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Home My WebLink AboutLUA-05-137142nd ! Av. SE ,I !<;! in ";'" , II I" I' I ~! .. JERICHO PG. A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CIlY OF RENTON, KING COUNlY, WASHINGTON I 10' "'DE f!{)N) £AS£~ENT Pt~ S" WIDE ADOITIO"AI. R.O,\'< 10 BE \ RECORDrNG NO. ~7100611N O,DIC~nD TO CIT'( or ~£NTON ''___ (TO 8, ABM-lDOC"C'C"C' ______________ u~~O-'-""-'-~~~-' __ _ --1 JERICHO AVENUE NE 1------,.'.1.-: ---.-.".-. .,..~ 1'-".-... --+--.,- ® , "'------ ® ® SURVEY INSTRUMENTATION SUR\lty ptRrOR"'£D II, CONJUNCTt()N I"I~ T~'S SURVEY "LAT unUlm ",£ rOlLOMNG [QLlIP,,"OH AlIa PROCEDURES 10" TOTAl. $TAI10" ... ",,,rAlNEO TO "'ANuFACTUR(R'S SP[CIF1CA~ AS REO~RED BY WAC-J.l2-1.l0-100 PROCEOURE LiSED: FIELD l~YE-'!S~ "'TO< N:CURACY "'rElING OR nCHOING nl[ REOU'RE"'E~ Of WAC_JJ2_no_O~o SURVEYOR'S NOTES I. THE PROPERlY DEPICTED ..... 0 DESCRIBeD HERtoN EJ'(ClOSfS AN .lREA OF _ROX'",ATElY 228.MB SOUAAE FEET OR !>.S7 ACRES. BASIS OF BEARING NCRTI' Btr2~'11' WEST 8ETWt£N CITY OF RENTON CONTROL o,jONU"'EN'iS C,O.~. "'0.1651 ANO CO,~, "'0.1652 REFERENCE MAPS RECO~D or SUR\I[Y. VOLU"E 41. PI'GE 227. RfCQROINC NO 8"0907~OO7. RECO~DS Of" I(ING COUNT1". WAS~LNGTON. RECORD OF SURI/E'I". VOLU"'E ~". PI'G[ ~5B. R(COROLNG NO,II309161100". RECORDS or KING COUNTY, WOSHrNGTON R[CO~D or SURVEY. \QW"'E ,.~. PAGE 270. RfCORDI"'G NO.200106229OOOO7. RECORDS or KING COUNty. W.o.s"'NGTON f>V,T or SIENtlA. VOLU"'E 2W. PI'GE 18-2". RECORDING N020021009oo27S", RECORDS OF ~ING COUNTY, Wo.s"INCTON f>V,1 or PAR~SLDE COURT. I'OlUo,j[ 207, PIGE 100-102. RrCil'ROING N020020815001~77, ~ECOR05 Of ~ING COUNTY, WASHltlGTOtl $ ST~OARO CITY Dr qENTON t,lONU"'ENT IN OSE (R) ~,o.()I'" DHTA ARC LENGTH ES ... I EAS["'(Nf CD ~~E~~~T U:~b~s,~";iE~~r N~.~ P.oGE 2. <V i,;..,~~t"';U~~f d:~~ ~c,~SS NO 1~, PAGE 2 URVI SETBACK TABLE N e ~ SCALE, 1" -= ~=:::J ". 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L,g§~ lS~i~<r ~~~~~ ::~::;;& .... ;0::;'1:>'''' !~ .... ~g ~i;~~ 5 ~ :i ~ ~ ~ ~ i ~ I ~ • ~ I " I ~ ~ ~ ~ ~ ~ g W ~ ~ Z ~ W ~ 1; ~ o JERICHO A PORTION OF THE NW 1/4. NE 1/4 OF SECTION 15. TWP. 23 N .. RGE. 5 E .• W.M .• CI1Y OF RENTON. KING COUNlY. WASHINGTON 'OJ'IO J-8'<OSS S1JR~"'E OISK "':~H ~LI.C~ ",sn"ED ~-05 COVENANT "OUND 2S 8"-'SS SU~"~E O'S( w,~ PI..~CH "'R~ CIN Of RENTON CO~TROL "O~J"E'.T NJ I~~I Ifl.7J· CA5f ANO 0.6S· S:lUHi or FOl.~O ~j()fI,~ O .... ~Tt~ C:)R'I~~. V,SIfE:D ~-o~ N 507779 50~4 E lo651l'fj.5012 C~LCU""rEQ CENTeR or SEC:lOI-. 15 ~ POq,,~'1 O~ II-'~ NO~T""'EST Ql!~RTER or Hi: ...o~n.U.S' O .... ~TE~ SECT'ON I~. TOW"S~'P <'IN. R~~GE 5!'. "'~ SECTION CONTROL MAP SCALE 1 ,. = 400' ~LL UET~C~£O (l\ItELL'NGS ARE P~OPOSl:O WTH'~ THE R-10 lON:NG DESIG~~TlON OF ;«E PJ.T W,H A PF\llillO D£NSiT"':.o" ,0 13.00 CU/<C. A'I" CHlo.NGE TO T~( ~'11T ioU S ....... L R£OU~[ mE OE~S'TY ~ND UNIT .... ~ ~EOUIRE"'E'lTS Q," T~( ~-1O ZO~E 10 9E CO"'PU~o ",,"II< .0."0 Rt'lt"l>e:t 9Y TI-E Clfr or RENTCN. A~~ LOTS .N TI-!S S~3Dr'so, .. -',NO nw:,S ~·r.~N T..,15 P!.AT ~RE SU8JECT TO WE J[~'C~O 1,0"'EOVrNER·S ASSOC",TlON ESTA9uSllm I~ ACCOR~"CE w:," ,.AS..,'NCTO" S!~TE LA" "~IC~ CE"TI~ ES E~CI' LDT Of T}<IS P~T AS • ~E~3E~ OF SAID I-!O~EOW~(R'S ~SSDCIA1ICN ~ECORDfD U~JE~ KIM) COUNTY R£CCRJING ~L"'9~ __ ~_~ _____ ~ IHE "~I"J'" NJ"B"R O~ ~E:SIDENT"'L t:1W£lUNG uNITS P[=r.t r7EO ''''"II<'~ l~IS P~OPER~ IS 35. ~" S~C" 1J~ITS S>i"cL 9£ SINGLE FA"'lY DETACTEO UNITS OI,lV ON ~D""DUA_ ~[SID[NTlAl LO,S DECl..AR.4.T1ON OF COVENANT mE O"M.[~(S) or I~[ LA~D E,",,~AC[~ NITH.N TH'S PLAT •. N ~ETU~E ro~ THE B~~EfIT TO ACC~Rc 'RJ" T.., S SU9?1'1I51O .... !lY SIGMNG ~EREQ"" COVENE ... IS 4..,0 <C~£ES 10 CO'l'["< T~E eE~EF1CLl<L ·NTERtST N TI1E ND\ EASE"';:NTS S~O<t~ 01< I~'S PlJIT TO ANY -',ND ~LL fl.JT~RE PJ'lC"ASEfiS Of" T"E LO'S. CR A..,... SLay.S eN T~E~wr. THIS CO'HI"NT S'"i>Ll ~LN WITH THE LA~D AS S~OWN ON THE P,-"T HOME OWNERS ASSOCIATION ~NOW 8Y ALL PEOPLE 8£ TI-!ES~ P~ES['.f1 fl-AT '~E ,HE uNO£RSlO~EO OWN£~ ,'_ FEE 'S,"'''1..E O~ T1-[ L .... 'D H<REBY CERTf'f 1 .. 4T \IE HWE ESTABL'S,.m A ~Ot.t[O<tNER·S ~S500ATI0~ IN ACCORilA'ICE "'IH '~~SI-!~CT;)-' ST~T£ LA~' ~'HI~~ IDE'IfIn£s EA~~ LOT J' THS D .... T AS' ~E ... 9E~ Of SAID ~SSOC"'TlO~ GENERAL NOTES I) "0 D'RECI "~CESS FRO" Am LOT NTTH ThiS PJ.; SHAll 8E ALlC~'E~ CN,C NE 4T~ S'RE[T. 2: N3 DlQCCT <CCESS f1ICIo' At;1 LeT w'TI<'~' WE fI~T 160 fEET ~~O'" T~E SO\JT~ CURB OF ~[ 4TH Sl~EET S~ALL 8E ALLOW"O ONIO I-!OQ~""" A~ENU£ NE OR .[qlCIiO ~VENUE .. , J) A 51!!""' 2" RE50.R .... 0 ~LAS~>C COP .... R<W ··ES~. ,t-!c J5142_316~1" S>tALL BE SET ~T ~"l ~[./IR LOT CO~~(~S AND LOT ~hGL£ PO'NlS. EXCEPT ~S '10TD. ,HE '~TI~S(GTION cr t.CT ,'NES WITH STRE[T 'Io'P~WE"'(NTS SHALL BE ~ BRASS T'G IMRKEO ··[S.,.. 'NC LS 35142_31661" SET I" THE TO;> or CURB OR 1I<'CKnlEJ [JeE OF ~5~'"i>LT ON "ll<E E~TENStO~ 0< T1-[ LOT U~E (C"f"SET CO~~E~ WLl Be O'Io'E~SIO"'[D 0" PLAT). LOT CORNERS OR S1RHl ..,ONU ... WTS ~OT S[T .T HE TIU( or P,-"T ~ECO~OINO SH.I.~~ SE 80~JEJ ro~ 0J0,0 SHU Bo SG AS CO~SIRuCm'l IS CO ... PcETED <) T"1E ~J <~D SICR\' ~""CE sYSTE"S S'"i>~L BE CONST~UCTED ACCORD'NC TO THE APPRO,(O P,-"N AND PROFiLE ON FleE '~II'" RE~TO'l DEVELCPVE>jT SEfMCES ;)"1SION ~NO .. "" Of',lA1 eN <RO~ THE AP~RQ"I.(D PJ'NS 11"" ~[OU RE \frR.n~N ~pP~OVAe "RO'" T~E PROPER ~C~NC1". CUR~ENTLY ~(NIO~ Dr."£LJ"'""NT S[RlnCES ONSGN. 5) Ti>.ACI .~. ,S A STOR~ W~TER O[TENTIONI W~,ER 0-"_11":" PO'lJ. ~ERE61 ~0..,.,~YE:" TO~ ___ ~ ________ . 6) fI·( PA~'A~f 'CCESS ~NO UTILI;" E<SE"oNT WTHIN Lms 19. :10 ANJ 21 S>1All BE fOR THE BENEFIT Of Sl.O LmS AND LOI 22. LOTS 19. 2J. 21 ~ND n SMALL 9~ ~~T_" RES"ONSIBlE ~OR ,HE ~AJ'lTEW-NCE. ~~PA RS .. ..,0 ~ECO~STR~cnON OF SliD EA.SE..,ENT. l) THE ~RII'ATE ACCESS AND UTI~,,," EA.SE~'''T W,TH'N LOTS 1~. 16. 23 .~~ 24 S"'"" Bo FOR "11« BENEfU or SAO LOTS. LOIS :~. 16. 2J A,~D 2< S ..... LL 3E JONTLY RES"ONSIBlE rOR T~~ ... AJ'lTUWICE, ~[PA AS .'l0 RECO~ST~JCnO~ Of SA,D tASE"'[NT. B) TNE "RII'A1E ACCESS ~ND ~TI~'''" EASE"::NT W"H''l LOTS 11. 12. 2~ A~~ 26 SHALL BE fOR"II<E BE"EFlT OF SlD lOTS LOTS :1. 12. 25 ~~O 26 S .... LL 3[ J()I~llY RES"ONSIBlE roR THe .,."'NTE .... NCE. ~[PA RS ~"O RECO~STRucnON Of s.<,D tASE"'[NT 9) THe ~RII'A1E .CCESS .ND UT''',," EAS["E,n w,,~,t-! LOTS 2/. 28. 31 AND 32 S~ALL Bo FOR "11<[ B£~E~,T 0_ LOIS 27. 29 A>I) 2g. LOIS 27. 26 ~'lD 29 SHA.lL SE JO>.Tn RES~OhSIBlE FOR T~E "'AJ~TEfiO.t-!CE. ~(PA RS AND RECO~STRuCnO'l Of SA·D EASE ... (NT 10) TH( ~RII'''lE ~CC£SS ~ND UTUT'f EA.SE"'E>JT ",.Tl-<IN LOTS JO. J'. ~2. J3. J4. AND 3~ SKA~l BE fOR T<1[ B~Efl; or s.o.IJ LO~. lCT"S 30. JI. n. J~ . .J.4 ~~J ~5 S'"i>l, BE _0'~TL1 AESPONSI9lE ~O~ Tl<E WI'NTEN~fKE. REPAIRS AND RECON5"1RUCnON Of s,o"O U.SEVE'H. II) LOTS I rHROJG~ 26 ~ND TR<C; -~-..... E A IO~E OES-C'I>T CN or q-6 12) LO,S 27 T~RJJG~ 35 .... -"iE A ZJNE JESC'I>TCfoI 0'" ~-10 13) ~lL BJILD NO COWN S"DUTS. fOOnNC 0'<0 NS r_ '"L 1"~~fM()('S SUR'ACES S,.:c~ ~S PATIOS AN~ OR\"[I'I~"fS SH4LL SE CO~~ECTED TO THE PER"'~hE~T STOR~ OFU ... N OUlLO AS 5HO"',.N ON THE A"PR:;-.ro OO'l5rRJCTION CRlo~I'lGS ON fleE lilT>-! REt.TCioI OE'IELOPt.<E'IT SERV'CES D"'S'O~ THLS PtA~ SH,lLL 8E sue ... mtD \l1l~ IHE APPLIC>.1I0N Of ~N~ BJ'LD,~G PE'lU T. A_l CO~~ECTIONS Of Tl-[ ORAlhS "'US! B:: CO"S;RJCTED <,,0 ~DPRQ"I."EO P~'OR TO FINAl BU'LOI'IG I'ISPEC1'ON AP~RQ"I.~L. 1<) AN tASEt.<E~T 'S HEREBY G'<O~TED TO THE CIT'" 0' ~ENTO~ fOR PLBuC TRIoNSIl lI-R~-OIJT ACCESS :l\IER .. ~l"JOtj OF ~JT 26 1"""Iw--"00 200 0 rout-!o 1/2" REIV<~ ~n~ YE:-'-O'~ P~~nc ClIP ST .... P£D -CORE 30~2r ,,·s,rtt) ~-05 LEGAL DESCRIPTION PARCEL A: N ." Tl-E "~ST 217.5 FEEl OF Tl-( NOR;H '"i>l" 0'" PiE "'O~T .. E.<ST OUA~T[R OF W[ NORTHWEST O~AATE~ OF THE NO~T~U.ST O.J.>RTER or SECTlO" 1~. lOW~SI-P 2J NGRTH. R~NCE 5 tAST .... Ll. ,; <'NG COUN1"'. WAS~·NCTO'l. EXC[PT !ME NORT~ ~ Frt;" ,,.[REor FGR COLN,.. 'lOAJ. AcSO EXCEP1 T~C SOJH 12 rECI 0' mE 'lOR..., 42 cE[T WER(QC COIN["<ED TO K'''C COUNfr FOR R()A.D P~RPOSES E!'" DEW ~EC'OOro UNDER RECORO·~G "'J"3::R 561J64~. .oJ..SO D"CEPn'lC THE SOUW J HET 0'" THE "O~TI< ~~ '"E[T n"E~EO~ CONV(VED TO ~I~G COIJNTY FOR ROAD PU~?OSES 9Y O€EDS U'OER RECORD."G NU"'3E~ B71)92SCS'<3. 87092SC695. B7092&~96 AND e7C92B0697. PARCEL B: TH EAST HALF or ;HE NC~IH[.OSI OU~IlT£~ 0'" T'IE ~O~Ti<\\"EST QU.l.RTER or Tl'E NORT"""Sl OL~RIER Oc THE NQ!lT~EAST O.J.>RT(R. S~CT.Q~ 15, IOWN"S~IP 2J NO:m-. Ro.NGE ~ tAST .. ~ L\. N (,,,G COUNT". W~S~'ioIOTO"; LESS COUNTY I(QAOS PARCEL C: I"e u.s, t05 rEG Of TI-E NO~TH '"i>_' 0' THE 'KI~T~EAST :';:"''lTE~ Of" Tl-E ~O~~"EST OlJA~TER OF I~E ~ORT~tASl OuARTE? OF SAECTION 15. TOWNSI-!'P 2J NO~TH. ~~:;t 5 EAS'. w ...... ,-, ~ING ~OUNTY. ~4SHf.lGTGN; D"CED, T"iE "'()1lTl-'2 rEET I~ SCLIT"'E'ST tnTH STHE[T. AND D<~~f'"I Tl-E EAST 20 rEEO THE~£OF " 1401;, .. <"ENUE SO'JTHtAST PARCEL 0: 11<[ ~CRT~ HAl, Of" TH ~OR;~EAS; Q\JA~TE~ Cf ,~E NO~I""'EST Ql.OJI;ER OF T"iE NOI<T~EAST OL.A.RTER OC SECTlO~ 15. TOWNSHIP 23 NORTH. R~NGE ~ EAST. II.Ll. ,N ~ING COLN"'. ""S~NCTON EXC[~T THE WEST 217 5 'E.IT ~NO THE EAS, 135 f(ET THEREOf; ~ND EXCEf'"I PCRTICN COt.V(V[:) ,0 ~"jG COU~fr 'O~ SE USN ST'lE[T 9Y DHD RECOROED lNOER RECORDING NJ"'BER 5773IBB. PARCEL E: THE WES1 JO FEET 0' T .. E EAST 1J5 FIET OF TH: ~ORTH HA,-F OF THE NORTHEAST 0\iA~1Ul 8f ,",E .~0~1I<wt:ST CllAR'ER O~ T~E NOR,~tASO QUJ.~rE~ cr SEC,·O ... 1~. TO\fr~S~'P 2J NOI<T~. RO.NCE 5 U.SI. \I ..... IN ~''lG COUNfr. WAS~'NCTON; [)(CEPl T~l ~ORTH 42 fE[T THi:REor lYlNC WITH N SOUTHEAST 12BTH STREET. EASEMENT PROVISIONS 1) AN EA.S(~ENT IS ~E~[9Y CItOo'ITED TO THE cm O~ REt.TCN, PUCET SOI..~O E~E~. SOOS CREE~ WATER A'ID srw[~. WAT[~ DISTR'CT 90. OWEST ANO A CABLE T.v. CO"~Am At-!O TH;:IR RESEPECTIV[ SUCCESSCRS .... 0 ~SSIG~S. UNCElI A~O UPC .. T~~ [XTER,OR 10 FEE: ~A""llE1. WITH ~O ADJOIN NG THE STREET f~ON1~GE Of ~LL LOTS ~ND T""CTS IN "",,C« TO INSTALLI.A1. CONSTRUGT. RE~EW. Of'[Ro.T[ ~'1J ...... NlMN ~ND£RG~~D CONDU'TS. C>.BLE. PPEl.I~E A"D WRES. WITi"' T~£ 'lECESSAAY fAcocmES A"O OTHtR ECUW"ENT FOR T<1~ ?J~PCSE 0< SE'MCE TO Tl-<IS SUBCMS CN ~~O OTHER ~'lOPERTY w:nl ELECTR.C. TEL(P~ONE. GAS, D9lE TV SERVIC(. SEWER ANO WATER. TOGETl<ER \lIT" T~E ~IO~T ,J ENTER u"O~ THE OOE .. ENrs ~T ~LL ","SS FO~ THE PJ'l"PGSE ST4rED 2) A..L lOTS ~ND TR.o.CTS WITI-! N H S P!.AT .RE SU8..[CT TO "ll<E .E'llCiiO 1<0t.<E(MNE!l'$ ASSOCLI<TION [ST"6 •. S~ED ,t-! ACCORDANCE WIT ... W'SHI~GTON STATE tAW WI-!IC" IDENTIr,ES EAC~ LC' 0'" TH'S P .... , ~S • "'E~BER 0< SoIJO HQU[C"~'.CR'S ASSOC1.OTIO ... ACCESS EASEMENT \lITJo.ESS;::'H TH.l.T s,o"D u'l./o~TOIlS. FQR '0J,.UJ.8U co~s OEAAnoN. ~(CEI<>T OF "'I<OCI< IS ~EREI!1 AC~NOWlEOGEO. HER[9Y GItOoNlS ANO CO>NE"fS AN ACCESS £ASE ... £NT fNER. o\C~OSS A~O UF>CN HE ORII'A,E ORA ~~CE tASEIo'("'"TS SI<CWN ON THE ~ACE or T~'S PLAT. ~Eq AN ENCI~EE~'NG PLAN APPRO'.'EO (ff TI1E CITY OF" ~DllO". ~ "uN'CI~AlITY CORPORATIO~ or "If.IG COIJ~'fr. rcR T..,E P~OJECT ~NOWN AS JE~'C~O FOR II-!E CITY 0, ~<N10'l AS GR~~TEt. 10 ENrEq UPOIJ ~IO EASE .. !:NT(S) fOR mE Pu~POSE or CBSEWNG A'IJ 'NSPcC;~C ThE <ACUTIES TO OSSUR( Tl-~I THE OWl<ER(S). T"EIR SUCC[SSO~S ~NO Ass.eNS. ~RE PROP(~L1 op~~n'JC A~O o,IO,INTA.NI>jG T"E OF!.\,N>.CE fAOIUn[S PURSL~NT ~O IH( AOOIc ~[FE~E~C[O PLAN ~NO CO"'IAJ'lEO W:TI<,N s,o"D £ASE"'(NT ~RtA(S) THE COVE .... >iTS HERE'N CONTAINEO S ..... ll RU~ WII~ T ... E lJI'IJ AND ARE B NO.~C U"D~ • OJo.D ALL SUBSEC~ENT o"~~ER(S) T~E~[O'. ~O~EVER 200"12 12Ott> " ........ NE, SuIt. #103 BottwI. Wut*"1glon IMOt1 ("25) .. 115-814-4 VOl. PC. CITY OF RENTON FILE NO. LUA-04-031-FP DATE 10-27_C~ JOB NO. 1062-002-00. OWC: DRAWN BV; GS~ SHEET 2 OF J 6 r Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 • Ff-0 1-e]o 0$""-/3.7 BILL OF SALE I Property Tn P .... e1 Numb ... : 0'$l30.-=-,)"U" '7>-1 Project File #: 3 iSl.. I StreetIn~on: 1'If> Av':-S£ 1 5.JC-710 I Address: Reference Number(s) ofDocwnents assigned or released: Additional reference nlDllbers are on page __ ' Grantor(s): i-/"Y1tCS, Grantee(s): 1. NO .n'!. .rt1~, A tuA,"",,'"j'"'''' L City of Renton, a Municipal Corporation 2, ~ WI'.-vAli~ The Gnntor, as named above, for, nod in consideration ofmutuaI benefits, hereby grants, bargains, sells nod delivers to the GrlDt.., as named above, the following desaibed personal property: WATER SYSTEM: Length Size ~ -L.F. of " WalerMain L.F. of .. Water Main .. L.F. of " Water Main each of " Gate Valves each of " Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size ~ :5 -315d-ZS:J..' L.F.of 8 " p·V.l. Sewer Main Zh5 L.F. of cl " (. 'ico Sewer Main L.F. of " Sewer Main I..b. each of 4'6 " Diameter Manholes 5 each of 51 " Diameter Manholes each of " Diameter Manholes STORM DRAINAGE SYSTEM: Length Size ~ L.F. of .. Storm Line L.F. of " Storm Line L.F. of .. Storm Line each of .. Storm Inlet/Outlet each of " Storm Catch Basin each of " Manhole STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk L.F. Asphalt Pavement: 3/D SY or L.F. of Width STREET LIGHTING: # of Poles By this conveyance, Grantor will warrant and defend the sale hereby made tDlto the Grantee against all and every person or persons, whomsoever. lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. J.oo 7 -00;Ltc, 1I:IFILE.SYSIFRM\84I1NDOlIT\BlLLSALE.DOC\MAB Page 1 • --" . F 84000I/bb onn INWITNES o WHEREOF, I have hereunto set my band and sea! the day and year as written below. X t ~ , "' ~" . .jJoIaln r lNDlYIDUAL FORM OP ACKNOWLEDGMENT NoIaIy Seal must be within box STATEOFWASIiINGTON )SS COUN1Y OF KING ) -I certifY that I know or have satisfactory evidence that signed this instrument and acknowledged it to be hislherltheir free and voluntary act for the uses and purposes mentioned in the instnnnent Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIYE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF W ASHINGfON ) SS COUN1Y OF KING ) . I certifY that I knQw or bave satisfactory evidence that _______ _ __ .,---,-________ -,--,-__ signed this instrument, 00 oath stated that be/sbclthoy waslwerc authorized to execute the instnnnent and acknowledged it as the and ___ --::---: __ _ of to he the free and voluntary act of such ·.party/parties for the uses and purposes mentioned in the instnnnent Notary Public in and for the State of Washington Notary (Print)' ____________ _ My appointment expires:. ____________ _ Dated: ,CORPOlIATE FORMOP ACKNOWLEDGMENr. Notary Seal must be within box STATEOFWASHINGfON )SS ~"""\\\W'III g:,>:rr i:Z~ of d~ ~4>, before me personally appemed "''''~-.''NDl'~'11 . _~~ ~'~\\""I "/. :J 0 hJ. IS. N I'l'¥ I ~ to me known to ,E ,:a'<'! ION~~~I~, ~ he P~OIOt>o-lr of the corporation that :: ~'j:. .OT~s-\, 11 ~executed the within instnnnen~ and acknowledge the said instrument to be the free ~ •.• • ~ Z ~d voluntary act and deed of said corporation. for the uses and purposes therein ~ at ~ </I e ~ ~cntioned, and each on oath stated that he/she was authorized to execute said ~ ~ . 1'OI,;0i1.!~O Einstrument and thai the seal affixed is the corporale seal of said corporation. ~?I.:' -... ",-. ~ -,. \\Y1'I' .......... ~G ~ , ~ ~II 0,. 'NAS~" #' -:-U.LJ~:+'O~d.4~qt.~1_~~'Lj<~i:Ll--------j II.t'I\\\\\,,""'" otary Public in and for the State ofW Notary (Print)~~~~~'tI:--~~~~ __ My appointment expires.:_ ..!./..;..'I_-~V'_,_-..::(;J;..<-_____ _ Dated: tJch~ V~ Page 2 , --L vA-o)-13 7 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 BILL OF SALE I PropertyTuParttlNumb·r:/.r.z:(q.\~ 9tJlf ProjeclFile#:OS_87 F? I Stree~~on~ lid 1 Address: M""S :I~Q.Io Ref ........ Number(s) of Documents assigned or released: Additional refermce nmnbers are on page __ . Grantor(s): Grantee(s): 1. NO"'v/S, ~e-~, ~c., I. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of muiual benefits, hereby grants, bargnins, sells and delivers 10 the Grantee, as named above, the following desaibcd personal property: WATER sYSTEM: Length Size ~ LF. of " WatcrMnin L.F.of , WatcrMnin -. L.P. of " Water Mnin each of .. Gale Valves each of .. Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size ~ I..l7"1 LF.of B " l!lI.C SewerMnin S-3J3J L.F. of " SewerMnin L.F. of " SewerMnin .5 each of ~(5 .. Diameter Mnnholes each of .. Diameter Mnnholes each of .. Diameter Mnnholes STORM DRAINAGE SYSTEM: Length Size ~ ~(, L.F. of ~" " Lf"tff? Storm Line k-3;;"31 Z'':I.3 L.F. of l.z.. ., " ,Pd" Storm Line L.F. of " Storm Line s: each of " &:vrlo ;T;. ~ Storm Inlet/Outlet 1.1 each of " rYl'I:: .+:-Storm Catch Basin t.. each of '1.1.."" >'f " rr'e: A'-Mnnhole STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk z.f13 L.F. Asphalt Pavement: LfV~o SY or L.F. of Width STREET UGBTING: II # ofPolcs By this conveyance, Grnnlor will warrant and defend the sale hereby made unto the Grnnlee against all and everY person or persons, wboImoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors. administrators and assigns forever. d--Q ~-P 9fo 4c111ll1. 11:IFILE.SYS\FRM\84I1NDOUliBILLSALE.DOCIMAB Page 1 • • Fonn 84 OOOlibh IN \ .. '~OF. I have h~eunto sel my hand and seal the day and year as written below. . d..r --11\10 Q INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary SeaJ must be within box STATEOFWASIiINGTON )SS COUNTY OF KING ) . I certify that I know or have satisfactory evidence that signed this instrumenl and acknowledged il 10 be bislherltheir free and voluntary act for the uses aod purposes mentioned in the instrumenl Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPIlESENTATII'E FORM OF ACKNOWI.EDGMENr Notary SeaJ must be within box STATE OF W ASIllNGTON ) SS COUNTY OF KING ) . I certify that I know or have satisfactory evidence that _______ _ __ :__-,,-~--__,.--_.,.-:__-signed this instrument, on oath stated that belsbelthey wasIwere authorized 10 execute the instrument and acknowledged il as the and -,-__ .,---:-__ of 10 be the free and voluntary act of such . party/paIties for the uses and pwposes mentioned in the instnnnmt. Notary Public in and for the State of WaShington Notary (Print), ___________ _ My appointment expires:. ___________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATEOFWASIllNGTON )ss CO KING ~?J(Xf \\\\t .... ·· 00 . day of W--,beforemepersonaJlyappeaied ."",-:. ·"ft, . c "~~li""" J 10 me known 10 ~~~ .. stl)?\\ ~ be of the corporation that IE ~=~, .':1 '),~.' ~.executed the within instrument, and ackn",,:,ledge the said instrumenl to be the.free :; c( -= ,.0'. ~~ . ~ v01unlary act and deed of S31d corporalJon, for the uses and pwposes therein i i CI :i.}. -_ .!nentioned, and each on oath stated that helshe was auth0nze.;' 10 execut~ said ~ "''' 'Jit.Ii-'" E it ~enl and that the seal affixed is the cOIpOrale seal of saJd corporoIion. •. ':'-""-1o.o1/P '= . . .', '11, ." .. "", .. ,,,,,.,$-_-\,I~lUk·CA.--tJ,1(,L!U:.c:::J'4=~~<L.f..l.4-.I-----_l "III, 0" WA~' .:-Notary Public m an for the State Washington . 111'1\\\\\"'" Notary(Print) AI {CID-m.!L"'~ Wo....rf"€.r>- My appointment expires:,_!.!/I":-L/~o:,,:'::O~7L. _____ _ Dated: :1 -.:l g, 0 " Page 2 • After Recording Return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 • DECLARA TION OF PROTECTIVE COVENANTS, CONDITIONS & RESTRICTIONS OF JERICHO ESTATES Grantor: Norris Homes, Inc. Grantee: Jericho Estates Reference Numbers of Documents Assigned or Released: Legal D.escription (abb~eviated): Lo~ 1 through 35 of the plat of Jericho Estates recorded under Kmg County Auditor's Recordmg No. f}oop0530CJ6/Cf7 ~ Complete Legal Description is located on Pages 1 through 3 of document Assessor's Tax Parcel Numbers: THIS DECLARATION running with the land, made this ~ day of '?TJov,k , 2006, by Norris Homes, Inc. ("Declarant" and "Developer" as appropriat~. To the extent that other Covenants, Conditions and restrictions exist (either prior or subsequent) regarding the property contained within the legal description herein, the present Declaration of Protective Covenants is intended to co-exist and overlap existing and subsequent Covenants and not replace existing and subsequent Covenants. WITNESSETH: WHEREAS, Declarant is the owner in fee of certain real property (the "Real Property") located in the County of King, State of Which, which has been subdivided and which is legally described as follows: Declaration of Protective Covenants, Conditions and Restrictions Page I of 34 • • PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSIDP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696, AND 8709280697. PARCELB: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS PARCELC: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. AND EXCEPT THE EAST 5 FEET OF THE WEST JO FEET OF THE EAST 30 FEET PER CITY OF RENTON VACATION V AC-05-005 Declaration of Protective Covenants, Conditions and Restrictions Page 2 of 34 J • • PARCELD: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCELE: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. For ease of reference herein only, the real property subject to these covenants, conditions and restrictions is commonly referred to herein as "Lots of Jericho Estates." These CC&R's shall apply equally to all lots set forth above. The Declarant hereby covenants, agrees and declares that all of the Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants, conditions, restrictions, easements and reservations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of all of Properties, their owners and their heirs, successors and assigns. These covenants, conditions, restrictions, easements and reservations are equitable servitudes and negative easements which shall run with the Properties and shall be binding on all parties having or acquiring any right, title or interest in the Properties or any part thereof, shall inure to the benefit of each owner, shall survive and continue to run with the Properties and not be discharged by a sale of the Real Property or any portion thereof in the manner described in RCW 84.64.460. Acceptance of an interest in a Lot or a Housing Unit and Lot shall be deemed acceptance of the terms and provisions of this Declaration. The Declarant or its successor and assigns may become the owner of certain real property, which is adjacent to the Real Property described above. The adjacent real property, or a portion thereof, may be subjected to the terms and provisions of this Declaration of Declaration of Protective Covenants, Conditions and Restrictions Page 3 of 34 • • Protective Covenants, Conditions and Restrictions at-the -optioJf of the Devel()per, as hereinafter provided. NOW, THEREFORE, Declarant hereby declares as follows: ARTICLE ONE Definitions For purposes of the Declaration and the Articles and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as appointed pursuant to Article Nine, Section Four. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Jericho Estates Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Associations Bylaws and any amendments. 6. "Common Areas" shall mean those portions of the Properties which have been designated to be used in common for the benefit of all lot owners, including easements which are for the benefit of all lot owners and/or the Association. These common areas shall include, but not be limited to, the following: a. Tract A is a storm water detention/water quality pond and each lot owner has an equal undivided interest in said tract; b. All the street trees shall be owned and maintained by the Homeowners Association until City of Renton or its successor agency has adopted a maintenance program; c. The following Limited Common Areas are only for the benefit of certain lots which are defined below: Declaration of Protective Covenants, Conditions and Restrictions Page 4 of 34 • • (i) The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 21 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (ii) The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iii) The private access and utility easement within Lots 11, 12, 25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iv) The 20' wide private access and utili~ easement within Lots 27, 28, 31 and 32 identified as NE 3' Circle shall be for the benefit of Lots 27, 28 and 29. Lots 27, 28 and 29 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (v) The 26' wide private access and utility easement within Lots 30,31,32,33,34 and 35 identified as NE 3'd Place shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; 7. "Common Services" shall mean: a. Maintenance of the common areas as required by the Association. b. Maintenance of the street trees planted within and/or abutting the common areas both public and private within the plat. c. Such additional services as shall be determined by the Board of Directors of the Association or the DeclarantlDeveloper during the development period as set forth below. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 9. "DeclarantlDeveloper" shall mean Norris Homes, Inc. or any persons or entities to which it assigns its rights as DeclarantlDeveloper, or succeeds to its interest. Declaration of Protective Covenants, Conditions and Restrictions Page 5 of 34 • • 10; "Housing Unit" shall mean the building occupying liLot. . II. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a fIrst mortgage or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described herein. At such time as additional adjacent real property may be subjected to the Declaration, "Lot" shall include those lots shown on and included in the plat of said additional property. "Maintained Lot" shall refer to any Lot and Housing Unit which receives Common Services. The Developer may designate a Maintained Lot in this Declaration, or in an amendment to this Declaration which adds additional adjacent property. All provisions of this Declaration which refer to Lots include Maintained Lots. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the properties. 15. "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Properties" shall initially mean the Real Property. If additional adjacent Real Property is subjected to the Declaration, "Properties" shall mean the real property described in this Declaration and the plat or plats of the additional adjacent real property. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO Management of Common Areas. Common Services Enforcement of Protective Covenants, Conditions and Restrictions General note concerning use and development of Lots. These CC&R's are not intended to modify andlor impair any easements and licenses of record. Therefore, all Declaration of Protective Covenants, Conditions and Restrictions Page 6 of 34 • • structures, development, fences, driveways and the like must not interfere with easements and licenses of record and also must comply with all applicable City, State and government codes and regulations that exist regardless of approval by the Declarant and/or Homeowner's Association. The Declarant and/or Homeowner's Association is/are not liable or responsible for approval of an item that may ultimately have to be removed or modified based on a City, State or government code or regulation. For example, if the Homeowner's Association approves a fence to be built by a Lot Owner and the Lot Owner erects the fence in an easement that interferes with the easement and must be removed, the Declarant and Homeowner Association shall have absolutely no liability to the Lot Owner simply because they approved the construction ofthe fence. Section One: Development Period. During the development period, the Association, the ACC, the Common Areas and all Common Services shall, for all purposes, be under the management and administration of the Developer. a. The development period for the Real Property shall be that period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots in Jericho Estates have been sold by the Developer, or Developer's assignee to individual builders or Lot Owners or any shorter period, as determined by the Developer. It is contemplated at the time of execution of this document that the current developer will sell the entire Plat to Norris Homes, Inc. and Norris Homes, Inc. will be substituted to the rights of the Developer after the closing of the transaction. If Norris Homes, Inc. closes the purchase of the entire Plat, then Norris Homes, Inc. shall be considered the Developer under the CC& R's for ease of reference. b. Front Yard Installation. The front yard must be installed within 30 days of Final Occupancy Permit being issued by the City of Renton. Yard installation plans must be pre-approved by the Homeowner's Association prior to commencement of installation. Yards and all additional areas must comply with the City of Renton's' rules and regulations dealing with "Impervious Surface" and any similar restrictions with respect thereto as it relates to a minimum percentage of grass area. c. Back Yard Installation. The back yard of a lot must be installed within 90 days of Final Occupancy Permit being issued by the City of Renton. Yard installation plans must be pre-approved by the Homeowner's Association prior commencement of installation. Yards must consist of a minimum percentage of grass and additional areas as to comply with the rules and regulations of the City of Renton. Section Two: Directors. Temporary Board During Development Period. During the development period, the Developer shall appoint at least I director, and may appoint any Declaration of Protective Covenants, Conditions and Restrictions Page 7 of 34 • • "persons the Developer chooses as directors. The directors will contiilUe to serVe as directors of the Association until a successor is appointed by the Developer, until a director is chosen by vote at the end of the development period or until the director resigns. The Developer may, at its option and at such time as the Developer deems appropriate, select a temporary board of at least I to five persons who mayor may not be purchasers of Lots. This temporary board shall have the authority and such rights, responsibilities, privileges and duties to manage the Association under this Declaration, the Articles and Bylaws, as are assigned to the temporary Board by the Developer, except the right to participate in selection of members of the ACC, appeals of the ACC's decisions, or promulgation of guidelines for ACC evaluation of submissions by Lot Owners. The temporary Board shall be subject to all provisions of the Declaration, the Articles and Bylaws, provided, that after selecting any such temporary board, the Developer, in the exercise of its sole discretion, may at any time terminate such temporary board and resume its management authority or select a new temporary board. Section Three: Purpose of Development Period. These requirements and covenants are made in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units. Section Four: Authority of Association After Development. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for in the "Association's Articles, Bylaws, rules and regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the Association by this declaration, either directly or by necessary implication. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five. Section Five: Authority of Association Regarding Common Areas. The Association shall have the authority and obligation to collect assessments from the lot owners. The Association shall administer and manage the Common Areas as well as Common Services. Section Six: Delegation of Authority. The Board of Directors or the DeclarantlDeveloper may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors. Declaration of Protective Covenants, Conditions and Restrictions Page 8 of 34 • • ARTICLE THREE Membership Membership: Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR Voting Rights Section One: Voting Rights. Members 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 such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Section Two: Voting Rights for Maintained Lots. Owners of Maintained Lots shall be entitled to one vote for each Lot owned in any election of a representative to the ACC, subject to limitations as described in Section One. Only Owners of Maintained Lots shall be entitled to vote for representatives on the ACC. ARTICLE FIVE Property Rights in Common Areas Every Member, subject to govemmental rules and restrictions and subject to the notes on the plat, shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and upon the Common Areas either owned by the Association or in which the members of the Association have an undivided interest as set forth in this Declaration. These rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: a. Rules and Regulations. The right of the Association to limit the number of guests of Members, and to adopt rules and regulations, and establish appropriate penalties for violation of such rules; b. Utilities. The right of the Association to exclusive use and management of said Common Areas for utilities such as pipes, wires, conduits, and other utility equipment, supplies and material; Declaration of Protective Covenants, Conditions and Restrictions Page 9 of 34 • • c. DeclarationlDevelopers Rights. The rights reserved to the Developer in the Declaration; d. Right to Transfer. The right of the Association to dedicate or transfer by deed all or any part of the Common Areas to any Member, person, entity, public agency, authority or utility. No such dedication or transfer shall be effective without the approval of two-thirds of the Members. Except that Tract A may not be transferred to any entity other than the City of Renton or the Homeowners Association without the prior written consent of the City. e. Other Restrictions. The other restrictions, limitations and reservations contained or provided for in the Declaration and the Articles and Bylaws of the Association. ARTICLE SIX Maintenance. Common Expenses and Common Services Section One: Standard of Maintenance -Common Areas. a. Tract A is a storm water detention/water quality pond facility owned and maintained by the Homeowners Association and upkeep of the pond facility including but not limited to the detention, conveyance pipes, landscaping, fence and irrigation system located within the pond tract is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. b. All stormwater conveyance facilities located within the plat of Jericho Estates outside of Public Right of Way is owned and maintained by either 1) the Homeowners Association or 2) the owners of the benefited lot(s) as indicated on the final plat and/or below. c. Landscaping and irrigation located along NE 4th Street lies within the City Road Right of Way conveyed to the City of Renton. Maintenance and upkeep of the landscaping and irrigation located within the NE 4th Street Right of Way is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. d. All the street trees shall be owned and maintained by the Homeowners Declaration of Protective Covenants, Conditions and Restrictions Page 10 of34 • • Association until the City of Renton or its successor agency has adopted a maintenance program; e. The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 21 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; f. The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; g. The private access and utility easement within Lots II, 12,25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; h. The 20' wide private access and utility easement within Lots 27, 28, 31 and 32 identified as NE 3rd Circle shall be for the benefit of Lots 27, 28 and 29. Lots 27, 28 and 29 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; 1. The 26' wide private access and utility easement within Lots 30, 31, 32, 33, 34 and 35 identified as NE 3rd Place shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; J. Street trees planted as a condition of plat approval and planted within and/or abutting individual lots and planter strips shall be maintained by the owners of said lots and the street tress planted within and/or abutting the private and public tracts within this plat shall be owned and maintained by the Homeowners Association. Section Two: Standard of Maintenance -Lots. Each Lot Owner hereby covenants and agrees to maintain his respective Lot and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain their home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform the maintenance and upkeep of any drainage and/or underground drain lines and catch basins installed by the Developer on their Lot which are servicing the yard drainage needs on more than one Lot. In addition to maintaining each Lot Owner's individual Lot, each Lot owner shall maintain that area of the Planter Strip that is between each Lot's Owner's individual Lot and the street for the width of the Planter Strip that is of equal length of the Lot Owner's Lot. Declaration of Protective Covenants, Conditions and Restrictions Page 11 of34 • • Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or the Housing Unit located thereon, or fails to maintain the Lot and Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall have the right to notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within (30) days of the date notice is delivered to the non-performing Lot Owner, the Association shall have the right to provide such maintenance, and to levy an assessment against the non performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other annual or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. Section Four: Common Exnenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Common Expenses shall include, but shall not be limited to, the following: a. The expense of maintaining the Common Areas as more particularly set forth in Section One; b. The real property taxes levied upon the Common Areas. c. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC d. The cost of any repairs or replacement of Common Areas; e. Utility charges attributable to Common Areas owned by the Association; f. The cost of operating any recreational facilities; g. Any other expense which shall be designated as a Common Expense in the Declaration or from time to time by the Association. Declaration of Protective Covenants, Conditions and Restrictions Page 12 of34 -------- • • ARTICLE SEVEN Assessments Section One: Types of Assessments. Each Lot shall be subject to annual assessments or charges and certain special assessments in an amount to be detennined by the Association. Each Maintained Lot shall, in addition to the assessments and charges for Lots, be subject to annual assessments or charges and certain special assessments for Common Services. Section Two: One-Time Initiation Fee and Annual Assessments. It is understood that all owners of lots within Jericho Estates will become members of the Jericho Estates Homeowners Association, a non-profit corporation organized and existing under the laws of the State of Washington. This Association, will provide for the assessment and collection of a one-time initiation fee approximately $400.00 for each Purchaser of a Lot, at closing which will be paid directly to Developer to partially reimburse Developer for expenses associated with certain improvements installed by Developer on behalf of the Association. In addition to the one-time initiation fee, The Association will also assess annual dues and each member is to maintain and improve the common areas of Jericho Estates. The annual dues of the Association are $400.00 per annum until amended and shall be paid to The Jericho Estates Homeowners Association on a pro rata basis depending on the actual closing date of an owner's purchase of a Lot. The initial annual assessment shall be $400.00 per Lot commencing on January I st of each year, 20% of which shall be allocated and paid to the DeclarantlDeveloper for plat management services provided or by a professional management finn hired by the DeclarantlDeveloper to the Association. Such allocation of funds to the Declarant/Developer 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 By-Laws of the Association. Each Builder/Lot Owner, upon purchasing from a Developer shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 30th of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the tenns of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Builder/Owners who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as detennined by the number of Lots owned by all such Builder/Owners. At such time as there had been sufficient assessments collected by the Association, then said Builder/Owner shall be reimbursed. Declaration of Protective Covenants, Conditions and Restrictions Page 13 of34 • • The Declarant shall not be responsible or liable for the payment of any assessment against any Lot owned by the Declarant. Section Three: Detennination of Amount. The Board of Directors of the Association shall detennine the amount of annual assessment necessary to pay Common Expenses at least 15 days prior to the start of its fiscal year. The amount of annual assessment may be increased or decreased periodically as may be necessary from time to time to provide properly for payment of the Common Expenses. The amount of such annual assessments shall be equal for all Lots subject to said annual and special assessments except for assessments of Owners of Maintained Lots. There shall be no annual assessment for Lots or Maintained Lots owned by Developer, without the consent of the Developer. The Association may create and maintain from regular annual assessments a reserve fund for replacement of those Common Area improvements which can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board or ACC fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board or ACC until such time as the Board acts. Section Four: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot or Maintained Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. . . . .. Section Five: Special Assessments. In addition to the annual assessments authorized above, the Association, by and through its Board of Directors, or the ACC may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto, or the provision of any necessary Common Services. However, Lots owned by the Developer shall not be subject to special assessments and the Developer shall not be obligated to pay any special assessments. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a licensed contractor retained by the Board or ACC for the purpose of such . estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds the Members or Owners of Maintained Lots, as appropriate. Declaration of Protective Covenants, Conditions and Restrictions Page 14 of34 • • ARTICLE EIGHT Collection of Assessments. Enforcement of Declaration. Attorney's Fees and Costs Section One: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a charge on the land and will be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas, Common Services or abandonment of the Lot. Initially, the annual homeowner association dues shall be $400 per year. The Board of Directors may amend and modify the annual dues by a majority vote of the Directors presiding at that time. Upon the initial sale of a lot from the Declarant to the initial home purchaser, the home purchaser shall pay the $400 homeowner association dues in full at the time of closing. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly vests in the Association, or its agents, the right and power to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to 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 at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting. Rights Common Services. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, said Member's right to vote shall be suspended and shall remain suspended until all payments are brought current an~ all defaults remedied. In addition, the Association shall Declaration of Protective Covenants, Conditions and Restrictions Page 15 of34 • • have such other remedies against such delinquent Members as may be providedirt toe Articles, Bylaws or Declaration. Default in the payment of assessments for Common Services shall entitle the ACC to suspend provision of Common Services for the defaulting Owner of a Maintained Lot and ACC voting rights. Section Four: Commencement of Assessments. The assessments shall commence as to each Lot within the property (except Lots owned by the Developer) upon the first day of the month following the initial conveyance of the Lot. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer may, at its election, collect from each Purchaser an amount equal to six months' assessment for the Association and ACC, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall inure to the benefit of the Association. Section Five: Enforcement. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules or regulations adopted by the Association, or the provisions of the Articles or Bylaws of the Association. In the event the Board commences an action to enforce any such rights, including the rights of any individual Lot Owner, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Eighteen, Section Five. ARTICLE NINE Buildiug, Use and Architectural Restrictions Section One: Development Period. The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the development period as described in Article Three, Section One. This reserved right shall automatically terminate when the Developer no longer owns any Lot in the Real Property or Adjacent Real Property, or at such earlier time as the reserved right is relinquished to the Board of Directors or the ACC of the Association. Each Lot shall be subject to this reserved right and each Owner shall take subject thereto. Section Two: Authority of ACC After Development. At the expiration of the developer's management authority during the development period, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, . as initially adopted, or as the same may hereafter be amended, and all the authority granted to Declaration of Protective Covenants, Conditions and Restrictions Page 16 of34 • • the ACe by this Declaration, either directly or by necessary implication. Section Three: Delegation of Authority of ACC. The ACC or the developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The ACC shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person is delegated a duty, power or function by the ACC. Section Four: Appointment of ACe. The Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. Section Five: Approval Required. Except as to original construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until at a minimum, the building plans, specifications and plot plans showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no exterior changes of any kind shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. a. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be submitted to the ACC upon personal delivery of a complete set of all required information on the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the ACC by written notice to the Members. b. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such Declaration of Protective Covenants, Conditions and Restrictions Page 17 of34 • • guidelines are adopted they shaH be available to all interested parties upon request. c. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shaH keep and maintain a record of all actions taken at meetings or otherwise. d. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. The ACC may retain and consult persons or entities qualified to assist in the evaluation of plans submitted to the Board for review. f. The ACC, its agents and the Members shaH not be liable to the Association, to any Owner or to any other person for any damage, loss or prejudice resulting from any action on a matter submitted to the ACC for approval of plans and specifications or for failure to approve any matter submitted to the ACC. The ACC or its members may consult with the Association or any Owner with respect to any plans, drawings or specifications, or any other proposal submitted to the ACC. g. The Board shaH serve as an appeHate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board. h. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Six: Restrictions on Permanent and TemDorarv Structures. If an "out building" or structure is placed or erected on a Lot, the "out building" or structure must conform to aH applicable building codes and set back requirements. Despite building and zoning codes, in no event be can the "out building or structure be taller than six (6) feet in height measured from the topography of the land to the structure's tallest point including antennae, if any. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specificaHy authorized by the ACC. Declaration of Protective Covenants, Conditions and Restrictions Page 18 of34 • • This section and restriction contemplates and includes such things as carports (both permanent and temporary/portable), Recreational vehicle covers (both permanent and temporary/portable), boat covers (both permanent and temporary/portable), and car covers (both permanent and temporary/portable). Section Seven: No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Eight: Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Section Nine: Limitation on Signs. No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner thereof, or such Owner's authorized agent. In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns, so long as it owns any Lot, the right to maintain upon the property such signs as in the sole opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer as herein provided. Section Ten: Completion of Construction Projects. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within six months of the date of commencement of construction, except such construction as is performed by the Developer, which shall be exempt from the limitations contained in this Section. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Declaration of Protective Covenants, Conditions and Restrictions Page 19 of34 • • a. No mobile homes or manufacttiredhomes~~or modular homes are permitted within Jericho Estates. b. The total finished floor area in anyone residential unit should be no less than 1500 square feet for ramblers or two stories and 1550 square feet for splits or tri-Ievels with unfinished basements. c. No T-III siding will be used on the front exterior. d. No individual water supply system shall be permitted on any lot. e. No individual sewer disposal system shall be permitted on any lot. f. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, banks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. g. No lot or portion of a lot in this plat shall be divided and sold and/or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use as a single family residence within the prevailing Building Code for the County of King. The purpose of this section is to prevent the creation of "sub-standard" sized lots and/or "unbuildable" lots. Section Eleven: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; no decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve: Antennas Satellite Reception. No radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home or on any lot with the exception that a satellite dish eighteen (18) inches (more or less) in diameter may be attached to the exterior of any home with the approval of the Architectural Control Committee. If the satellite dish is affixed to the exterior of the actual house, there is no height restriction on its placement. However, if the satellite dish is placed on a pole or other structure apart from the house, the satellite dish can be no higher than seven (7) feet tall measured from the topography of the land. Declaration of Protective Covenants, Conditions and Restrictions Page 20 of34 • • Section Thirteen: Storage of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles or motorcycles; and no commercial vehicle, boat, boat trailer, house trailer, camper, truck, truck with camper, or other recreational vehicle or similar object may be stored and/or parked overnight on any part of the Properties, except as specified herein. No inoperable vehicles of any kind, or motorcycles shall be parked, stored, maintained, or constructed on any lot or street unless stored in a garage. Notwithstanding the foregoing, the following two (2) uses are allowed: (1) It may be permissible by the ACC to approve a Lot Owner storing/parking a recreational vehicle, boat and/or boat trailer on the side or backyard of a Lot as long as (a) The ACC approves the Lot Owner's plans in advance; (b) a fence in constructed in conformity with the CC&R's with a gate made of the same material and height as the overall fence so that when the gate is closed, the object stored/parked is adequately screened from view in the sole discretion of the ACC on a case by case basis; (c) the ingress and egress of the object does not require a path that encroaches on another Lot Owner's parcel; and (d) if the ACC deems it important to the overall aesthetics of the neighborhood, the ACC can require an area of the Lot demarked as the ingress/egress path to be surfaced with crushed rock, asphalt or concrete and the ACC can require additional landscaping be maintained to enhance the overall appearance of the Lot. (2) Another use that is allowed concerns Lot Owners who have guests visiting them who intend to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the ACC or its authorized representative, for guests to park a vehicle upon the Lot owned by a Lot Owner or the public street adjacent to a Lot for a period of up to 7 consecutive calendar days. The same camper, trailer or other form of recreational vehicle must then be immediately removed and cannot be parked in any area subject to these CC&Rs within the following 50 weeks. The privilege shall only exist, however, after the written permission has been obtained from the ACC or its authorized representative. Violation of this restriction shall result in a $100 per day fine for each day of the violation. The ACC or its authorized representative may give written notice of a violation to the Lot Owner or occupant and the Lot Owner or occupant shall have two (2) days from the date of receipt of the written notice to take whatever actions are necessary to remedy the violation. If said Lot Owner shall not comply within the three-day period, the ACC or its authorized representative is hereby granted the right to remove at the expense of the Owner thereof, any vehicles or similar items which are parked or stored in violation of the terms and provisions Declaration of Protective Covenants, Conditions and Restrictions Page 21 of34 • • hereof. The Lot Owners hereby grant to the Associati6if aild-ilie ACC an express -easement for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of removing any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. No mechanical repair shall be conducted on any Lot unless such repairs are conducted in a fully enclosed garage on the Lot on the Owner's private vehicle. Any such repair activity must be conducted in a manner which is not offensive to persons residing in the neighborhood, is not unsightly and does not result in unusual noise or debris being placed upon the premises. The power of the ACC to remove any inoperable vehicle or motorcycle or other motorized apparatus on which mechanical repairs are being conducted in violation of the terms of the covenant shall be exercised in the same manner as described above, in this Section. Section Fourteen: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. For purposes of this covenant, eaves, steps and open porches shall not be considered a part of a building; provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. Section Fifteen: Roofs. Roofs on all buildings must be finished with tile, cedar shakes or composition roof unless approval for use of other material is granted by the ACC or its authorized representatives. The color of the roofing material must be approved either by !.he Declarant or the Homeowner Association. Section Sixteen: Driveways. All driveways and parking areas shall be exposed aggregate, unless approval for use of another material is granted by the ACC or its authorized representatives. Section Seventeen: Fences and Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the properties shall be approved by the ACC before construction, and shall be substantially similar or in harmony with other fences located on the Properties. Fences are to be constructed of cedar material and shall not exceed 6 feet in height and must be constructed of cedar. Fences can not be erected in the front yard. A backyard fence can not extend beyond the front of the house or garage depending on the respective side the fence is built. Section Eighteen: Residential Use Only: Home Businesses Limitation and Home Office Exception. Declaration of Protective Covenants, Conditions and Restrictions Page 22 of34 • • A. Home Business: Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driyeway parking for not more than three cars, and no trade, craft business, coinmercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any to or within any building located on a lot; nor shall any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored, outside any building on any Lot; nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. B. Home Office: However, the provisions of this Section may be waived in writing by the ACC upon application by a Lot Owner for "home office" use. In drawing a distinction between a Home Business and a Home Office, a Home Office will not adversely impact the neighborhood in the sole discretion of the Homeowner's Association, no clients or customers would visit the home and the Lot Owner would not have any other employees or independent contractors. Such application shall describe the type of home office use to be conducted, the estimated amount of traffic generated and the impact of such activity on the neighborhood. The ACC shall exercise its sole discretion to approve or disapprove such activity, balancing the interests of the Lot Owner with the impact on the neighborhood. Nothing in this Section shall permit the use of a Lot for a purpose which violates law or applicable zoning codes. Section Nineteen: Refuse: No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. No building material of any kind shall be placed or stored upon any Lot until the Owner is ready to commence construction; then such material shall be placed within the property line of the Lot upon which the structures are to be erected and shall not be placed in the street. Section Twenty: Fuel Tanks Prohibited. No fuel tank shall be maintained on any Lot. Section Twenty-One: Excavations. Except with permission of the ACC, or except as may be necessary in connection with the construction of any improvement approved by the ACC, no excavation shall be made nor shall any dirt be removed from a Lot. Section Twenty-Two: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-three: Enforcement. The Association, or the Developer during the development period, may, but is not required to, take any action to enforce the provisions of Declaration of Protective Covenants, Conditions and Restrictions Page 23 of34 • • the Declaration available to it under law, inCluding but nofliniited-to specific perio~ance, injunctive relief, and damages. Any Member may also enforce the terms of this Article, but must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. Section Twenty-four: Restrictions on Use of Cui de Sac, Streets. Common Areas and Open Spaces: Lot Owner will not be allowed to erect basketball goals or place portable basketball goals in any location in front of the house including the cui de sac, streets, common areas, open spaces and/or sidewalks. Basketball backboard/hoop may not be attached to the garage area of the front of the house in the driveway area Bicycle/skateboard/rollerblade/roller-skate/scooter use shall be allowed; however, they cannot be ridden on the sidewalks and cannot interfere with the adjacent property owner's quiet enjoyment of their respective property. Section Twenty-five: Restrictions on Parking: Vehicles of any kind may not be parked in the street and/or in the Cui de Sac. Further, vehicles may not be parked in the front yard. The driveway is not considered "yard." ARTICLE TEN Easements Section One: No Implied Easements. There are no implied easements over, upon or across any portion of the Properties. Section Two: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for said encroachments and for maintenance of the same as long as the encroachments remain. Section Three: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously Declaration of Protective Covenants, Conditions and Restrictions Page 24 of34 -------------------------------------------------------------------------- • • by the Owner of such lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Four: Association's Easement of Access. The Association, the ACC, the ACC and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, repair or replacement of any home or Lot as provided in Article Seven, Section Three of this Declaration which shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in that article arid section; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all cleaning, maintenance or replacement of any home or lot as provided in Article Fourteen, Section Four, which shall also include the right of entry to the interior of any building, to the extent necessary to perform the work described in that article and section; (f) all work necessary to perform Common Services for Maintained Lots; and (g) all acts necessary to enforce these Covenants. Section Five: Easement for Public Service Personnel. An easement for access by police, fire, rescue and other personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public duties. Section Six: Easement for DeveloperlDeciarant. DeveloperlDeciarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Seven: Easement for installation and maintenance of utilities and drainage facilities. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow or drainage channels in the easements. The easement(s) of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE ELEVEN Mortgage Protection Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, Declaration of Protective Covenants, Conditions and Restrictions Page 25 of34 • • regulations or management agreements; the followingpfovisionS shall apply to and benefit each Institutional First Mortgagee (Mortgagee) which holds a mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall" not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive o~ other equitable actions, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mort!!a!!ee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions. of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefore to: (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all Such meeting. Declaration of Protective Covenants, Conditions and Restrictions Page 26 of34 • • Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of fifty-eight percent (58%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE Management Contracts Each Member hereby agrees that the Association and the ACC may enter into such agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN Insurance and Condemnation Section One: Coverage. The Association shall purchase as a Common Area Expense and shall have authority to and shall obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It shall also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association, but shall not be less than $1,000,000 concerning all claims for personal injury and/or property damage arising out of a single Occurrence. It shall also obtain, if available at a reasonable cost, insurance to cover the Board and the ACC, its agents and employees, from any action brought against them arising out of Declaration of Protective Covenants, Conditions and Restrictions Page 27 of34 • • actions taken in furtherance·ofthe Association's duties under t1ii!fDeclaiati()n: FolloWing the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. Costs of insurance obtained by the Developer during the development period shall be a Common Area Expense. