate maintenance by the City of Renton. Further, the Dedicator hereby agrees for itself and its heirs, successors and assigns to indemnify and hold the City of Renton and its successors and assigns harmless from any damage, including any costs of defense, claimed by persons within or without this subdivision to have been caused by alterations of the ground surface, vegetat ion, dra inage, or sur face or sub-sur f ace water fl ows within the subdiviSion or by establishment, construction or maintenance of the roads within this subdivision; provided, however, that this waiver and indemnification shall not be construed as releasing the City of Renton, its successors or assigns, from liability for damages, including the cost of defense. resulting in whole or in part from the negligence of the City of Renton, its successors or assigns. This subdivision, dedication, waiver of claims and agreement to hold harmless is made with the free consent and in accordance with the desire of said owner. DEDICATOR: M.J.F. HOldings, Inc., a Washington corporation By: ~W8 ·1~.I.A--. /L · MIchael J. Feuerborn, Presid'ent EXCHANGE COUNSEL, INC., a Washington corporation, the holder of a deed of trust beneficiary's interest in the land hereby subdivided (King County Recording No. 20050707001746). hereby consents to the above-stated Dedication and this plat. EXCHANGE COUNSEL. INC.. a Wash ington corporat ion By 7l1tvJL c. ~ Mark E. Hodges. Pres i d ACKNOWLEDGEMENTS: STATE OF WASHINGTON.) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MICHAEL J. FEUERBORN is the person who appeared before me and acknowledged that he signed the instrument. on oath stated that he was authorized to execute the instrument and acknowledged it as President of M. J. F. HOLDINGS. INC .. a Washington corporation, to be the fr'ee and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Sign Name ~~ __________ ~Notary Public ______________ _ Ti tle Q~T~G6B 49 200& STATE OF WASHINGTON.) ) 5S. COUNTY OF KING ) Notary Pubtic State of Washington ALFRED E LARSON MY COMMISSION EXPIRES OCTOBeR 29, 2008 I certify that I know or have satisfactory evidence that MARK E. HODGES is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as President of EXCHANGE COUNSEL. INC .. a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: 5 ~~ __________ ~Notary PubliC ______________ _ Tit Ie NoVeM bo: 15'~ ;z.OOI!, My Appointment Expires } ! :QTARY PUBLIC ::':,-n(E OF WASHINGTON I; .. CHELE J. ROBERTS My Appointment Expires NOi. 15, 2006 APPROVALS: CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the city, and that all special assessments on any property herein contained dedicated as streets, alleys, or for aln other public ~ have been dul..Y paid, s tisfi r discharged, this f\~ day of 'Dre,..; , 20oJi:" CITY OF RENTON PLANNING / BUILDING / PUBUC WORKS Examined and approved this Iq rH day of PEc./E.A1f6t:tJ.., 200..5 ~fa~~ Admini t ato CITY OF RENTON MAYOR Examined and approved this :<O-JJ.{ day of Pecemher CITY OF RENTON ~ Examined and approved this~ day of J2~0¥1~, 200ji. City Clerk KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved this 21ft day of [)euit1kel" , 200> xPit /0h(e ;;:J-;,Lla~!A./~j)Ii~~p~:---_ King County Assessor ~ ~ing ~nty Assessor Account Numbers 5/2.210-6>0<..( l\ +619 i) b +~o 51 KING COUNTY FINANCE DIVISION CERTIFICATE I hereby certify that all property taxes are paid; that there are no de:inquent special asse~sments certified to this office for collection; and that all special assessments certified to this office for collection on any of the property herein contained. dedicated as streets. alleys. or for any other public use. are paid in full. this.2ls±day of .j)..Q..u.lM.I".U'. 200.s::- ;ti"V\1tv!'M e~i\ 0ardt.-r Manager Finance Division RECORDER'S Filed for record at the reque:st of the City of Renton this- z..{ day of 't?etelM'wLc.200$, a-t -'SS= minutes past ID , and recorded in Volume Z.302. of Plats, pages -z..e-u . records of King County, Washington. Division of Records and Elections Manager LAND / SURVEYOR'S CERTIFICATE: I hereby certify that this plat of Elmhurst is based on an actual survey done by me or under my direct supervision; that the bearings and distances are shown correctly; that the perimeter monuments have been set and that all other monuments and lot corners have been set or bonded with the city and will be set prior to the release of the bond; that I have fully complied with all State and City regulations governing platting and that the plat conforms to the approved preliminary Pl~at and the cond tions of approval thereof. _ 1~"IUr THE OWNER/DEVELOPER, SHALL DEFEND. INDEMNIFY AND HOLD THE CITY OF RENTON. ITS OFFICERS. OFFICIALS. EMPLOYEES AND VOLUNTEERS HARMLESS FROM ANY AND ALL CLAIM. INJURIES, OAMAGES. LOSSES OR SUITS INCLUDING ATTORNEY FEES. ARISING OUT OF OR IN CONNECTION WITH THE COMPLETION OF AlL REGUIRED PUBLIC FACILITY IMPROVEIitENTS FOR THIS PLAT. THE CITY'S FINANCIAL OBLIGATION TO CONSTRUCT ANY DEFAULT PRIVATE UTILITY FACILITIES AND PUBLIC INFRASTRUCTURE FOR STREETS. WATER UTILITY. SANITARY SEWER UTILITY. OR STORM WATER UTILITY SYSTEM IS LIMITED TO THE FACE VALUE OF THE BOND THE OWNER/DEVELOPER HAS POSTED IN LIEU OF THE REQUIRED PUBLIC IMPROVEMENT. THE CITY RESERVES ITS UNILATERAL RIGHT TO ESTABLISH THE SCHEDULE FOR CONSTRUCTION OF DEFAULTED PLAT INfRASTRUCTURES. THIS STATEMENT IS LEGALLY BINDING UPON THE HEIRS. AND/OR ASSIGNS OF THE OWNER/DEVELOPER, SUBSEQUENT PROPERTY OWNERS AND THEIR HEIRS AND/OR ASSIGNS. t Centre 33701 9th Avenue South ~ Federal Way, WA. 98003 INDEX DATA; NW-NW 15, T23N, R5E, WM LUA-05-090-FP LND-l0-0427 _~..... Pointe (253) 661-1901 ~ Surveying DRAB BY: S Woods ClfECKED BY: S Woo d s DATE: December 1. 2005 JOB NAllE: FINAL PLAT SCALE: NA JOB NO.: 2257 SURVEY FOR: MJF Holdings, Inc. 213 East Meeker Kent, WA 98032 KING COUNTY, WASHINGTON SHEET 1 OF 5 LINE C1 C2 C3 C4 C5 C6 C7 CB C9 Cl0 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 VVHEN RECORDED RETURN TO: l lffiee of the City Clerk "'anton City Hall 1055 South Grady Way I i,Jnton, WA Q80ClI5 .£LHHURsr VOLU~E/PAGE A portion of the NW 1/4 of the City of Renton, NW 1/4 of Section 15, King County, SS9"OS'05"E 647.66' Township 23 N., Range 5 E., W, M. Washington o o z ~?7. 29' I 25' '-QJ "- "- :;) CD E ro QJ '-+' (f) 1O ru ...J Q) ru ...J I' ru ...J 1'1 ru ....J 46.27' ru o ru T1 .... 14 : 143001 ICl 1'1 .... , 19.4 . 49.89' S89"46'25"E 16 12651 S89'46'25"E 17 12591 50.00' 13 143061 95.55' 96.17 ' 10 I~ I"" 10 I~ o I"" ru S89'46'25"E ru 95.80 10 I~ ...J 18 12531 I"" S8Q'46'25"E 19 12331 S89'46'25"E 98.98' 20 12271 SS9'46'25"E 101.3S· 21 [gill 3: , OJ ICl 1'1 .... 50.01 ' CD 1'1 1O Q) 50.00' ICl o ICl OJ 12 ~ 11 : 1'1 143181 ~ 143121 .... 552 "25' 46"E 0 .22' ~ 36.53' o o z 35,01 ' ru o ICl OJ o o z 35.01' Storm ' 35,01 . 35.01 . Drainage n; asement N,E, ru o ICl OJ 3: , 35,01 . 622.66' 40.00' ru o ICl OJ . ru o ICl OJ 8 : 7 : ~ 143361 ICl 144021 ~ (r, ~ .... .... " , o 0 0 o 0 0 ~ __ z ___ z 35,01' 40.00' 2ND CT. 6 1 42.01·ru 1 ~ i ~ 1 1 5 ~ 1 ir. 1 144141 T1 1 S89'08'05"E 461.01' 40.01' ru o ICl OJ 3: 4 OJ ICl 144201 ir. .... , 40.01' ru o ICl OJ o o z 40.01 ' 40.01' ru o ICl OJ OJ ICl 50. 01 ' I ir. 25:'"00' I~ liB I~ OJ 144361 1 ~ 1 '" I ~, 1'1 ~~ 25' :-'~;. )0 g 'S(o v' .i}., ~ z _ \P~::/ 24.53' Ci'3 ~ 10' UDSE .... OJ DETAIL " A" 1'x 6'CE 3: (I:LEARANCE 5 m E~SEMENT) ~ 6¥ 4 ___ (T) """,,------.... . 00 .... ..... 0 ru !D' ----------+M~----~ 198.54' 224.97' I I I I z SB9"08'0'S"E 21' I 21' I' ru w , !D I~ 1'1 .... " o o z .57' 40.00' o 10 OJ 57 ~ 1'1 50.00' ----;:r o 10 OJ W 58 ~ 1'1 143291 :-' O'UDSE o ICl OJ W 59 ~ 143351 ~ 2~~·. --. C'~ 60 144031 V" I I I 10, I: I' o o o ru .... :-' ai37. 51 . O'UDSE 0"-,-+---~~~~--~~------------~~L~ 71. 99' ru T------t:r IS' 42 ~\. 12671 ,~$ 1 ~ cf 10 25' 1 S89 'OS' 05" E 93.52' ~I 40 S89"OS'05"E 96.52' g 0 II' Z ~ o o z o o z , 01 12581 10 1 43 []ill __ -r-_~~~-;-;:;;;4~0-;:-. 0:...:0:-::·.~::..:..:..~.--... ....:4.:.0.:..:. 0:.::0:....·--4~-::.5.::..:0 . 40.1 T S89' S'05H E 12 .37' 89'OS'OS"E 104.0~· OJ 10 1'1 .... S89'OS'05"E 93.52' 1'1 SS9'08'05"E . 1 ~I ~I 55 12541 SS9'OS'05HE 125.62' 54 12321 SS9'OS'OS"E 121.68' .... 0 ~ 0 o "" o o W !D 1'1 61 []ill S89'08'05"E 62 12351 S89'OS'05"E 64 12231 I~ I~ I~ 105.12'1. I~ I~ ::,1 o z ~I ~ 0 0 0'1 39 0 ~ 44. I· ~ !DI 12521 ~ ~ I~ ~ I I~ 0 S89'OS'05"E 93.52' S89'08'05"E 96.52.110 , ~ ~ 3: , ~ I 38 See Detail B ~ ~ I 1 236 1 l\3 Th i4S s5heet I'll ~ l' 6' , S89'08'05"E 93.53' I 2371cEX In :rio ~. ;U S89'08'05"E ~ i:o~ ~ ~ 46 ~ flg 230 m ~ ,!!; ~<;IJ 589 'OB'05"E 95.79'1'1 i []ill II 0:: /~~.""! 36 ~:S89'OS'05"E ~ : / I 226 1 ffl ; 4. ? ru S89'OS'05 H E 100.15'..... ~ S89"OS'05"E 97.68' I ~ 1m 11'1 ~ 0/ 35 " "1::1 ('I) c ('1)/ 12221 ~ 48 []ill '~ S89"08'05"E 104,73' t::l /40.00 ' 40.00' 40. 00 . ~ / .... 1'1 & ;,,/ : : ~0~4~ 33~ 2; / ~ ICl 144161!D I ::r ::r o 0 (1\ 0 0 ~'----=----= 32 144221 29. 20 ' 40 . 00 . SS9'OS'05"E 40.00' CD o to OJ W , .... ru TRACT A N_, E_, _2_N[J LN'274.64· SS9 '14' 38'~ -=-30-=-S-.-3-2-·-----..... I I 1/16th I Line. ~f5 DETAIL "E" I~ 1 45 1 10' ~I 6'CE I (CLEARANCE --,\ ! EASEMENT) -.JI . 1-1' 589 "OS' 05"1;: 46 Storm Water Detention I Water Quality Pond ru ARC DELTA RADIUS 15.95' 4"03'45" 225.00' 1.65' 3"47'02" 25.00' LINE BEARING DISTANCE 27.06' 62"01'24" 25.00' L1 N03"14'01"E B.B9· 0.52' 0"09'06" 196.00' L2 N79"27'24"W 60.33' 50.58' 14 "47' 06" 196.00' L3 N79 "09' 12"W 32.66' 181.66' 53 '06' 16" 196.00' L4 N82'09'26"W 25.82' 24.63' 8"15'10" 171.00 . L5 N56"09'40"W 30,42' 39.33' 13 "10' 36" 171.00 ' L6 N39 '52' 10 "W 25.26' 33.63' 28"45'37" 67.00' L7 N48 "58 ' 19" W 21. 28' 20.0S' 17"10'03" 67.00' LS N29'17'44"W 24.S5· 38.74' 33"07'48" 67.00' L9 N15'28'25"W 31. 95' 13.54' 11 "34' 52" 67.00' L10 N1S"44'43"W 41. 02' 13.57' 31"05'55" 25.00' L11 N14"15'5S"W 15.53' 26. IS' 60'00'00" 25.00' L12 S14"15'58"E 14.56' 12.61' 28'54'05" 25.00' L13 N07'06'36"W 37,03' 26.1S· 60"00'00" 25.00' L14 S05'22'27"E 3.48' 39.75' 91'05'55" 25.00' L15 N05"22'27"W 51.23' 36.39' 9 "26' 07" 221. 00' L16 S15"40'24"E S.99· 9.78' 2"32'05" 221.00' L17 N15"40'24"W 41.59' 44.36' 101'39'32" 25.00' L18 S15'40'24"E 6.49' 39.70' 90 "59' 21" 25.00' L19 NOO"22'58"W 27.43' 37.73' 86"27'41" 25.00' L20 S03"56'41"W 6.34' 39.51 . 12'3S'53" 179.00' L21 N03 "56' 41"E 17.53' 38.79' 88'54'05" 25.00' L22 NOl '4S' 37"W 22.52' 39.55' 90'38'20" 25.00' L23 N01 '48' 37"W 23.66' 2B.73· 12"45'38" 129.00' L24 SOl "52' 41"W 16.36' 19.52' 8"40'08" 129.00' L25 NO 1 "52 . 41 .. E 21.34' 21. 97' 8'10'32" 154.00' L26 SOO'13'35"W 18.67' 45.54' 16"56'42" 154.00' L27 NOO"18'00"E 52.07' 35.08' 13"03'00" 154.00' L2S NOO"04'OQ"E 24.39' 58.46' 21 '45'00" 154.00' L29 N02'02'50"E S7.63· 19.22' 36'42'19" 30.00' 2.62' 0"40'42" 221. 00' 50.00' 50.00' LEGEND: ~ • Monument found as noted. Visited Sept. 15, 2004. Set #4 rebar with yellow plastiC cap stamped " 2233S/38965". ~ -Set "X" in brass disk In 4" x 4" concrete post in monument case. (R) = Radial bearing ~ = Address number UDSE Utility, Drainage and Sidewalk Easements. AUE • Private Access and UtilIty Easement to Lot 14. UE = Utility Easement. SE Sanitary Sewer Easement. CE l' by 6' Clearance Easement. ~ Centre 33701 9th Avenue South 8) Federal Way, WA. 98003 PO · t (253) 661-1901 ~ --IDe t Surveying DRAWN BY: S Woods CHECKED BY: S WOO d s DATE: December 12, 2005 JOB NAYE: FINAL PLAT SCALE: 1" == 50' JOB NO.: 2257 I K 50.00' o o <!l OJ 22.66' 'C) fI r~' I I \,Iv I o 50 100 I~~_!--·I SCALE: 1" 50' LU A-05--090--FP LND-l0-0427 INDEX DATA: \ EXPIRES 5-23-200 7 NW-NW 15, T23N, R5E, WM SURVEY FOR: MJF Holdings, Inc. 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 2 OF 5 Wi'll:", RECORDED RETURN TO: Qffic,,\ of the City Clerk Rent'm City Hall 1055 South Grady Way Rt:'nt. 'no Wl\ !lfI055 A portion of the City of Renton, Basis of Bearing: NW 1/4 of the True North. Based upon Global Positioning System (GPS) Lambert Grid Washington State North Zone coordinates. A convergence angle of 00"58'30.28" counterclockwise was applied at a punch mark in 3" King County surface brass disc, at the street intersection of NE 4th St. and 14Bth Ave. SE, mark ing the Northeast corner of Sect ion 15, Township 23 North, Range 5 East of the Willamette Meridian. The North American Datum of 1983/1991 (NAD 83/91) grid coordinates were found to be 180903.998 / 1316622.321 at that pOint. The inverse of both the sea level correction factor of 0.999981824 and the grid scale factor of 1.000002187 was applied to the grid coordinates for shown ground distances. Renton Control Monuments: Base #1: CITY OF RENrON CONTROL POINT #1503 Found coppel' na i 1 in concrete post, incased, at the intersection of Union Avenue Northeast & Northeast 4th Street. Elevation 401.02 feet Northing 181067.883 Easting: 1311396.675 Base #2: CITY OF RENrON CONTROL POINT #478 Found coppel' nail in concrete post, incased, at the intersection of Union Avenue Northeast & Southeast 2nd Place. Elevation 391.02 feet Northing: 178418.364 Easting: 1311352.404 Legal Description: PARCEL A: THE SOUTH 1111 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH ~ (IF THE SOUTHEAST Y.t OF THE NORTHWEST Y.t OF THE NORTHWEST ~ (IF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE SOUTH ~ OF THE SOUTHEAST Y.t OF THE NORTHWEST Y.t OF THE NORTHWEST Y.t OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COpy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTy); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH ~ OF THE SOUTHEAST Y.t OF THE NORTHWEST Y.t OF THE NORTHWEST ~ OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE ABUTTING PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COpy OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. -- !'