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgage's clause and shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (IO) days prior written notice to any and all, insured named therein, including Owners and Institutional First Mortgagees. Section Two: Homeowner's Insurance Required. In addition to the aforementioned insurance carried by the Association, every Owner, at his own expense, shall insure his own Housing Unit against loss or damage by fire or other hazards in an amount equal to the full replacement value thereof, during any construction period and thereafter. Section Three: Fidelity Bond. The Association shall obtain fidelity bonds which shall afford coverage to protect against dishonest acts on the part of officers, directors, managers, volunteers, trustees, and employees of the Association and the ACC or the managing agent and all the persons who handle or are responsible for handling funds of the Association and the ACC in an amount equal to three (3) months assessments on all Lots, including reserve funds. All such fidelity bonds shall name the Association as an Obligee, contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of employee or similar expression, and provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (IO) days prior"Ti.tten notice to any and all insureds named therein; including Owners and Institutional First Mortgagees. Section Four: Replacement. Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any licensed contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. In the event of damage or destruction by fire or other casualty to any Housing Unit, the Owner thereof shall, upon receipt of the insurance proceeds, contract to repair or rebuild such damage or destroyed portions in a good workmanlike manner in conformance with the original plans and specifications of said Housing Unit. Plans and specifications for such damaged or destroyed Housing Unit may be modified and the damaged or destroyed Housing Unit may be reconstructed in accordance with said modified plans and specifications if the Declaration of Protective Covenants, Conditions and Restrictions Page 28 of34 • • Owner of the damaged or destroyed Housing Unit secures the approval of the ACC or the Developer, as the case may be, provided in this Declaration. In the event such Owner refuses or fails to commence such repair or rebuilding within thirty (30) days after such damage or destruction, unless such period is otherwise extended by the Association, the Association is hereby authorized by such Owner, if the Association so desires, to repair, rebuild or clear and clean up any such Housing Unit. The Association shall first obtain an estimate of cost of performing such repair, rebuild or clearing/clean up work as is necessary, such estimate to be performed by a licensed contractor approved by the Board for such purpose. Upon provision of the estimate, the Association may assess the Lot owner for the cost of the proposed improvements, and such assessment shall become a lien in the manner described in Article Nine. Any rebuilding shall be done in a good and workmanlike manner. The Owner shall pay the Association the amount reasonably necessary to perform such repairs and reconstruction, and the Housing Unit shall continue to be subject to the lien for such amount until it is paid in full. The Association may, at any time, enforce its rights as provided in the Declaration for collection of the assessment and foreclosure of the lien. Section Five: Condemnation. If at any time or times during the continuance of the Housing Unit ownership pursuant to this Declaration, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in advance thereof, the provisions of this Section Five shall apply, and notice of the proceedings or proposed acquisition shall promptly be given to each Owner and to each Institutional First Mortgagee. All compensation, damages, or other proceeds there from, the sum of which is hereinafter called the Condemnation Award shall be payable to the Association. The Condemnation Award shall be apportioned among the Owners as directed by the Association who shall fairly and promptly allocate and distribute such Condemnation Award. If the entire property is condemned or taken, ownership in the Common Areas shall terminate. The Condemnation Award shall then be distributed among the Owners in like proportions. ARTICLE FOURTEEN Rules and Regulations The Association andlor its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof. All Lot Owners shall be given written notice of the rules and regulations or the rules and regulations may be posted in a conspicuous place in the Common Areas. Declaration of Protective Covenants, Conditions and Restrictions Page 29 of34 • • ARTICLE F'IF'IEEN Remedies and Waiver Section One: The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association and the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No waiver. The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist in anyone or more instances upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN Benefits and Burdens Run with the Land The covenants, restrictions, reservations and conditions contained herein shall run with the land as covenants real and equitable servitudes and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. After the date on which the Declaration has been recorded, these covenants, restrictions, reservations and conditions may be enforced by the Association or Developer which shall have the right to enforce the same and expend Association monies in pursuance thereof and also may be enforced by the Owner of any Lot. The maintenance covenants for property and improvements detailed in Article Six, Section One may be enforced by the City of Renton. ARTICLE SEVENTEEN General Provisions Section One: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes Declaration of Protective Covenants, Conditions and Restrictions Page 30 of34 • • required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section Two: Severability. The invalidity of anyone or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted. Section Three: These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as hereinabove provided. Section Four: Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Five: Attorney's Fees. Costs and Expenses. In the event the Association employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Six: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when deposited in the United States mail, postage prepaid. ARTICLE EIGHTEEN Amendment and Revocation Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Developer. During the development period, except for amendments affecting the maintenance responsibility for common areas as defined in Article Six, Section One, a. through j., which must be approved by the City of Renton prior to Declaration of Protective Covenants, Conditions and Restrictions Page 31 of34 • • adoption, the Developer may amend this iristn.iment in any ~d 1111 respects including, but not limited to, adding Additional Real Property and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. Section Three: Meeting. Except for amendments affecting the maintenance responsibility for common areas as defined in Article Six, Section One, a. through j., which must be approved by the City of Renton prior to adoption, this Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if fifty-eight percent (58%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if fifty-eight percent (58%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 3.1 Voting rights; 3.2 Assessments, assessment liens and subordination of such liens; 3.3 Reserves for maintenance, repair and replacement of Common Areas; 3.4 Insurance or fidelity bonds; 3.5 Responsibility for maintenance and repair; 3.6 Contraction of the project or the withdrawal of property from the Properties; 3.7 The boundaries of any Lot; 3.8 Leasing of Housing Units other than as Set forth herein; 3.9 Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; Declaration of Protective Covenants, Conditions and Restrictions Page 32 of34 ------------------------------------------------------------------------------ • • 3.10 Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 3.11 Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 3.12 Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 3. \3 Any provisions which are for the express benefit of Institutional First Mortgagees. Section Four: Effective Date. Amendments shall take effect only upon recording with the Recorder of King County. Section Five: Protection of DeveloperlDeclarant. For such time as Developer shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: a. Discriminate or tend to discriminate against the Developer's rights. b. Change Article I (Definitions) in a manner which alters the Developer's right or status. c. Alter the character and rights of membership or the rights of the Developer as set forth in Article III. d. Alter its rights as set forth in Article X relating to architectural controls. e. Alter the basis for assessments, or the Developer's exemption from assessments. f. Alter the number or selection of Directors as established if in the Bylaws. g. Alter the Developers rights as they appear under this Article. Declaration of Protective Covenants, Conditions and Restrictions Page 33 of34 • • IN WITNESS WHEREOF, the Decl~t has h~~unto set its hand this /5' day (iMfI ,2006. -of Norris Homes, Inc., a Was BY:~~I-:-LJ..~L4-r..L~~t1toO~ __ Jo STATE OF WASHINGTON ) )§ COUNTY OF KING ) On this ~ day of ~ , 2006, before me, the undersigned, a Notary Public in and for the Stat~ hington, duly commissioned and sworn, personally appeared John Norris to me known to be the President of Norris Homes, Inc., the corporation that executed the foregoing instrument, and 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 they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Declaration of Protective Covenants, Conditions and Restrictions aiA U If fJU~ i<JMMn ::-CPri:-nte-=-d Name: i!HJU Cl luanA fJlLm 1/ NOTARY PUBLIC in and for ~~e of Washingt~n, .residin~ at pl/1Jdl~l2 My commiSSIOn expires: .., "'-d71-1f1 Page 34 of34 DATE: TO: FROM: SUBJECT: • • CITY OF RENTON PLANNINGIBUILDING/PUBLIC WORKS MEMORANDUM April 27, 2006 Bob Mac Onie Sonja Fesser, Technical Services Juliana Fries, X 7278 JERICHO FINAL PLAT LUA 05-137 FP SOUTH OF NE 4TH STREET & WEST OF JERICHO AVE NE FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Approval: cc: Yellow File 1(J~Ofo Robert T. Mac Onie. Jr. PLS Name Title Date Mapping Coordinator ( \}n1J~ ) ff . \ 1, t. on ,It J -4-/28/0(:.- Name Ti Date I..tarE= : Af'pP.oVAL 1,::/ WB-Jt:crTo THE A""I1A.cH:El= HElv1o. DATE: TO: FROM: SUBJECT: • • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April 27, 2006 Juliana Fries Sonja J. Fesser # Jericho Estates Plat, LUA-OS-137-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: See the attachment for circled items that need to be corrected (Sheet 2 of 3). To each reference to "VACATION NO. V AC-05-U05" in the plat submittal, add the words PER KING COUNTY REC. NO. 20060323000734. There are at least two references -one is in the legal description for "PARCEL C" on Sheet 2 of 3, and the second is on the plat drawing on Sheet 3 of 3. Comments for the Project Manager: If the City Council has not approved this plat to date, then ask the applicant to provide you with an updated Plat Certificate (for your use and information). \H:\File Sys\LND -Land Subdivision & Surveying Rccords\LND-lO -Piuts\0414\RV060427.doc I ,-~'.; .• _:> . (;' .:_;:. s~~::~~~t.. ;~, ' :"'~ _' ~ -._.;,~. ~:~, i ' '"'':' _ ... _ ... ,_ ...... , ..... ~ ... \"'" ... "" ",,,,""'c.";J "ILL ~t. uIMtN~rONED ON PLAT). LOT CORNERS OR STRE~~ONUMENTS NOT SET AT l)jE TlIAE OF PIAR.. ECORDING SHALL BE BONDED FOR AND S9 BE SET AS CONSTRUCTION" IS COIAPLE1'tIII' 4) THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROfiLE ON fiLE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. f!'~:.t::·S) TRACT ~A~ IS .... STOR", WATER DETENTION/ WATER QLlAUTY POND, HEREBY CONVEYED TO '~"}¥~ft.~!H:. J~IC'1~.j.£STAT~~~:HO"'EOWNE;S·t'~~~OCIATION UPON. RECORDING OF THIS PLAT. 'i~I;,.'(/8)'fti£PA;VAT£ ACCESS AND UnUTY E'ASEMENT WITHIN LOTS' 1.9 AND'21 SHALL BE FOR '.' ,.!,:~ .. 'llIE BENEF'1T OF LOTS, 21 AND 22. LOTS 21 AND 22 SHALL' ~VE RESPONSIBILITY FOR '.':";""'.: MAINTEN4NCE OF llIE PRIVATE ACCESS E'ASEMENT APPURTENANCES, llIESE APPURTENANCES :.-i' AND MAINTENANCMONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS ~'.. EASEMENT, PRIVA NAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 7) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 15, 16, 23 AND 24 SHALL BE FOR THE BENEFIT OF LOTS 23 AND 24. LOTS 23 AND 24 SHALL HAVE RESPDNSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE Ra'BIUTIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCES RAOD. DRAINAGE PIPES. AND STORM WATER FACILITIES WITHIN THIS EASEMENT. PRIV NAGE. AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 8) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS II, 12, 25 AND 26 SHALL BE FOR THE BENEFIT OF LOTS 25 AND 26. LOTS 25 AND 26 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE R~BILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCES 0 DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT. PRIVA S GNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQLlALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 9) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 27, 28, 31 AND 32 SHALL BE FOR THE BENEFIT OF LOTS 27, 28 AND 29. LOTS 27, 28 AND 29 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENA~SPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVA GNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQLlALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED. UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 10) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 30. 31. 32, 33. 34. AND 35 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 30, 31. 32, 33. 34 AND 35 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENA~SPONSIBIUTIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS RAOD DRAINAGE PIPES. AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIV NAG£. AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 11) LOTS 1 THROUGH 26 AND TRACT· A" HAVE A ZONE DESIGNATION OF R-8. 12) LOTS 27 THROUGH 35 HAVE A ZONE DESIGNATION OF R-l0. 13) ALL BUILDING DOWN SPOUTS. FOOTING DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMITIED WITH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. 14) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON FOR PUBLIC TRANSIT TURN-OUT ACCESS OVER A PORTION OF LOT 26. 15) THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON THE PLAT SHALL BE OWNED, OPERATED, AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION CREATED FOR THIS PLAT. THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW. ·, Printed: 05-\9-2006 Payment Made: • CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA05-137 05/19/200601 :25 PM • Receipt Number: Total Payment: 37,880.52 Payee: NORRIS HOMES 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 51991 37,880.52 Account Balances Amount 16,984.32 15,616.00 5,280.20 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 R0602544 DATE: TO: FROM: SUBJECT: • • PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM February 28 2006 Jennifer Henning Juliana Fries Jericho Final Plat -LUAOS-137 -2nd review Please review the attached revised final plat map. I intend to take this project to Council for approval on March 20. Please have any comments back to me by March 17. c:\hard work\jcricho plal\closc _ out\memo _planner. doc • December 7, 2005 Norris Homes, Inc. C/O Centurion Development Services Attn: Mike Romano 226l7-8th Dr. SE Bothell, WA 98021 • King County Water District No. 90 13606 South casl 128th Street Renton. Washington 98059-4540 Phone: 425-255-9600 F:~:c <1-25-?77-.l128 RE: Substantial Completion of Water Mains and Hydrants -Jericho Plat -City of Renton Construction Permit # U050100 Mr. Romano: District staff has reviewed the Jericho Plat Water System and found that the water mains are in and the hydrants operational within the plat. Therefore, this letter is to inform you that the water mains and hydrants have been installed to the Districts satisfaction. If you have any questions on this matter, please give me a call. S.ifJer ly, . m i~j .~ (~ {&V-------· M31A31:J Nlfld o.3Jll 1 1 ~d\f Thomas N. Hoffman General Manager, KCWD 90 cc: Mike Romano, Norris Homes, Inc., C/O Centurion Development Services Z:\Developer Extensions\Substantial Compiction\Jericho Plat 1207 OS.doc • DATE: TO: FROM: SUBJECT: • PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM May 22, 2006 File Juliana Fries x 7278 JERICHO -TRAFFIC MITIGATION FEE LUA OS-137-FP As part of the development of the Jericho Plat, the City of Renton (Transportation Division) requested the developer to: I -Install improvements for the bus pull out -this included re-design of the intersection, re-design of the landscaping, grading and installation of pavement. The estimated cost was $10,370.00. The actual cost is $ 7,660.30 (see attached invoices) 2 -Reconstruction of the intersection at NE 4th St and Jericho Ave NE. This included the removal of the curb and gutter, re-grading and installation of pavement and relocation of the curb and gutter. The estimated cost was $10,027.50. The actual cost was the same (see attached invoice). It was agreed that the costs of the above items are to be deducted from the Traffic Mitigation fees (see attached documentation). f • .. , DATE: TO: FROM: SUBJECT: • lVAOS-151 • PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM February 23, 2006 Neil Watts, Development Services Director Peter Hahn, Transportation Director Karl Hamilton, Transportation Operation Manager Juliana Fries, x-7278 Jericho Plat -LUA 04-031PP -LUA05 -137FP Cost estimate for the reconstruction of the curb/gutter and pavement at the intersection ofNE 4th Street and Jericho Ave NE Attached is the cost estimate for the reconstruction of the curb/gutter and pavement at the intersection ofNE 4'h ST and Jericho Ave NE. We have had several meetings with the developer (Centurion Development Services) and Transportation staff. This estimate includes all costs related to the reconstruction. If the estimate is acceptable, the amount will be deducted from the traffic mitigation fees for Jericho plat (due prior to recording of the plat). Please review and if the cost estimate is acceptable, sign below and return this form to me. Neil Watts Cc: Kayrcn Kittrick LUAUS-137 Peter Hahn CENTURION DEY SYC • CENTURION DEVELOPMENT SERVICES 22617-8th Dr. SE. Bothell, W A 98021 FAX COVER SHEET DATE: February 20, 2006 TO: City of Renton FAX: ATTN: JUliana Fries FROM: Mike Romano Phone: Fax: 425-430-7231 425-486-2563 425-486-3273 RE: Jericho Plat -Estimated Jericho/NE 4'" Comer Revision Costs Number of pages including cover sheet: 2 Message: Juliana, ~OOl Attached please find the referenced cost estimate. Please be advised that this is only an estimate based on estimated quantities. Final costs may vary somewhat. Please review and let me know as soon as possible if you wish to proceed. A note to me on City letter head with your authorization will be sufficient. Please review and let me know if you need additional information or have any questions orconcems Thank you. MJR CENTURION DEY SVC. IaJ 002 JERICHO PLAT NE 4TI-1 AND JERICHO CORNER RECONSTRUCTION ITEM qUANTITY .!lli!! PRICE AMOUNT REMOVE/DISPOSE EXISTING CURB 75 LINEAl FEET $12.50 $937.50 SAWCUTIREMOVE ACP AT TAPER ENDS 1 LUMP SUM $1,500.00 $1,500.00 SUBGRADE PREP LUMP SUM $600.00 $600.00 VERTICAL CONCRETE CURB 75 LINEAL FEET $30.00 $2,250.00 CRUSHED ROCK BASE FOR ROAD AND CURB 8 TONS $25.00 $200.00 ASPHALT CONCRETE PAVEMENT 8 TONS $180.00 $1,440.00 TRAFFIC CONTROL 1 LUMP SUM $1,500.00 $1,500.00 CONSULTANT COORDINATION 1 LUMP SUM $600.00 $600.00 CONSTRUCTION SURVEY/STAKING 1 LUMP SUM $1,000.00 $1,000.00 TOTAL $10,027.50 CEN'l'UK ION UEV ~ VC ~ : EXIST • c:::=J1• • ~ ..... 1D_DL1.cH.. 1____________ ::-:~~E~ -----_ ... ----~ ----- . 64.]4' . , , CPEP 0 2.0X . , " #HEEL CHAIR RAMP (TYP O.R. DET NO.F~·O.6_.-AL"" " ," I I 21 \ \ , \ " I ." 21 // STA 0+45,..,16' RT ~\ __ ----/ "· ...... ..m.STALL:· I.:t . CATCH BASIN N .. (}'/7A-TYPE-1 -------., I ~l' . (SEE C.O.R. D,E.1AIL NO. 8-01) : , g I .( I . ~ , " I ~ m R~~ , I , I , I , , • • Kathy KooIker, Mayor February 23, 2006 Michael Romano Centurion Development Services 22617 8th Drive SE Bothell, W A 98021 CIT~F RENTON PlanninglBuildinglPublic Works Department . Gregg Zimmerman P .E., Administrator SUBJECT: JERICHO PLAT-LUA 04-031PP -LUAOS-137FP RECONSTRUCTION OF THE CURB/GUTTER AND PAVEMENT AT THE INTERSECTION OF NE 4TH STREET AND JERICHO AVE NE . Dear Mike,· The Development Sei"vices Director, the Transportation Director and staff reviewed the cost estimate you submitted on February 20, 2006, for the NE 4th St and Jericho Ave NE curb/gutter replacement and additional pavement at the intersection. The cost estimate of$10,027.50 (ten thousand twenty seven dollars and fiftY cents) for the reconstruction of the curb, gutter and. additional pavement at the intersection was accepted. This amount will be deducted from the traffic mitigation fees due for th~ Jericho Plat. If you have any questions please contact me at 425-430-7278. Thank you for your cooperation . . Sincerely, .~'\ 1 i!l! a'· ,. '£ [. ~(./-" (: liana Fries, . : \ ngmeer Development Services Division cc: Kayren Kittrick Lua 05.13 7fr -------------I-O-55-S-0-u-th-G-r-ad-y-W-a-y---R-e-nt-o-n,-W-a-s-hi-n~--on--9-80-5-5-------------.~ AHEA[) OF THE CURVE -"'A'2nnR 12: 12 FAX 425486327 ------- :J. EXIST. ro_orr.a:L· . ----------- ------ . 64.}4' , , CPEP 0 2.0% . I . . iHEEL CHAIR RAMP (TYP O,R. DET NO._.E~·Q.6.,-AL I • ," .-,.-. ..... I 21 IF .. -----..:-~, 71 S.F\ NECESS¢, .,------'\ I 6" 'Pvc...Boi..LYARD DR~IN' .\ I, r--I STUe OUT,'·· . I. E. =436.,05 . .' I-H 0 I . /' :1', I 'I' ;:: r-.--_ :-- ./ r,.,D ~ • . ' i/· ~fI~B -88·-22'1r1' W 89.26'"" ---~ ----------. - - ---------"""11.1:--1 . \ --·69.26' \ \ , , . t I . ~UUl ... 2 ~/~ STA 0+45,..,16· RT . ~\ -,," .It..ISTALLo . I .,...'t· ._----' . . ~""...,..,. . . . CATCH BASIN N,,(>./7A-TYP£-f ----__ , I fll\ (SEE C.O.R_ D~1AIL NO. 8-01) : , g I , I I , , , I , - I , NOR~IS H o M E s • 2053 Faben Orive Mercer Island. WashingtDn 88040 Tel 2011.275.1901 Email norrishomesOOhotmail.com . . " nor r ish 0 m e sin i: . com Where Dreams Are 5U1lt May 15,2006 TO: City of Renton lOSS S. Grady Way Renton, W A 98055 Attn: Juliana Fries INVOICE #218 RE: NE 4'h STREET AND JERICHO AVE. CORNER RECONSTRUCTION ITEM qUANTITY UNIT PRICE AMOUNT LINEAL REMOVE/DISPOSE EXISTING CURB 75 FEET $12.50 $937.50 SAWCUT/REMOVE ACP AT TAPER ENDS 1 LUMP SUM $1,500.00 $1,500.00 SUBGRADE PREP 1 LUMP SUM $600.00 $600.00 LINEAL VERTICAL CONCRETE CURB 75 FEET $30.00 $2,250.00 CRUSHED ROCK BASE FOR ROAD AND CURB 8 TONS $25.00 $200.00 ASPHALT CONCRETE PAVEMENT 8 TONS $180.00 $1,440.00 TRAFFIC CONTROL 1 LUMP SUM $1,500.00 $1,500.00 CONSULTANT COORDINATION 1 LUMP SUM $600.00 $600.00 CONSTRUCTION SURVEY/STAKING 1 LUMP SUM $1,000.00 $1,000.00 TOTAL DUE $10,027.50 Tenus: Total to be credited against Jericho Plat traffic mitigation fees per City of Renton Letter dated February 23. 2006. " -" I • CIT~F RENTON Kathy Keolker-Wheeler, Mayor Planning/BuildinglPublicWorks Department Gregg Zimmerman P.E., Admin,istrator April 26, 2005 Michael Romano Centurion Development Services 22617 -8th Drive SE Bothell, W A 9820 I SUBJECT: JERICHO PLAT LETTER OF UNDERSTANDING NE 4TH STREETIHOQUIAM AVE NE INTERSECTION Dear Mr. Romano: Thank you for your willingness to collaboratively work with the City to achieve additional transportation improvements to the subject intersection, thereby contributing to the long-term viability of the East Renton Plateau area and neighborhoods. ' It is our understanding that you are willing to provide an easement OIi Jericho Plat 10,t 2~ (SE comer of the subject intersection) to accommodate a bus pullout. The easement and bus pullout will be as detailed in the March 4, 2005, letter to you from Juliana Fries, City of Renton Development Services Division. ' In exchange for the above described easement, the City is willing to reduce the existing Hoquiam Ave NE 30' right-of-way width within the Jericho Plat, as shown on the King County Assessor's quarter-section map, to a 25' right-of-way, a reduction ,of 5'. With this reduction, the right-of- way width fronting lots 27, 32 and 33 will be 25' rather than the 30' right-of-way currently shown on the Preliminary Plat Plan. The City will pay fair actual costs associated with the additional pavement on NE 4th Street for the eastbound far-side bus pullout, and fair additional engineering and consulting costs necessary to include the bus pullout. The public easement for the bus pullout will be shown on the face of the Jericho plat (a separate easement document will not be required) and become effective with the recording of the plat. The execution of the public easement and reduction of the Hoquiam Avenue NE right-of-way will be adopted as part of Council approval of the Jericho Final Plat. By signing this letter of understanding, all parties agree to continue pursuing the inclusion of a far-side bus pullout at the subject intersection by the process and concepts stated above. If you agree, then please sign and return both copies of this letter. The City will then execute both copies and return one original to you for your files. ' Again, thank you for your cooperation in this matter. ------------~IO~5757S0-u~th~G-ra~d-y~W~a-y~-R~e-n-to-n-,w~as~h~in-g-to-n~9~870~55~-----------'~ * This paper contains 50% recycled materia!, 30% posl consumer AHEAD OF THE CURV.E Michael Romano • Centurion Development Services April 26, 2005 Page 2 Re: Jericho Plat Bus Pullout Sincerely, TRANSPORTATION SYSTEMS DIVISION Sandra Meyer Director • The following parties agree to continue pursuing the inclusion ofa far-side bus pullout at the subject intersection by the process and concepts detailed in the first page of this letter. i' <,C, ". ./ .~:: :::-,:". '".,-. .. ,-.."..".,~--------~-".:',-' ~-,-. ,:"\. Neil Watts" . . Development Services Director Date Attachment (I): March 4, 2005, Letter willl Attachment to Michael Romano on ·the reverse side . . . . . . cc: . Gregg Zimmerman, P/B/PW Administrator KayrenKitirick, Development Services Engineering Supervisor Juliaria Fries; Engineer, Developme~t SerVice~ . . Nick Afzali; Transportation Planning & Programming SupervisOr Bob Mahn, Transportati!>n Planning & Programming Keith Woolley, Transportation Planning & Programming File .. . H:\TRANS\PLNG\RLM\R.EVlEWS\200s .Jeric~ PIal t.et.ter orund~tarlding (4119) ooe .. - -~ ~ Katby Keolker-Wheeler, Mayor March 4.2005 Michael Romano • Centurion Development Services 22617 -8th Dr. SE Bothell. WA 098021 CIT~OF RENTON PlanninglBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator RECEIVED MAR 082005 Transportation Systems Div. , SUBJECT: EASEMENT REQUEST FOR A BUS PULLOUT AT THE INTERSECTION OF HOQUIAM AVE NE AND NE 4m STREET (JERICHOPLAT SITE) " Dear Mike, , As we discussed in our meeting on December 7. 2004, a traffic signal will be installed at the , intersection of Hoquiam Av~}Iffi andNE 4th street. Transportation Division's plans for the NE 3'" -4th Corridor Improvements'includes an eastbOlmd bus pullout at this intersection. Unfortunately we do not have enough Right-of-Way to accommodate:the newbus pullout. The City understands that you are willingt~ negotiateJor an easement over a portion of your property for the bus pullout. To support thislius pulloui, we are requesting an 8-foot wide (tapered 'at the east' end) easement, along the' northern portion of proposed lot 26 to accommodate the, pullout. The easement length is approximaiely 105-foot~ TheS feet wide easementincludes a 4.5- foot sidewalk and a 3.5 feet landscape area between the sidewalk and the ferice. See attached sketch for easement radius, width and length. The easement area (bus pullout) will be maintained by the City ofR~ton. ' " ' The required setback·for Lot 26 ofJericho plat remains the same as originally approved. The new easement does not affeCt the setback from the North property line. Please let us know if we can arrange a meeting'to further discuss this easement. Please contact me ' at 425-430-7278. Sincerely, ' cc: Bob Mahn -TranSportation Engineer Kayren Kittrick -Engineering Supervisor Keith Wooley -Transportation Engineer Sandra Meyer -Transportation Systems Director -------------]-O-55--So-u-t-h-a-ra-d-y-W-a-y-.-R-e-nt-o-n,-W-a-s-h-in-g-to-n-9-8-0-5-5-------------~ * Thispapercontains 50% recycled material, 30% post consumer AIIEAD OF THE CURVE • 1--.j -~ .• , I I- J .~ .:;j :s ~ , \/I :s eo ...... I I I \ -' ,,,-,, .. ' .. --" ..... ----~ ----T I I I I I I .... ' I 1 I I I I J I I . 1 I I , I • __ .-L ....... -------...... ~I--==-±~ , I I , I I I . I --,' I I I I , L.--~ \, .'.:>0,_. 2::> :I'J ~ . ~ t:" l --"'" £.!.2£98I7S2171:01 .,' . J z '. rn l~ ~ ..+-1-1 +1+ • •• . . • DATE: TO: FROM: CITY OF RENTON MEMORANDUM June 17, 2005 Sandra Meyer Karl Hamilton Juliana Fries x 7278 • RECEIVED JUN 21 2005 Transportation Systems Div. SUBJECT: Jericho Plat -LUA 04-031 Cost estimate for the design and construction of the bus pull out on the south side on NE 4th Street at the intersection of Hoquiam AveNE Attached is the cost estimate for the bus pull out design and construction on NE 4th St, at the intersection of Hoquiam Ave NE. As you may be aware, we already had several meetings with the developer (Centurion Development Services) and I believe this estimate includes his fees. If the estimate is acceptable the amount will be deducted from the traffic mitigation fees for Jericho plat (due prior to recording of the plat). Note that in the fax cover sheet, the developer advised that this is only an estimate and that tinal costs may vary somehow. Please review and if the cost estimate is acceptable, sign below and return this fonn to me. Sandra Meyer cc: PLfW ..... \>-l~ t\-~p., 14L ~'j'~$ (~:3>fD, 00 A-«e.fT Th~\ THIS C~T <>r{{'(fl-V Be ~ IlHc O~\f~EK... ()""-hJ,. Kayrcn Kittrick ~~-\ ~'1 '-7 ~ il \;) ... f ~<:t"11<~A€:N7~ . C\llaro workVericho Plat\M EMO Karl_BUS-PULL OUT. doc \cor N\eK A-F-~l..~ 6[~\, oS- 06/17/2005 12:14 FAX 4254863273 CENTURION DEV SVC .