.IF 6TH ST NE 5TH ST NE 4TH ST w z \ w r---....... ~ Ul w ~ > < ...J ...J < > ::l o UJ Z > z SITE 0 <---1 Q > ~:J: 1--1-i 1 I ~ ~-f---' H / co ~ -,-I Rr---l,-!) - J 11\ VICINITY MAP 1" =1/4 Mile w z -~ ::E < ----I .... ::l " o :J: w Ul r----j~ --- 3E ~36TH ST r- '-- < :J: f--... ... - VOLUMIC/PAGE fLU-HURST z'Sz.. 030 NW 1/4 of Section 15, King County, Township 23 N. , Range 5 E., W. M. Washington Northwest corner of Section 1!i, TownShip 23N, Rangl~ 5E, W. M. Found copper nail in concrete post, incased. City of Rp.nton #1503. 9 1~ 16~646.44-'--S89'01'30"E 2585.77' 10 (T) CJ) CJ) ... ID (\J 3: , ... o ... ? o o z co ... (\J ID ID I CD ... (\J ID ID (T) If) (\J (\J (T) ... 647.66' S89'OB'05"E~ ... (T) I"- ? 0 0 Z 648.89' I I~ I ID u:l 646.404' 647.66' 1295.33' 648.89' o (\J o ... ID (\J S89'14'38"E 2595.55' West 1/4 corner of Section 15, Township 23N. Range 5E, W. M. Found copper nail in concrete post, incased. o ... o (\J (T) ..., 3: -OJ If) (T) .., . o o z 1292.89' 1297.77' ~ -1-~North 1/4 corner of Sect ion 15, Townsh i IJ 23N. Range 5E, W.M. Found 2" brass disc with "X". If) (\J If) ... (T) ... If) (\J If) ... (T) .,., 0 If) 0 (T) ID (\J 3: 0 0 I' ru 0 0 z 0 I I oK 400 I 800 :J 16 _ /Cit y of Ren:::2 .::78 ~ S89'27'41"E 2605.36' SCALE: 1" 400' 1302.68' CONTROL SKETCH Surveyor's Notes: 1) The monument control shown for this site was accomplished by field traverse utilizing a one (1) second theodolite with integral electronic distance measuring meter (Geodimeter 600) and Real Time Kinematic (RTK) / StatiC Global Positioning System (GPS). Linear and angular closure of the traverses meet the standards of WAC 332-130-090. 2) Full reliance for legal descriptions and recorded easements have been placed on the title report from Stewart Title Guaranty Company Commitment Order No. 205115486. dated November 22, 2005. No add it lana 1 research has been at tempted. 3) Offset dimensions shown hereon are measured perpendicular to property lines. 4) The Articles of Incorporation for the Elmhurst Homeowners Association are on file with the State of Washington Secretary of State's Corporations Division Office in OlympIa, Washington. 5) There shall be NO direct vehicular access to or from Bremerton Avenue Northeast in regard to Lots 1, 29 and 30. INDEX DATA: LUA-05-090-FP LND-l0-0427 t Centre 33701 9th Avenue South • Federal Way, WA. 98003 P · t (253) 661-1901 ~ ~ orne t Surveying NW-NW 15, T23N, R5E, WM SURVEY FOR: MJF Ho ld ings, Inc. 213 East Meeker Kent, WA 98032 DRAWN BY: S Woods CHECKED BY: S Woods KING COUNTY, WASHINGTON DATE: December 1, 2005 JOB NAME: FINAL PLAT SCALE: 1" = 500' JOB NO.: 2257 SHEET 3 OF 5 WHtN RECORDED RETURN TO: Office of the City CIerI< Refllon City Hall 105!) South Grady Way Rer,t0"', ,/lit. QR055 VOLUMIi:/PAGE ££HHORsr 1 A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, Township 23 N. , Range 5 E., W. M. Kirlg County, Washington PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS See that certain "Declaration of Protective Covenants. Conditions. Easements and Restrictions of Elmhurst" recorded under King County Recording No. (the "Elmhurst CCRs") . CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION M. J. F. HOldings. Inc .. a Washington corporation. hereby conveys and quitclaims Tract A to the Elmhurst Homeowners ASSOCIatIon. a washIngton non-profit corporation. together with after-acqUIred tItle. subJect to the various easements set forth on this plat. CONVEYANCE OF TRACT B TO THE HOMEOWNERS ASSOCIATION M. J. F. HOldings. Inc .. a Washington corporation. hereby conveys and quitclaims Tract B to the Elmhurst,Homeowners ASSOCIatIon. a WashIngton non-profIt corporation. together wIth after-acqUIred tItle. subJect to the various easements set forth on this plat. TRACT A EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER IMPROVEMENTS LYING WITHIN TRACT A A non-exClusive easement for the installation. operation. maintenance. repaIr and reconstruction of a stormwater detention and water qual~ty pond. other drainage facilities. fencing and landscaping (collectlVely. DraInage Improvements ") is hereby declared over. under. along and across Tract A. This easement shall run with the land. benefiting all of the Lots wIthIn this plat and burdening Tract A. The Drainage Improvements located wIthIn Tract A Shall be owned. operated. and maintained by the Elmhurst Homeowners ASSOCiatIon until such time (if ever) the City of Renton assumes operatIon and maintenance responsibility for them. Prior to an assumption by the City of Renton of operation and/or maintenance responSibIlItIes of the Drainage Improvements located within Tract A. (a) the City of Renton shall have the right to enter Tract A to repaIr any deficiencies in such improvements in the event the Elmhurst Homeowners ASSOCiation fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton Shall be reimbursed to ~he City by the Elmhurst Homeowners ASSOCiation within 90 days of the CIty s demand. After (and to the extent of) an assumption by the City of Renton of , operation and/or maintenance responsibilities of some or all of the DraInage Improvements located within Tract A. the City of Renton shall have the rIght to enter Tract A to operate. maintain and repair the improvements at the City's cost. TRACT B EASEMENT AND MAINTENANCE OF THE DRAINAGE FACILITIES AND OTHER FEATURES LYING WITHIN TRACT B A non-exclUSive easement for the installation. operation. maintenance. repair ard reconstruction of the portion of the storm drainage diSCharge facilities in Tract B that extend downstream toward Maplewood Creek (an ephemeral stream) frcm the Drainage Improvements in Tract A is hereby declared over~ under. along and across Tract B. This easement shall run wIth the land. benefItIng all of the Lots within this plat and burdening Tract B. The Elmhurst Homeowners Association shall have the duty to maintain and repair Tract B, including without limitatlon the duty to maintain and repair w~en, needed (1) the stream channel of the portion of Maplewood Creek lYIng wlthln Tract B. (2) the storm drainage discharge facilities in Tract B that exte~d downstream toward Maplewood Creek from some of the Drainage Improvements In Tract A. (3) the fence along the east and north edges of Tract B (including the City-required stream buffer notice signage on that fence) and (4) the trees planted in conjunction with this plat within the stream buffer along the east and north sides of Maplewood Creek within Tract B. Prior to an assumption by the City of Renton of operation and/or maintenance responsibilities of the storm drainage diSCharge facilities in Tract B that extend downstream toward MapleWOOd Creek from some of the Drainage Improvements in Tract A. (a) the City of Renton Shall have the right to enter Tract B to repair any deficiencies in such facilities in the event the Elmhurst Homeowners Association fails to maintain or repair them and (b) the cost of such repairs made by the City of Renton shall be reimbursed to the City by the Elmhurst Homeowners Association within 90 days of the City'S demand. After (and to the extent of) an assumption by the City of Renton of operation and/or maintenance responSibilities of some or all of the storm drainage discharge facilities in Tract B that extend downstream toward Maplewood Creek from some of the Drainage Improvements in Tract A. the City of Renton shall have the right to enter Tract B to operate. maintain and repair the facllltles at the City's cost. CONSEQUENCES OF (1) HOMEOWNERS ASSOCIATION DISSOLUTION OR (2) FAILURE TO PAY PROPERTY TAXES FOR TRACTS A AND B In the event that the Elmhurst Homeowners Association is dissolved or otherwise fails to meet its property tax payment obligations with respect to T r act A and / 0 r T r act B for ape rio d 0 f e i g h tee n (18) mo nth s f 0 11 0 win g the d ate that property taxes are due to be paid to King County for those tract (s). then. in such event, (1) each of the Lots in this plat shall be deemed to have automatically assumed an equal and undivided ownership interest in Tract A and/or Tract B (as the case may be) and (2) the owners of the Lots shall be deemed to have automatically assumed a joint obligation to perform all of the maintenance responsibilities previously borne by the Elmhurst Homeowners Association including all of the financial responsibilities attendant thereto. FRONT YARD LANDSCAPING All Lots Shall be required to have (A) a minimum of one new, City of Renton- approved tree. with a minimum caliper at time of planting of 1-1/2 inches (if a deCiduous tree) or a minimum height at time of plantlng of 6 feet (If a conifer) and (B) Shrubs (or equivalent) planted within the front yard prlor to final buildIng permit inspection for the home on the Lot in question. Each application for a single family building permit for any Lot shall Include a plan noting the location and type of plant materlals w~thln the front yard. All front yard landscaping shall be planted prIor to fInal bUIldIng permIt inspection for the home on the Lot in question. NATIVE GROWTH PROTECTION EASEMENT Tract B is hereby declared to be a Native Growth Protection Easement ("NGPE"). subject to the easements depicted upon or otherwise speCIfIed on thIS plat. The purpose of the NGPE shall be for preserving native vegetatIon (and the trees planted in,the stream buffer along the east and north SIdes of Maplewood Creek within Tract B in conjunctlon WIth thIS plat) for the control of surface water and erosion. maintenance of slope stabIlIty, VIsual and aural buffering. and protection of plant and animal habitat. Subject to the easements depicted upon or otherwise speCIfIed on thIS plat. the NGPE prohibits all present and future owner (s) of Tract B from disturbing any trees and other vegetation within the NGPE unless ~onepursuant to express wrltten permission of the City of Renton. ThIS prohIbItIon shall be enforceable by the City of Renton. Except as provided for above. the owner(s) of,Tract,B '!lay not cut. prune. cover with fill. remove or damage the vegetatIon WIthIn ~n It. The right of entry granted herein shall apply to the agents. representatIves and employees of the owner (s) or subsequent owner (s) of the underlying property. PRIVATE ACCESS AND UTILITY EASEMENT A non-exclusive easement for ingress and egress and for construction~ maintenance. repair and use of a driveway and underground utilities and storm draIns and appurtenances thereto is hereby declared over. under. along"an~ across the portion of Lot 13 depicted on Sheet 2 of 5 of thIS plat as 20 PrIvate AUE to L~t 14." (The Legend on that sheet states "AUE = Pr i vate Access and Ut III ty Easement .) The driveway within this easement shall be for the JOInt use of ~ots 13 and 14 and any utilities and/or storm drains installed in the easement Intended for the common use of Lots 13 and 14 shall be for the joint use of those two lots. (utilities or storm drains intended for the use of,Lot, 13 only or Lot 14 only may also be installed within this easement.) ParkIng IS prohIbIted In thIS , easement. This easement shall run with the land burdenIng Lot 13 and benefItIng Lot 14. The owners of Lots 13 and 14 shall have the perpetual right and duty to maintain and repair the driveway and any jOintly used utilities and storm drains and appurtenances thereto located in this easement. The costs of such maIntenance and repair are to be shared equally between the owners of Lots 13 and 14. To the extent that utility service or storm draIn lInes and appurtenance thereto within the easement serve only one of those two lots, the owner (s) of SUCh served lot shall have the perpetual right and duty to maintain and repair such lines and appurtenances. PRIVATE UTILITY EASEMENT A non-exclUSive easement for construction. maintenance, repair and use of underground utilities and appurtenances thereto is hereby declared over. under. along and across the portion of Lots 12 and 13 depIcted on Sheet 2 of 5 of thIS plat as "5' UE". (The Legend on that sheet states "UE = Utility Easement".) Any utilities installed in the easement intended for the common use of more than one of Lots 12. 13 and 14 shall be for the Joint use of those lots. (Utilities intended for the use of Lot 12 only or Lot 13 only or Lot 14 only may also be installed within the easement.) This easement shall run with the land burdening Lots 12 and 13 and benefiting Lots 13 and 14. The owners of Lots 12. 