~ 4It CENTURION DEVELOPMENT SERVICES 22617-8th Dr. SE. Bothell, W A 98021 FAX COVER SHEET DATE: June 17, 2005 TO: City of Renton FAX: ATTN: Juliana Fries FROM: Mike Romano Phone: Fax: RE: Jericho Plat -Estimated Bus Pull-Out Costs Number of pages including cover sheet: 2 Message: Juliana, 425-430-7231 425-486-2563 425-486-3273 Ii!I 001 Attached please find the referenced cost estimate. Please be advised that this is only an estimate. Final costs may vary somewhat. As soon as you are able, please let me know if it's OK to have Jim start on the redesign. Once that is done 1'1\ have the landscape architect revise the landscaping plans. Please review and let me know if you need additional information or have any questions or concerns Thank you. MJR ~. :~~17/2005 12:14 FAX 425486~ CENTURION DEV SVC • JERICHO PLAT ESTIMATED BUS PULLOUT DESIGN AND CONSTRUCTION COST NE 4TH AND HOQUIAM AVENUE ENGINEERING JIM JAEGER ENGINEERING LANDSCAPE REDESIGN HARMSEN ASSOCIATES CONSTRUCTION ROUGH GRADE FINE GRADE ASPHALT CONCRETE STREET PAVING/BASE CHANNELIZATION PROJECT MANAGEMENT CENTURION DEVELOPMENT SERVICES (INCLUDES TIME SPENT TO DATE) ESTIMATED TOTAL BUS PULL OUT COST 1 LS $2,000 1 LS $1,500 127 LF $1.35 105 SY $2.77 105 SY $33.60 1 LS $300 16 HRS $130 G!I 002 $2,500.00 $1,500.00 $171.45 $290.85 $3,528.00 $300.00 $2,080.00 $10,370.30 ---~-----• • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 02, 2005 TO: FROM: JUli£j!'ries, Plan Review Boli Mahn, Transportation Systems SUBJECT: Jericho Plat (LUA 04-031) This memo describes the bus pullout requested by Transportation Systems at the southeast comer ofNE 4th Street and Hoquiam Ave NE. We request that you review the information contained in and attached to this memo and, if in agreement, please transmit to the appropriate representative(s) of the Jericho Plat. Background .:. The Jericho Plat will be developing the south approach to the 4th/Hoquiam intersection . • :. The Transportation Division will be signalizing this intersection . . :. The draft NE 3rd_4th Corridor Improvements plan for an eastbound far-side bus pullout at this intersection . • :. Hearing Examiner conditions for this plat include landscaping requirements . • :. The Jericho Plat layout accommodates setback requirements. Bus Pullout Accommodation .:. In order to accommodate the bus pullout, we request an easement fully contained in lot 26, located in the SE quadrant of the 4th/Hoquiam intersection . • :. As shown on the attached drawing, the proposed easement is 8', with a 20 radi us at the west end of the lot and a taper at the east end of the lot. .:. There would be a 3.5' landscape strip back of the sidewalk along the length of the bus pullout. Traffic signal appurtenances would be placed in the landscape strip around the southeast intersection radius . • :. Building setbacks would not be affected . . :. The building north side yard width would be 7' . . :. The sidewalk would be closer to the lot 26 building, however the NE 4th Street travel lanes would not be any closer to this building. Juliana Fries January 25, 2005 Page 2 • Re: Jericho Plat (LUA 04-031) • It is our understanding that the Jericho Plat plans can be revised to reflect the bus pullout as described above. Payment/mitigation for the accommodation of the bus pullout will need to be resolved. Attachment: "Bus Pullout Layout @ SE Comer NE 4th StlHoquiam Ave NE Intersection" cc: Nick Afzali Karl Hamilton Keith Woolley File H:\TRANS\PLNG\RLMlREVIEWS\200S Jericho I'lat, LUA 04_03 I Ma~ 16 06 09:31a JArGER ENGINEE'ING 9419 s. 204 PLACE -KENT, WASHINGTON 98031 PHONE (253) 850-0934 FAX (253) 850-0155 May 15, 2006 Norris Homes C/o Mik:e Romano 2053 Faben Drive Mercer Island. WA. 98040 INVOICE Project: Jercho Plat -CRy of Renton Engineering services provided as requested to revise the engineering plans to include a Metro bus stop "pull-out. Work: included plan revisions, meetings at Cify, coordination with City's consultant and submittals to Cify. Work was performed from January through September. 8.5hours Engineering fee: $850.00 TOTAL DUE $850.00 Payment due upon receipt of this invoice Thank You NT 0 ...... , SVCS. CE . t;."'~ __ APPflO\!E< _ 1(, -!?h.. DATE- p. 1 • I'iARMSEN & ASSOCIATES, INC. 17614 W. Main Street PO Box 516 Monroe. WA 98272-0516 Phone -360-794-7811 Fax -360-805-9732 To: Centurion Development Services Michael Romano 22617-8th Dr. SE Bothell, W A 98021 • Invoice Number: 28536 Invoice Date: August 23, 2005 Due Date: Due in 25 days Project: 04-238 Centurion -Norris Homes, Jericho Plat Pr~ject Manager: Kevin J. Teague Bill Group Manager: Billing Group: 03 Changes for Bus Pullout Professional Services 50 I Landscape Design $440.00 $440.00 Total Current Invoice Charges: $440.00 Aller 9/22/2005, Total is: $446.601 CENT, DEV. 515. APPROVED 11 ~ DATE .-.!f!,;-,!:.tf",,-..;.,:/):--- Fom, 1501 11123/19% Rc .. Kl2312U(J~ • HARMSEN & ASSOCIATES, INC. 17614 W. Main PO Box 516 Monroe, WA 98272-0516 To: Centurion Develooment Services 22617 -8th Dr. SE Bothell, W A 98021 Project: 04-238 Centurion -Norris Homes, Jericho Plat Manager: Kevin J. Teague Billing Group: 03 Cost Plus Professional Services ill Landscape Design Kevin 1. Teague -Landscape Architect revisions to drawings per client -ADDITIONAL SERVICES Total Professional Services il -ne -B hng ocumentatIon Invoice Date: August 23,2005 Date Bill Hours Bill Rate Charge 8/412005 4.00 110.00 $440.00 4.00 $440.00 4.00 $440.00 ._------------------------ Invoice • Feiltu'rion:Qevelopment ~E!rviCes ,:' .'~I . r .';/;:.'. c • __ ~,; '. -.. -,' " , , ' .. ' ,1-·1 . , ., ~2617'8th'[)r,SE.., 'J . ~. l '("--.;. ;:"';.~ ",'''' ,!:: .. :ti;_,;?'" .~,~. 1 ,. '"';'.. ' • ,,J':. :~. : " '. _.~ • .: ~thell"" ".< .;, ,I'fNA':'1~802h";'" ,·;1 f.'h0n,~; k425)~86c25631~.. .],' '",",: 'J' Fax: (425)486c25631" ~ ; ';', , .;;" ",' I ,.". -' , , ! i' ., .. )'., _~ ~:,'"::,,.,:~~,0l._'S.:; __ ·2 .. 1.· ': -~ ~,;i ,',~,~,~-, Item Description • Invoice Date: Invoice I'*irmer: Due Date: BilUng Terms: Norris Homes, Inc. 2053 Faben Drive Mercer Island WA 98040 Jericho -Eng/Construction' , M~u:iage~Bus'; PullOut Negotiaiioris,' Plan;Revisions·and Construction Hours 16 Rate 130 SubTotal: Tax: Total: I. 5/15/200~ 971! 5/30J200~ .Netl~ Total 2,080,00 2,080,00 0.00 2,080.00 MAY-H-2006IPRI) 05:'j0 Stripe Ritel Inc. 1813 137th Ave E Sumner, WA 98390 PO Box 1724 Auburn, WA 98071-1724 Phone # Fax # 253-833-0484 253-863-3120 BILL TO CENTURION DEVELOPMENT SERVlCES 22617 8TH DR SE BOTHELL, W A 98021 \~AXI' tibl ll~U r. UUl/UU4 Invoice DATE INVOICE # 5/19/2006 11573 PROJECT SHIPPED TO JERICHO PLAT RENTON, WA ATTN:MIKE ROMANO PO.# TERMS ESTIMATOR I DATE WORK COMPLETED 06-0465 Net 30 BM QUANTITY DESCRIPTION ···PAVEMENT MARKINGS··· 1 LUMP SUM -BUS PULL OUT Please remit to above address. 5/1112006 PRICE EACH 300.00 Total CENT. DEV. SVCS. APPROVED ,It pf DATE S -I'?~ t7'b AMOUNT 300.00 $300.00 05/16/2006 10:05 ,,4.. . 3605631. 4 utI~ .,ateill., lno. 12126A Tl'808ti Road Snohomish. WA 98290 380-583·9249 BILL TO NorII8 Homes. Inc. 10!13 F....., OrNe _,-' WA D8040 -. NE 4th a Hoqulum Ave bus pullout ITI!.M TAM Rough Grade TaM FlneONde TaM Aapha/I Pa\rIIlo Th4nk you lor your bu_. DESCRIPTION CENT. DE'/. SVCS. APPROVED /.JCIL DATE £-1 S-Ob UTILITY SYS~ PAGE 02 Invoice PROJECT/JOB TERM8 Net 10lIl aTY UNIT UNIT PRICE AMOUNT 127 LF us 171.48 105 BY 2.n 290.115 105 8Y 33.38 3,802.80 8111<bllola. ta,_.10 Sa_Tp (U", $0.00 Total e3,ll85.10 J£~'cH-O V,il-iT'j H I'£Cf.f - P(..Ar ~,/(7l!M ~ I liVe.. 0e0crfptI00 ~ 3121/2006 Man:h '06 BIlling Page 4 • Michael Romano Norris Homes, Inc. clo Centurion Development Services 22617 8th Drive Southeast Bothell, Washington 98021 SUBJECT: OFF-SITE DEFERRAL JERICHO PLAT 355 JERICHO RENTON, WA Dear Mr. Romano: CIT~F RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator On March 9, 2006, the Development Services Director reviewed your application and granted your request for deferral of the installation of two street monuments and the final two-inch lift of asphalt within the plat on NE 3rd Place and Hoquiam AveNE until· October 31, 2007. A security device in the amount of$27,645.00 must be posted with the City of Renton. This securitydevice is 150 percent of the estimated cost of the deferred items. Per your request.in your letter dated May 5, 2006, the City has also agreed to defer repairs to existing sidewalks arid/or curbs. These repairs are also deferred until October 31, 2007. The estimated cost of this deferral is $3000.00. The City is in receipi of your bond in this amount and will process it accordingly. The City requires that you maintain protection of the catch basins and monitor the protection to ensure the system is functioning properly. If you have any questions or need additional information, please contact Jan lilian, Engineering Specialist, at (425) 430-7216. !t~ Linda Moschetti Administrative Secretary II PlanninglBuildinglPublic Works LM:lsm cc: Gregg Zimmerman, PIBIPW Administrator Neil Watts. Development Services Director Jan lilian, Engineering Special ist Juliana Fries. Engineering Specialist Carrie Olson, Office Assistant _____ F_i1_e -l-O-SS-So-u-th-G-r-ad-y-W-ay---R-e-n-to-n-, W-as-h-in-gt-on-9-S0-S-S------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CUR.VE I • • 22617-8'· Dr. SE BotheD. WA 98021 CENTURION DEVELOPMENT SERVICES Jan lilian, Coordinator Development Services Division City of Renton 1055 South Grady Way -6"' Floor Renton, WA 98055 May 5, 2006 RE: Jericho -Request to Revise Deferral LUA -05-137 FP Dear Jan: ' . (425) 486-2563 OFF (425) 486-3273 FAX On behalf of our client, Norris Homes, Inc., we request that our previous approved deferral dated March 9, 2006 be amended to include three items from the City's punchlist dated 4/26/06 (copy attached). The items to be deferred involve minor replacement or repairs to existing interior concrete sidewalks and/or curbs in three locations. As you know, we are deferring the interior top lift of asphalt paving until after the homes are built. We anticipate that during home construction it is likely that there will be additional damage to curbs, gutters and sidewalks as a result of homebuilding operations. Prior to installation of the final lift another inspection will occur and a new punchlist will be generated. All broken concrete sections that show up at that time, including the three locations to be deferred will then be replaced. We have discussed this issue with the City Inspector, Mark Weatherbee, and have agreed that the total value of the existing broken concrete repair work to be deferred is $3,000. Based on the above we request that the City agree to a bond amount increase from $27,645 to $30,645. Please call me at (425) 486-2563 if you have any questions or require add~ional information. Thank you in advance for your attention to this matter. Enclosure Sincerely, CENTURION DEV OPM~RVICES ?'~ Michael J. Romano Project Consultant "Let us take the load." - - -_.--_.--------------------------- ,MAY-02-2006 12:08 • 425 430 .7231 4, CITY OF RENTON MAINTENANCE ADMINISTRATION SECTION "W ALK-THRU" INSPECTION PUNCH LIST" DATE: 04/26/2006 m: Kayren Kittrick FROM: Bill Wressell 'RomCI NAME: Jericho Plat Ir- INSPECTOR; Mark Wetherbee ..<. Remove plastic covering on all truncated domes before someone slips P.02 .2,. RimJps ~ ~IB 1" & IIoqBi .... need .0 1 Bllvaek--j'J of p""-f£~. 3, Hump in gutter south of curb ramp west side of 4111 & Hoquiam J""1/":/7,-l.~ 1_./ h/Kk. 4. Broken gutter and driveway west side of Hoquiam, 60' S of 4111 T a.zj 5. Broken gutter 12' S of hydrant on the west side of Hoquiam II " f9ttrbrat*'!'onttxc.,wtDflIeEll:Hant@3rd RlluIs1'),"U,'&attup N,,.-r tI'--f~S. (j) Broken gutter & driveway at Driveway on Hoquiam @ 3rd -elL.,... i /'I li;.L h. N.;<wf, '8. R:afntls @3"' &I IIeq:1:Iimrt "sed eas ill vaelt I" ')'[ "'" tl~ . (2) Broken driveway & gutter at third driveway OD 3n1, so¥th side, west of Jericho N "(VI> 10. Broken sidewalks south end ofprojcct on Jericho j -""""f 11. Bad ACP in front of gutter on Iericho south of 3rd ,;JtDY liiUJlIfh flIIup8 @ ani &1I1:ri=hOBsee ewo88 inhaelt-J if1-f-C""'- lJ Hining I :t rg'r' "J . be , ' 14. Broken curb and gutter on Jericho 45' south ofNE 4ch 5,z."y 15. Concrete o(truncated domes@4ch& Jericho :Je...v,/ ~. CD behind sidewalk high (trip hazard) near 41h & Iericho 1'.w/ ;,4 (V. Strip fonus on street light on JerichQ and on NE 4ch .. P'n'k.. P,,/~ ~U£, (11N<--\ J.l Utilities on NE 4th Deed to be sealed l&.ey , . t, I tii" ~ .J f)fFS-<g94th driveway on N side oOnl from Jericho is broken N ~ i.e.V"'<Il"'~ - 20. Broken gutter@ 3n1 driveway W of Jericho on 3111 N side . / 21. Broken gutter 1 it driveway West of Jericho OD 3n1 N side 1vrj YI, 22. Finish crosswalks on 4th & on Icpcho ~;~ tcofc- 23. No street signs" ~/C: rt"rft.. . . 24. Sl!ettl"'llluf? 'reo stop signs, '. . ?S T 'i H': teA s z "rtb pt efte faal r e =£ e CD;.' zt !J:~ C:lDo<umenu and SettingsV,illhld,1II..oca1 SeulnpITc:mp\MXUbPh\loricho Pla<OOC 1 TnTOI p ~ , ::,. ", '" . " : " " ,To:' , .. :" , . \, '- -' '- ~roin,: 'Dilte: f ,\' ,"' , SU,bject: .'.\ .I. '~ " RENTON: , , .. :,-, ' '" Office ~fthe'City Attor~ey" ,', ;.' '. La~reDce,J .. WarreD·· r-.' • ",,' '. ,~ . Kathy Keolker, Mayor', ',' ' ... " ''', . ,,' , , ..... " .' '. , ~ ". ,. '.'-.. , " ... " MEMORANDUM' " , ; " " Senior Assist.aiitCity Attorneys' .' Mark Bar~e~ . , '... Zanetta L.'Fontes .: ,,: Asslstan(City,Attorneys, , " ,; Ann s: Nieise'J! Ganil(~n~~e'Ysom n' Shs'wn E. Arthur " ' ' (.' ~~ . ' CITY OF RENTON - R E,C E !V,ED , J~iiana Fries, pia~nlnWiuildin~ubiic: w:.~r~sPepartJIlent' , , .' • '. '. .. ~ '. .' • • • , ".. • I" • ,: APR, ~ 6,2006 ' ,BUI~DING9ivISIO~ ", Lawrti~~e l-wim-c;:n; City Attorn~y 'April :?5S006 ,-, '-' Jericho Fiiial piiti '-, ; ,'.'-.. ". .,: . ' , , " .. ~ ' .. ~'. " Luko5c 137cFP -: ' ,"- " 'Restrictive co~e;mnis:::" 4th 'R~view . . ".' ..... '" ,'. " , ...• '-, , . ' " ~' .. " -, , , " " :',' M • :' '" , , ". ,~. . . '.' , , " .' ~. : ',', .',' . ,~.~ " ' . , " ,-.' ,', " , . ~.- . ~ "J -i, ',", :'::"~' ." " < .. :'1,' -. ~ -:-' 1''-" 'TIle cove~ts are'approyed,Ss'tolegal form,:', . t~' ,', i-, ," ,-..: .~,' '.,' " .... .., ", ."~ ;' .~. , '.{ '."'-. " ' . , '.' ' .. ' ~ " j • " "~ , "LJ\vit~j)':-'::' , , " " , :,' cc:' ,Gregg A: Ziminerman; PK ;'i ' < Ka:yre'nKittrick·' -: ',~ ,,- '" 'JayCovrngtori: ' -" " , ". ,. ",.," \ .. 0" • ' ". ".\ . " t',' " ' , , '~ " , ,~ ',' .:, :: r~ •• ' .:1 . " ;'. , ,"' .. r', . 'r''''. ,.-, , -, " , , " " . ,,';- , /'-. ',' ."', . " ',' '--!,' '."", "" -, , . ," , " -" '" '.~' " :.1. , '.-.. " " , .' " ' " <"".'.' -,' " " '" '-' , ' '. ~. , l" ' .',' ' , .. , .... .~" , ',', , , ~ '. -, - 'l "- ",-.. ~~ , • ', > .> --' , " , '" .',' ,. , , ,: , ; \ t' "_,1, ' .,: . ' .. ' -~", ',' -' .' <,. '\;' , ,:,' "I • "'--•. '" Lawrence). Warren" '" '. ' . J ,. " . '-, ", . ~" , , ;-, , ~" ~ , ;-." , -/ .~.' . ; , '-,; ... - , , J I,' . ',', .. .: ..... ,': , -, ,-' ~," ' ,~, '-' ';' ,~, .. , . , ", " '. ,':::i( " " .. f· ... ~ . , .. ~.~ .. "" " .'~' '1 '.~" ~ ,'\ ~ '" .-', . , ' , ' , ' ,,' -,' " ',". I, ,~ ,'. '.~ ", " ." ',F' ", , )', " ," .,-' .•.. ,~ , ; , ,-" .'.' "',.-'.' ,,', . , " .! ' . .-. ',' • ..0: ;' " ", .-, .~. ,"", .~ .. ,"' '.' ' ' .. " .: . ".' ' . ,,' .: .. " 1,,_ , .. ,~' " " : I 0412412006 09 :'14 FAX 4254863273 CENTURION DEV SVC -----• ENGINEER'NG JAEGER 9419 S. 204 PLACE -KENT, WASHINGTON 98031 PHONE (253) 850-0934 FAX (253) 850-0155 April 14. 2006 Mike Romano Centurion Development Services 22617 8th Dr. SE Bothell. WA. 98021 RE: Jericho Plat -City of Renton File LUA 04-031 Drainage Pond As-Built Certification Dear Mike, @002 The as-built survey for the drainage pond facility at the Jericho Plat has been completed by ESM Surveying. This drainage facility includes a combined detention pond and wetpond. I have reviewed the surveyed information and have prepared the following summary: Detention Volume: • Required volume as calculated in the T.I.R.: 47,854 CF • Volume of pond as designed on the approved plans: 52,717 CF • Surveyed as-built volume: 52,002 CF Wetpond Volume: • Required volume as calculated in the T.I.R.: 17,160 CF • Volume as designed on the approved plans: 17,848 CF • Surveyed as-built volume: 18.198 CF The average elevations and areas of the various pond water levels are: • Design max. water level: 422.0': area = 10,080 SF (design: 10,244) • Bottom detention: 415_0'; area = 4.778 SF (design: 4,818) incerelY'Q C\.