13 and 14 shall have the perpetual right and duty to maintain and repair utilities and appurtenances thereto that they jOintly use which are located in this easement. The costs of such maIntenance and repaIr are to be shared equally between the owners of the jOint-using lots. To the extent that utility service lines within the easement serve only one of those three lots. the owner (s) of such served lot shall have the perpetual right and duty to maintain and repair such lines. PRIVATE DRAINAGE EASEMENTS A private. non-exclusive drainage easement 2.50 feet in width is hereby declared to run parallel to and abutting all interior lot lines of the Lots created by thIS plat. In addition. a private. non-exclusive drainage easement 5.00,feet in width is hereby declared to run parallel with and abuttIng all rear lot lInes of the Lots created by this plat. Further. a private. non-excll:Jsive drainage easement 10.00 feet in width is hereby declared to run parallel WIth and abuttIng all public street right-of-way frontages of all of the Lots lying within this plat. All of these easements include the right to enter upon the easement areas at all times for the stated purposes of these easements. which include (a) the installation. use. maintenance and repair of private storm drain (s) and appurtenances thereto and (b) the installation, use., maintenance and repair of drainage swales. In the event that any of the lot lInes of the Lots created by this plat are later adjusted after the recordlng of , thIS plat. the correspondIng abutting private drainage easement (s) created by thls sectIon shall automatIcally be deemed to move with the adjusted lot line (s) . These private drainage easements shall be for the benefit of, (a~ all of the Lots set forth on this plat and (b) the Elmhurst Homeowners ASSOCIatIon. Unless otherwise specifically set forth on this plat. the owner (s) of each Lot served in common by private storm drain (s) and appurtenances thereto lying within a private drainage easement shall be equally responsible for the maintenance. repair. and/or reconstruction of the storm drain (s) and appurtenances thereto lying within these easements; provided. however. that no owner (s) shall be . responsible for such maintenance, repair. and/or reconstructIon of , that portIon of storm drain (s) used in common to the extent that such storm draIn (s) are located upstream from the point of drainage connection of that respective owner's Lot. Unless otherwise provided for on this plat. the owner (s) of any Lot that has segment (s) of drainage swale (s) within these easements crossing the Lot shall be responsible for the maintenance of such drainage swale segments on the Lot. PUBLIC SIDEWALK EASEMENT A non-exclusive easement for construction. maintenance, repair and use of public sidewalks is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns over. along and across the portions of all Lots within this plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rights-of-way dedicated by this plat. (The areas subject to this easement are typically depicted on Sheet 2 of 5 as "10 UDSE".) ~ Centre 33701 9th Avenue South • Federal Way. WA. 98003 INDEX DATA: NW-NW 15, T23N, R5E, WM LUA-05-090-FP LND-IO-0427 P · t (253) 661-1901 ~ ~ Olne t Surveying DRAWN BY: S Woods CHECKED BY: S Woods DATE: December 1, 2005 JOB NAME: FINAL PLAT SCALE: 1 " = 500' JOB NO,: 2257 SURVEY FOR: MJF Holdings. Inc. 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 4 OF 5 I WHEN RECORDED RETURN TO: Offloe of the City Clerk Ranton City Hall 1055 South Grady way p",ntl"n \/\fA 98065 ££HHURsr A portion of the City of Renton, NW 1/4 of the NW 1/4 of Section 15, King County, Township 23 N., Range 5 E., W. M. Washington FRANCHISE UTILITY EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to (1) PUGET SOUND ENERGY COMPANY, INC., a Washington corporation (a purveyor of electric power and natural gas), QWEST COMMUNICATIONS CORPORATION, a Washington corporation (a purveyor of telephone and Internet communication services), and COMCAST OF WASHINGTON IV, a Washington corporation (a purveyor of cable television and Internet communication services), and their respective successors and assigns and (2) any and all other utility purveyors providing utility services in the area of the subject property from time-to-time, with such easement extending along, across. under and upon: (a) The portions of all Lots within the plat lying within ten (10) feet of the existing Bremerton Avenue NE street right-of-way depicted on this plat and within ten (10) feet of all of the public street rights-of-way dedicated by this plat (those easement areas typically being depicted as "10 UDSE" on Sheet 2 of 5); (b) The portion of Tract A within the plat lying within ten (10) feet of the publiC street right-of-way dedicated by this plat (that easement area being depicted as "10' UE" on Sheet 2); (c) The portion of Lot 13 depicted on Sheet 2 of 5 as "20' Private AUE to Lot 14"; and (d) The portions of Lots 12 and 13 depicted on Sheet 2 of 5 as "5' UE", This easement authorizes the construction. operation, maintenance. repair. replacement, and enlargement of underground pipes, conduits, cables and wires with all necessary or convenient underground or ground-mounted appurtenances thereto (except ground-mounted appurtenances shall be prohibited in driveway and Sidewalk areas) for the purpose of serving the subdiviSion and other property with electriC. gas. telephone. television cable. other communication cable (s) and other utility services. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated, No lines or wires for the transmiSSion of electriC current. or for telephone use. cable televiSion. fire or police signals, or for other purposes. shall be placed upon any Lot unless the same Shall be underground. ground-mounted. or in conduit attached to a building. Luminaires and appurtenances thereto for street lighting are also authorized by this easement in areas where they will not conflict with driveways and sidewalks. In addition. a non-exclusive clearance easement is hereby reserved for and conveyed to PUGET SOUND ENERGY COMPANY, INC., a Washington corporation. and its successors and assigns along. across. under and upon both (a) the one-foot wide and Six-foot long strip of land in Lot 4 depicted on Sheet 2 of this plat as a "CE" and (b) the one-foot wide and Six-foot long strip of land in Lot 45 depicted on Sheet 2 of this plat as a "CE". (Those strips abut the 10-foot wide utility easement along the public street side of the respective lots.) Each of these clearanCe easements is to provide clearance to an electrical transformer installed within the 10-foot wide utility easement along the public street Side of Lots 4 and 45. CITY OF RENTON SEWER AND WATER EASEMENT PROVISIONS A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along, across. under and upon the portlons of all Lots within the plat lying within ten (10) feet of both (a) the existing Bremerton Avenue NE street right-of-way depicted on this plat and (b) all public street rights-of-way dedicated by this plat (except the public. street right-of-way fronting Tract A) (The areas subject to this easement are typically depicted on Sheet 2 of 5 as "10 UDSE".) This easement authorizes the construction. operation. maintenance. repalr. replacement. and enlargement of underground sewer and water mains, services and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and Tracts with sewer and water service, together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated, CITY OF RENTON STORM DRAINAGE EASEMENT A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across. under and upon the northwest portion of Lot 56 that is depicted on Sheet 2 as a "Storm Drainage Easement", This easement authOrizes the construction, operation. maintenance, repair, replacement. and enlargement of an underground storm drain and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of conveying storm water. together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. ADDITIONAL RESTRICTIONS The property that is the subject of thIS plat (or portions thereof) is (or may be) subject to the following matters: 1. RESERVATIONS AND EXCEPTIONS. INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20. 1900 RECORDING NO.: 192430 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR 136TH AVE. S.E, (AKA BREMERTON AVENUE NE) AS GRANTED BY DEED RECORDED APRIL 3. 1962 UNDER RECORDING NO. 5407391. 3. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE CITY OF RENTON AND: LIBERTY RIDGE L. L. C.. A WASHINGTON LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 8. 2004 RECORDING NUMBER: 2004090BOOOOB3 City of Renton Sewer Easement Provisions A non-exclusive easement is hereby reserved for and conveyed to the City of Renton and the City's successors and assigns along. across. under and upon the west five (5) feet of Lot 5 and the east five (5) feet of Lot 6, (The areas subject to this easement are depicted on Sheet 2 of 5 as "SE",) Th i s easement author izes the constructi on. operat ion. ma intenance. repa ir. replacement, and enlargement of an underground sewer water main, services and all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of serving the Lots and offsite properties with sewer service, together with the right to enter upon the above-mentioned easement areas at all times for the purposes herein stated. COVENANT REGARDING CONVEYANCE OF EASEMENTS The owner of the land embraced within this plat. in consideration of the benefit to accrue from the subdivision, by signing hereon covenants and agrees to convey the beneficial and servient interests in the easements created by this plat to any and all future purchasers of the Lots. or of any subdivision thereof. This covenant shall run with the land that is encompassed by this plat. Areas (+/-10 square feet) Lot 1 4610 SQ FT Lot 35 3710 SQ FT Lot 2 3BOO SQ FT Lot 36 3550 SQ FT Lot 3 3BOO SQ FT Lot 37 3410 SQ FT Lot 4 3800 SQ FT Lot 38 3390 SQ FT Lot 5 3990 SQ FT Lot 39 4680 SQ FT Lot 6 3990 SQ FT Lot 40 4680 SQ FT Lot 7 3800 SQ FT Lot 41 4070 SQ FT Lot 8 3330 SQ FT Lot 42 4220 SQ FT Lot 9 3330 SQ FT Lot 43 4830 SQ FT Lot 10 3330 SQ FT Lot 44 4830 SQ FT Lot 1 1 4760 SQ FT Lot 45 3500 SQ FT Lot 12 5250 SQ FT Lot 46 3520 SQ FT Lot 13 6010 SQ FT Lot 47 3600 SQ FT Lot 14 5420 SQ FT Lot 48 3730 SQ FT Lot 15 4930 SQ FT Lot 49 5400 SQ FT Lot 16 3830 SQ FT Lot 50 3560 SQ FT Lot 17 3850 SQ FT Lot 51 3840 SQ FT Lot 18 3820 SQ FT Lot 52 5060 SQ FT Lot 19 3910 SQ FT Lot 53 5360 SQ FT Lot 20 3980 SQ FT Lot 54 5980 SQ FT Lot 21 4860 SQ FT Lot 55 5040 SQ FT Lot 22 5130 SQ FT Lot 56 4610 SQ FT Lot 23 4860 SQ FT Lot 57 3800 SQ FT Lot 24 4750 SQ FT Lot 58 4750 SQ FT Lot 25 4750 SQ FT Lot 59 3800 SQ FT Lot 26 4750 SQ FT Lot 60 4620 SQ FT Lot 27 4750 SQ FT Lot 61 4180 SQ FT Lot 28 4750 SQ FT Lot 62 4230 SQ FT ..... Lot 29 4780 SQ FT Lot 63 4890 SQ FT Lot 30 4690 SQ FT Lot 64 5820 SQ FT , Lot 31 3840 SQ FT Tract A 32920 SQ FT Lot 32 3850 SQ FT Tract 8 32630 SQ FT Lot 33 3850 SQ FT Road R/W 74320 SQ FT Lot 34 4600 SQ FT Overall 417290 SQ FT • , '" ~ I . \. J, t Centre 33701 9th Avenue South • Federal Way, WA. 98003 INDEX DATA: NW-NW 15, T23N, R5E, WM LV A-05-090-FP LND-10-0427 d~ J-i .,.,.; I~, Y~~38965 <::. <"6'IS1t.~\. I( L-~~ EXPIRES 5-23-2007 P · t (253) 661-1901 ~ ~ jOme t Surveying DRAWN BY: S Woods CHECKED BY: 5 Wo 0 d s DATE: December 1. 2005 JOB NAME: FINAL PLAT SCALE: 1" = 500' JOB NO.: 2257 SURVEY FOR: MJF Ho Id ings. Inc, 213 East Meeker Kent. WA 98032 KING COUNTY, WASHINGTON SHEET 5 OF 5 , ' i, r \ , , " / I I ! ! -I / / / ,;.-n,.... ,/,IcC.E~~ /;-&ee , " o " , /' I \ \ I I I \ i o ( f 1 f , I 1 I I I I I I \ I \ I \ I \ \ \ \ I i \ I i I iii J \ I I I i 'I 1 51 .'T'Y'C:> I f I 1 I I I \ I I II \ I i I I \ I I I I \ I ! I I I II I I I II IU I I I I III cr l W I LL I I, -L - ---II ~ -I~~ I I I I LL ~'--';"--'_ =:J I I is I- I \ 0 I I CD I 12 \ ' 5PLI~ RAIL 1-\\ l- ~ C.ED R FENC. \ ~ 1;:5 I cr I If- 1" see st'!ee -~: I ' I \ I I ~ 11 \ I I I ' I I - IN L =:J yn I ',' I I I I I II I I I I I I I I I I I II I I I I I I I I I \ -l~ 11+ 4--__ ,--:-1 ~, , ~ -i Ilf C\------+--- --t -1-T 51 T"T'F, i \ \ i I \ \ I \ \ \ I I \ I I I , I i \ '- 'I '-----I --- - --I I I \ \ f-!-'----;I-"-.---- \ -~~ - I~ I-i-\--- I \ I \ \ l/[ll \ \\ I-Q,)-\ '-. I ): '£ '-. I}: '\ "- II I \ I I I \ I ' r-------\------ -, I '-. --!.--\-1-~~ '-. - - - '-. SPLIT RAIL see- '-.--- \ \ I I I I --I I J matc.h line (see above) Native Growth Protection Area Sign, typ, 'Sign to face west towards the stream buffer 'See Type 1 Sign / Civil Drawings-Grading Details & Notes 'Spacing shall be centered on west property line of each lot and as shown along detention pond fencing. PLANT LEGEND Symbol + Botanical Name Common Name Pinus sylvestris 'Fastigiata' Columnar Scotch Pine Pinus nigra Austrian Black Pine all. Thuja plicatalWestern Red Cedar Calocedrus decurrens Incense Cedar all. Pseudotsuga menziesii/Douglas Fir Cedrus deodara -"------~~- Deodar Cedar Gleditsia triacanthos ' Irnpcole' Imperial Honeylocust ail. Acer macrophylla/Bigleaf Maple Acer buergeranum Trident Maple Arbutus unedo 'Compacta' Compact Strawberry Madrone Cistus purpureus Orchid Rockrose --~~ Potentilla fruiticosa 'Sutter's Gold' Sutter's Gold Cinquefoil Quantity -~--~---- Size/Spacing 27 5-6' @ 5'-0" oc or as shown 19 3-4' @ 15'-0" oc 20 3-4' @ 15'-0" oc 8 ~~~~~-------3-4' @ 20'-0" oc or as shown 18 1 1/4" branched @ 15'-0" oc 12 1 1/2" branched @ 30'-0" oc " or as shown 30 18-24" @4'-0"oc 45 1 gal. @ 3'-0" oc 30 1 gal. @ 2'-0" oc Native Vegetative Cuttings for installation at Detention Pond Outfall to be planted prior to the first December 31 after construction completion. Exact location of planting to be determined. Sambucus racemosa ----'--'------Red Elderberry Cornus stolonifera Red-Osier Dogwood Rubus spectablilis Salmonberry Hydroseed #1-Detention Pond Location: Cell 1 and Cell 2 25 15-18" cuttings @ 3'-0" oc 25 15-18" cuttings @ 3'-0" oc 25 15-18" cuttings @ 3'-0" oc Seeding Periods: Between March 1 to May 15 and August 15 to October 15 Rate: 10 pounds per 1,000 sq. ft. 45% Turf-type Perennial Ryegrass 20% Turf-type Tall Fescue 20% Meadow Foxtail 10% Hard Fescue 5% Big Trefoil Hydroseed #2 -Erosion Control Mix Location: 25' Stream Buffer---'--'-' Top of Cell Slopes to Fences Seeding Periods: Between March 1 to May 15 and August 15 to October 15 Rate: 100 pounds mix per Acre 40% Creeping Red Fescue 40% Perennial Ryegrass 10% Highland Colonial Bentgrass 10% White Clover Hydroseed #1 and #2 Seed mixture: No less than 98% pure Germination rate of 90% Fertilizer: 10-10-10 construction grade 50% organic piUS micronutrients Fertilizer Rate: 1 pound of nitrogen per 1000 sq.ft. Wood Cellulose Fiber Mulch: Silva -fibre or equal Wood Cellulose Fiber Mulch: Rate: 50 pounds/1000 sq. ft. Tackifier: Non-toxic, 100 % organic, soil binding agent Do not apply below 50 degrees F Do not apply in wet or rainy weather Minimum curing time 4-6 hours ! I ,,' , , \ \ \ \ \ \ \ \ ')\ _~I \ \ "-\ matc.h line (see belo",) I )-~s~e~e~-~~~~! L --J \ \ "-\ "-i "-\ "-l0 "-ID '-. 'T , r I ~,~ __ J-I ,II I III i ~ I, I " ' '-. ~k----_ ': \ - --j _H_ ---I--t, \ "-\ I \' "'-., '" ,------=--=--\ --- -----I --- - -'-\ \ ~--- \'\ NISFA \51ISN, T"T'F, \ ~\ \ \ , '\ \ \ \ \ \ \ cO I \ \ '6 I \ '-_I. \_____ _\ ___ _ \ I \ \ --\-.\ \ \ '. \ \ I~ \ CD \ ~ \ 1------ I . \ -'--\--\-~\ ~.~_\- \ \ \ \ \ \ \ \ \ ------~ \ \ ) o D 48 .-. -.j. ----= I 1\ I I ( 1\ ':- 1\ \ '\ \ \ I I 'I \ I I I / \ II I I \ I I I \ I I I \ \ '-. \ +/ ,--,I I J-"'"'-I.I * I +1 I \ I \ \ I \ I '-. " " "- 47 \ GRAPHIC SCALE , -1--~ -- - ------\ ----~ I '\ \ '.-I i \ I i \ 2' I \ I \ \ IT RAIL \ ': ---------------Y'·' \---- \ \ -\ ~------ID l>, - \ \ \ ---------------\, ,.' . ,. ". \ .' ,.' ." .' \ 12' V'lIDE vr;..'IJJ::>I-~ " ': I I I '\ \ \ \ , HIISH \\ '-. FENC.E '-. '-. '0 <:", ~---OUTFALL --"-_\\ "- • s~e \ \ \ '-. .\ \ '\ \ \ \ \ \ ; E:(AINING WALL '-. '-. '-. '- I / '\ \ \ \ C.ELL 2 HYDR05EED #1 " 1 I '-. '-. " \ \ \ " \ \ \ '\ '-. , '-. , ' '-. \ -392-__ _ .--._- ( I I 1.\ I I 1 \ \ I / I I i '1 I 0 \ \ , " \,<ELL I ( - i \ \ '-. ,,---'---HYD~5EED **1 \ " , 0: '" '.J '" '-. '-. "-"-'-- --y \ -1--- ---"",,, '-----!\--- ". ---"::-- - ---- / ,...J ...J I « 13: / l'J1 Z z-- I ---[ "1 \ 1 ________ _____ \ CONCRE :.' // +"'-. ' _ ---rI"" I "\ ! \ / / I \ ~ f-<. / ~ I / / /' .---f'-'''--' • ~ \ . \ \ \ \ \ -> . --~:'---:c \ '-. . - "- I / / ---~--- I , 6' HIGH FENC.E see sheet L-2 /-- ---------~" --~---~ '-:::-:----"'-=--== \ ~---~'<I'I'j(JJ ---______ _ - ---386---- DEVEL.oPMENT PLANNING CI ry OF F1ENTON AUG -2 2005 RECEIVED , , ,,' , , C/) z « --I a.. c ro Wa... a.. 0) «;: () c C/) ro o a... Z « .....J -II f' Elrnhurst.dwg _ -: 08/01/05 II I I L1 2 '. :---Contractorshall remwe all r#' .... ..e:~~ labels, tags or otIler IbreIgn J;~~~ :-material, from limbs. ~;:::::=:::::;91~-Prune ooJy dead or broken , :f' ... lB" branches. Do not damage or cut \eader. -___ DoobIe strand no. 12 galq! wire. Alt. -Chainlock Tree Staking .,.1-___ 2" Diameter untreated I _____ Lodgepole PIne-Tree Stake Top of stakes shall be at equal elevalioo above "nI,h gade. Remove stakes aftEr 1 year guarantee period has ended. MuIdl-2" unlform depth. -,,, .. , .. , grade. Remove too 113 of burlap ~ from root bal;"lnchJding any rope or metal bindings. Do not disturb root ball. .Topsoll as spedlied-Planting pit to be 18" wider than rootball on all sides. -Undis111rbEd subgIade. Tree shall bear same relaUoo to finish grade as It bore to prevIouS grade. Salrify pit bottDrTL Veril'\' posillve drainage before planting tree. TREE PLANTING DETAIL Rough sides and bottom of planting pit NoScole Note: Stake trees less than 2" cal. wi1h one tree stake. PotlCpntaioer Remove pot or container and roughen/out side of raotball If roots encircle or are heavily matted. Rootball to be watered before planting to ensure optimum moistUre content Remove twine and 1/3 top of Burlap on rootball. Rootball to be watered before planting to ensure optimum moisture content. i 18" ~ _________ Contractor shall remove all labels, tags or other foreign materials from lImbs. l'-----------p,'ure only dead or broken brandles. Do not damage or cut leader. 2 pieces new black reinforced rubber hose. ~_[loul"e strand no. 12 gauge wire. Alt. ~ Chain lock Tree Staking 2" Diameter untreated ~-------Loogepole Pine Tree Stake Top~of ,takes shalriie at equal elevation above finish grade. Remove stakes after 1 year guarantee period has ended. Mulch -2" unlfonn depth. grade. Remove top 1/3 of burlap from root ball includlng any rope or metal bindings. Do not disturb root ball. ::--Firmly compacted saucer to create minimum 3" high lip around tree. line of original grade. ____ Topsoil as spedfied -Plan~ng ;;;aW=':IlfI pitto be 18" wider than rootball on all sides. Rough sides and bottom of planting pit. Comer 01 rootball to be at lire of original grade. >OU[9ra(,. material may be pit run -Verify soil CDndltlons as Installed by General Contractor. TREE PLANTING DETAIL ON SLOPE Tree shall bear same relation to finish grade as it bare to previous grade in field. No Scale Note: Stake trees less than 6' in height with one stake. contractor shall remove aU labels, tags or other foreign materials from branches. _ "rune only dead or broken branches. /,('(UI'," -2" uniform depth except adjacent to rootball- hold muldr depth to 1". Rnish grade. 'PoS !Fi---To[~oil as spec"ified. i 6" Varies -refer to on centersp€Kification SHRUB PLANTING DETAIL 1 gal. - 7 gal. and B&B 6' high WO()d rence ii'--"'1 Subgrade -Scarify to 12" depth Verify positive drainage No Scale ~ .. .c)eci,duoU5 Tree Shrubs Rough sides and bottom of planting pit. -~·-Undistrubedsubgrade. Plant shall bear same relation to finish grade as in nursery. "<-Helifv pit bottom. Verify positive drainage before planting shrub. ,.---2" Bark Mutch Sidewalk TYPICAL PLANTING ALONG SIDEWALK/STREET Section AlA %" = 1'-0" Note: All Plant Material to be Planted 1n Planting Pits per Details Gia_ 2 x 4 Rail ·--<nA(II~·1---1 x 4 1-. 1 x 6 Cedar Fencing ~ 4 x 4 post on pipe 2 X 4 Rail--"i i( 0<--1 X 4 --+1------ Typical Wood Fence/Post Detail 1" = 1'_0" MIN1MVM 5' .. ",-' DIMENSJON SPUT CI'DM ~A/l 10' Cr.NTfJ? TO Cf:N'fffi 12' CONCRE:1E BLOCKING 6. O' MINIMUM MiNiMuM ri' AHY DIMENSioN sPUT RAIL! C£iMR POSTS l' 6'" SPtJT RAIL FENCE DETAR.. H.T.s' ...-_____ Sidewall<. 2" Mulch. .. CI ~ • ~ to. .-.. ~ Asphatt ,",vII09 .• _ Hold down 2" from top of walk and roll back Into planting bed making a "V" trench. 1-. T()ps()1I1 as Specified. ..... -subgrade. TYPICAL "V' TRENCH DETAIL At Sidewalk/Planting Bed No Salle 8'-0" -/'-._-------- J . 2 x4 Rail r~ -. . [2X4 Cap --~- 1-'T~-n-' -r -' -T~ T .. I I I I . 1 I I~ =f ~1_~~ __ ~ul 1-__ U __ _ ~ f,<.~,·r.AlIF-I~lsm.jJf.1 ~it~nn;.qJr~I~li / ; . " ~ ~ Concrete footing 2x4 Rail • .. "' _. ". I> ~I ::1 9 o· 6" ~ 1:';·,_ .~J -~ ~ -~4 x 4 Post on Pipe ~4~ .• 1 , i per Alpine Fence Co. • .., i ... ~~.'~: I 1 I> Seattle, WA or equal ~'i...~:J' >0- ...l..--J..-Note: All fencinglrails/cap #1 Cedar /1'12" '1 Fence posts #1 Cedar or PT post Typical Wood Fence Detail %" ::::: 1'_0" Style 1 Fence per Alpine Fence Company~ . Seattle, WA (206) 248-1310 or equal Specifications: 1. Scope of Work to include removal/clean up of any debris/litter, weeds. blackberries, etc. in planting areas, finish grading in planting area between sidewalk and fence, provide and install specified topsoil, topsoil berm, plant material, mulch, staking of trees, hydroseeding of detention pond and any disturbed areas inside or outside of fenced detention pond area and any other item incidental to the project to complete the landscape per Plan and Specifications~ 2. Installation 6f Fences by Others -Details on Sheet L-2. 3. Verify location of all utilities on Landscape Plan. Call Locator Service (1-800.424-5555) prior to beginning Work. Adjust plantings to accommodate transformers or other utilities as necessary. 4. A pre-construction meeting will be held on site with Owner's Representative, Landscape Contractor and Landscape Architect prior to Project start as requested by Owner. 5. Co-ordinate Project with General Contractor and all other trades as applicable. 6. Landscape Contractor shall take extreme care to protect the general public from harm or injury and vehicles, equipment, existing utilities, sidewalks, curbs and fences from damage. Any claim of injury or damage shall be the responsibility of the Landscape Contractor. 7. No Additional Work will be completed or plant material substitutions installed without prior written approval of the owner or his Representative in the form of a Change Order. 8. Landscape Contractor will be responsible for installation of plant material by quantities determined by spacing and symbols on Plan. Quantities listed in Legend are for general reference only and are to be verified. 9. Topsoil shall be import 3-way mix conSisting of 1/3 sand, 1/3 sandy loam. 1/3 composted bark and sawdust as provided by Fife Sand and Gravel - Fife, WA (253) 922-7710 or equal. Topsoil to be used in plantings pits, planning beds as shown or other locations as required in connection with completion of Project. 1 O.Bark Mulch to be medium grade, Douglas Fir, Pine or Hemlock bark with no deleterious material, resin or tannin as provided by Carpinito Brothers Farms -Kent, WA (206) 623-8103 or equal. 11. Provide sample of the topsoil and mulch to the Landscape Architect for approval before installation on site. 12.AII planting areas to have positive drainage. Scarify planting areas as necessary to a minimum depth of 12". 13.Plant material selected is drought tolerant. Plant material to be installed during optimum time of year for plant establishment either in Failor early Spring. Do not plant during the months of July through September. 14.00 not disturb existing plant material in 25' Stream Buffer Area except to plant trees as required and shown . 15. Areas disturbed by project i.e. installation of the outfall, etc. shall be hydrodseeded per specifications and revegetated with native vegetative cuttings planted a 3'-0" oc maximum prior to the first December 31 following outfall installation. 16. Plant material will be first quality as determined by the Landscape Architect or Owner's Representative and will be removed from site and replaced if rejected at any time during project until Project Acceptance. 17. Plant material will be fully rounded, branched evenly and uniform in shape. Tree canopies will be matching with single leader. 18.AII plant material will be maintained and watered to insure optimum water level at all times during Project whether in holding area or planted. 19.AII rootballs of B&B plant material will be covered with topsoil, mulch or otherwise protected as approved by Landscape Architect prior to planting unless planted immediately upon delivery. 20. All plant material will be planted in topsoil with the top of rootball level with finish grade. ANY PLANTS INSTALLED ABOVE GRADE AND BACKFILLED WITH MULCH WILL BE REPLANTED OR REJECTED. 21. Provide and place 2" medium fine bark mulch in all planting beds as shown in Details~ 22. Stake trees as shown in Details and remove stakes after Guarantee Period. 23. All work areas shall be kept clean, neat and orderly at all times. Dirt and rubbish shall be kept off sidewalks and paved areas during construction. Project area shall be left clean and neat at the end of each workday . 24. Landscape maintenance of the entire Project shall be the responSibility of the Landscape Contractor until Project Acceptance. This includes, but is not limited to, weeding, re-staking of trees, debris/litter and leaf removal. watering, repair of vehicle or pedestrian damage to planting beds, repair of planting beds damaged by other Contractors and replacement of stolen or vandalized materials or plant material. 25. A final walk through will be scheduled for Project completion. All items on the punch list must be completed before Project Acceptance. 26. WarrantylGuarantee all plant material, material and workmanship for one year following Project Acceptance. Replace any dead or dying plant material as required by the Landscape Architect or Owner during andlor after the Guarantee Period. All replacement plant material shall be as originally specified on the Landscape Plan. 27. Contact: Heidi Kludt, Landscape Architect AnMarCo 9125 10'" Ave South Seattle, WA 98108 206.762-9125 x 3568 phone 206.763-4178 fax heidik@gmccinc.com -~ I~ '~'------ ~-----.--- ,----------- z o -I-~ CI)'?c a::~~ ~ ::::> ~ I Cf)~ .....JS: ~« -..::::::-c I I-.9 --'ZC WW & o Cf) w 0::: C/) Z (/) c « 0 .....J .... CO (L U <+= W u (l) 0... c.. « U) u "C C Cf) CO 0 (/) Z CO .... « (l) 0 ....J f -I Elmhurst.dwg fl L-f 08/01/05 (~_~C~ I~ I L2 -2