~ ames Jaeger,lrE. ' UJA 05-131- March 21, 2006 Michael Romano . Nonis Homes, Inc. c/o Centurion Development Services 22617 8th Drive Southeast Bothell, WA 98021 Re: Jericho Final Plat; File No. LUA-05-137 Dear Mr. Romano, · CIT~FRENTON City Clerk Bonnie I. Walton At the regular Councilmeetingof March 20, 2006, the Renton City Council approved the referenced final plat by adopting Resolution No. 3797. 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, ~~ Michele Neumann Deputy City Clerk Enclosure cc: Mayor Kathy Keolker Council President Randy Corman Juliana Fries, Development Services Division Jan lilian, Development Services Division -1-0~55-S-o-u-th-G-r-ad-y-W-a-Y-'-R-en-to-n-, W-as-h,-·n-gt-on-9S-0-55-.-(-42-5-)-43-0-.6-5-10-'-F-AX-(4-2-5-'-)4-3-0.-6-51-6-~ (iil) This paper contains 50% recycled malerial, 30% POSt consumer AHEAD OF THE CURVE .. • • CITY OF RENTON, W ASIllNGTON RESOLUTION NO. 3797 LIJA-O~-137 A RESOLUTION OF THE CI1Y OF RENTON, WASHINGTON, APPROVING FINAL PLAT (JERICHO PLAT; FILE NO. LUA-OS-137FP). 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 RESOLVE AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTIONIL The final plat approved by the Planning/BuildinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as iffully set forth (The property, consisting of approximately 5.3 acres, is located at the west side of Jericho Avenue NE and south ofNE 4th Street) I • RESOLUTION NO. 3797 • 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 Plailiiing/BuildinglPublic Works Department dated March 2, 2006. PASSED BY THE CITY COUNCIL this 20th day of __ ..!;M~a=-r~ch~_--" 2006. Michele Neumann, Deputy City Clerk APPROVED BY THE MAYOR this 20th day Of_-----"M....,a .... r.><.ch!L.. ___ --', 2006. Kathy Keolker, Mayor City Attorney RES.1163:317106:ma 2 .. ·' ~ RESOLUTION NO. 3797 • JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 2.3 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HAlf OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .• IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOf fOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 fEET OF THE NORTH 42 FEET THEREOf CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 fEET OF THE NORTH 45 FQ:. THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696 AND 8709280697. PARCEL B: THE EAST HAlF OF THE NORTHEAST QUARTER Of THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH HAlF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST. W 1.4 .• IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCEL D: THE NORTH HAlF Of THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M .. IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 1.35 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188 PARCEL E: THE WEST 3D FEET OF THE EAST 135 FEET OF THE NORTH HAlF OF THE NORTHEAST OUARTER Of THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER Of SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W 1.4., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. • RESOLUTION NO. 3797 • I. w ~ !# ~ f! f! w ~ ~ ~ ~ j uJ Q > NE4l}fST § ~ :;, W 0 o! ~ w C/J w f! C/J ~ ~ f! t ~ ~ ,t)' !? ...; SITE NOT TO SCALE March 2006 Transportation (Aviation) Committee Streets: Park Ave N Closure, South Lake Washington Roadway Improvements RESOLUTIONS AND ORDINANCES Resolution #3797 Plat: Jericho, Jericho Ave NE, FP-05-137 Resolution #3798 Fire: King County Mutual Assistance Interlocal Agreement Resolution #3799 Streets: Park Ave N Closure, South Lake Washington Roadway Improvements Ordinance #5198 Human Resources: Police & Fire Chiefs Exemption from Civil Service NEW BUSINESS School District: Activities Development Services: Garages and Carports within Setbacks Renton . Council Minutes 75 Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation for the temporary street closure of Park Ave. N. from N. 6th St. to N. 8th St., and then from N. 8th St. to Garden Ave. N. The closure is to take place between July I, 2006 and July 31,2007, extended upon weather conditions, to allow construction work for the South Lake Washington Roadway Improvements Project. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Councilwoman PaImer noted the large amount of input obtained from citizens regarding this matter, and indicated that the street closure is a necessary burden to achieve a positive outcome. The following resolutions were presented for reading and adoption: A resolution was read approving the Jericho Final Plat; approximately 5.3 acres located on the west side of Jericho Ave. NE and south ofNE 4th St. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement entitled "King County, Washington, Mutual Assistance and Interlocal Agreement." MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the temporary total closure of Park Ave. N., from N. 6th St. to Garden Ave. N., from 7/1/2006 to 7/31/2007. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading and adoption: An ordinance was read amending Section 3-5-2 of Chapter 5, Fire Department, and Section 3-8-2 of Chapter 8, Police Department, of Title ill (Departments and Officers) of City Code by excluding the Fire Chief and Police Chief from the classified civil service system. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Councilwoman Nelson reviewed Renton School District announcements and activities. Items included: the Renton High School students who voluntarily took the American High School Math Exam, a national mathematics competition; the selection of the Hazen High School Concert Choir as one of 12 high school choirs to sing at the annual "Best in the Northwest" choral festival held at the University of Portland; and the participation of students in the horticultural program at Black River High School in a project sponsored by the Seattle Audubon Society to restore parts of the Black River ChanneL MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL REFER THE TOPIC OF CARPORTS AND GARAGES WITHIN SETBACKS IN NORTH AND SOUTH RENTON TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. March 2006 CONSENT AGENDA Council Meeting Minutes of 3113/2006 Development Services: Petett Meadows Short Plat, ROW Dedication, NE 21 st St Plat: Jericho, Jericho Ave NE, FP-{)5-137 Fire: King County Mutual Assistance Interlocal Agreement Utility: SW 34th St Culvert Replacement Design, RW Beck Added Item 6.f. Community Services: Administrator Appointment (Terry Higashiyama), Hire at StepD UNFINISHED BUSINESS Community Services Committee Appointment: Advisory Commission on Diversity Utilities Committee Latecomer Agreement: Holmes, Sewer Extension (Graham Ave NE), LA-06-001 Renton Council Minutes 73 Mayor Keolker stated that the City has a pre-application process which helps developers understand the City requirements before they undertake the design work. She noted that the City decided a few years ago not to implement a citizen design review board because many communities had experienced legal difficulties with boards of that type. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 3113/2006. Council concur. Development Services Division recommended acceptance of a deed of dedication for additional right-of-way at NE 21st St. to fulfill a requirement of the Petett Meadows Short Plat (SHP-05-O 16). Council concur. Development Services Division recommended approval, with conditions, ofthe Jericho Final Plat; 35 single-family lots on 5.3 acres located on the west side of Jericho Ave. NE and south ofNE 4th St. (FP-05-137). Council concur. (See page 75 for resolution.) Fire Department recommended approval of the King County mutual assistance interlocal agreement. Council concur. (See page 75 for resolution.) Utility Systems Division recommended approval of a contract in the amount of $148,826 with R.W. Beck, Inc. for final engineering design and permitting (phase II) for the SW 34th St. Culvert Replacement project. Council concur. Administrative, Judicial and Legal Services Department recommended confirmation of the appointment of Terry Higashiyama as the new Community Services Administrator, effective 411/2006, at Step D of the salary range. Council concur. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Community Services Committee Chair Nelson presented a report recommending concurrence in the staff recommendation to approve the appointment of Kelly Roberts to the Advisory Commission on Diversity for a two-year term expiring 1213112007. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwoman Nelson introduced Kelly Roberts who described his background, and expressed his appreciation for the opportunity to contribute to the City. Utilities Committee Chair Clawson presented a report recommending concurrence in the staff recommendation to grant preliminary approval of the request for a latecomer agreement from Bret Holmes for a period of two years. The application for a latecomer's agreement was submitted to recover the $86,000 estimated cost for a sewer main extension along Graham Ave. NE to serve a proposed single-family residence. • OF RENTON COUNCIL AGEND~ • 1m 6.t. Submitting Data: PlanninglBuilding !Public Works For Agenda of: March 20, 2006 DeptlDivlBoard .. Development Services Division Staff Contact... ... Juliana Fries x:7278 Agenda Status Consent...: .......... Subject: Public Hearing .. JERICHO FINAL PLAT Correspondence .. File No. LUA 05-137, FP (LUA 04-031, PP) Ordinance ............. 5.3 acres located at the west side of Jericho Ave NE and Resolution ............ south ofNE 4th Street. Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and recommendation Infonnation ......... Recommended Action: Approvals: Legal Dept... ..... . Council concur Finance Dept... .. . Other. ............. . Fiscal Impact: N! A Expenditure Required ... Transfer! Amendment... .... Amount Budgeted ...... . Revenue Generated ........ . Total Pro,iect Budget City Share Total Project.. SUMMARY OF ACTION: The referenced final plat is submitted for Council action. Jericho Plat divides 5.3 acres into 35 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 Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat will be met prior to recording of the plat. STAFF RECOMMENDATION: Adopt the Resolution approving Jericho Final Plat, LUA 05-137, FP, with the following conditions: 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. X X X • • CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WAS~GTON, APPROVING FINAL PLAT (JERICHO PLAT; FILE NO. LUA-05-137FP). 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 PlanninglBuiIdinglPublic 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, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/BuiIdinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit" A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 5.3 acres, is located at the west side of Jericho Avenue NE and south ofNE 4th Street) I • RESOLUTION NO. _--' is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findiitgs, conclusions, and recommendation of the Planning/BuildinglPublic Works Department dated March 2,2006. PASSED BY TIlE CITY COUNCIL this ___ day of ______ -', 2006. Bonnie I. Walton, City Clerk APPROVED BY TIlE MAYOR this ___ day of ________ --', 2006. Approved as to fOlm: Lawrence J. Warren, City Attorney RES.l163:317106:ma Kathy Keolker, Mayor 2 ------------------ • • JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP, 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF fOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOf CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 F!;(. THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696 AND 8709280697. PARCEL 8: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM, IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST OUARTER OF THE NORTHWEST OUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. W M.. IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCEL 0: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15 TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M .. IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188 PARCEL E: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. • • IU 1# IU Z z !1 !1 IU « « z ~ j ~ NE4THsr § « ::J IU a =! z IU '" IU !1 '" &' « ~ ~ « § ~ ,~ ., ~ " SITE NOT TO SCALE : .... • • JERrC~ A PORl1ON Of" THE NW 1/4, HE 1/4 Of" SECTION IS, TWP. 23 N~ RGE. 5 E., , lONG COUNlY, WASHINGTON • CDT 1 JERICHO AVEHUE NE LAURfS· M£.A1:JoW ~RT PlAT VOL:130. P. 221 _ fCICI"D'1 [_ ....., .... - -i ; ~ ~ "I .. .,... ~~ . ~ . ..., . ~ .,~ ft • • LOTS , ~t---- ® ® J r-- .® J 1 __ • ® • ~ • ® , ~ CITY OF RENTON FILE NO. LUA-Q-4-D31-FP • • • <-I -----------.-... ---.-.----.-.---... --.. --... --... ----.-.----.--., I' I I . I I I I I I ! 148TH AV SE (/) m 1 -------_._------_ ... -...... _ .•... _ .....• _._ ... _ .. _--.----_._-----_.- • • DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Michael J. Romano Centurion Development Services Jericho Final Plat. File: LUA 05-137 FP South ofNE 4th Street and west of Jericho Ave NE. Section 15, Twp. 23 N., Rng 5 E. Final Plat for 35 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Michael Romano, filed a request for approval of Jericho Plat, a 35-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERe), the City's responsible official, issued a Determination on Non-Significance-Mitigated on April 19, 2004 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 south ofNE 4th street and west of Jericho Ave NE. The new plat is located in Section 15, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of 5 parcels totaling 5.3 acres. 7. The Preliminary Plat (LUA-04-031) was approved by the City of Renton Council on September 13, 2004. • • 8. Four of the parcels, 4.22 acres, to be subdivided into 26 lots are within the Residential 8 DUlAC (R-8) zoning designation. The L09-acre parcel, to be subdivided into 9 lots is within the Residential 10 DUlAC (R-IO) zone. 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. 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 complied with the DOE requirements for Erosion and Sediment Control. 2. The storm drainage system shall be designed according to the 1998 King County Suiface 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 now control Level 2 -for detention and basic water quality. 3. 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. 4. The applicant shall pay the appropriate Traffic Mitigation Fee bas~d on $75.00 per each"new average daily trip associated with the project. The fee shall be paid prior to recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot. 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. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: I. The applicant shall comply with conditions imposed by ERe. Applicant complied with the above ERC conditions. 2. The applicant shall place a restrictive covenant on the final plat stating to the effect that '"All detached dwellings are proposed within the R-IO zoning designation of the plat with a permilled density up to 13. 00 dulac. Any change to the unit mix shall require the density and unit mix requirements of the R-IO zone to be complied with and reviewed by the City of Renton. " The satisfaction of this requirement is subject to the review and approval of the Development Services Division. • • A note stating the above zoning requirement has been placed on the face of the plat. 3. The applicant shall place a note on the face of the final plat indicating the following yard orientations for these lots: • Lot I:Front-NE ]"1 St/North Prop Line; Rear -South Prop. Line 15ft.; Side Yard Along St. -Jericho Ave NE • Lot 10: Front -NE 3'd St/South Prop Line; Rear -North Prop. Line; and Side Yard Along St. -Hoquiam Ave NE • Lot 20: Front -NE 3'd St/South Prop Line; Rear -North Prop. Line; and Side Yard Along St. -Jericho Ave NE • Lot 21: Front -West Prop. Line facing 20 ft. easement; Rear -East Prop. Line abutting Jericho Ave NE; and Side Yard Along St. -NE 4'· St. • Lot 22: Front-West Prop. Line facing 20ft. easement; Rear -West Prop Line; and Side Yard Along St. -NE 4'· St. • Lot 23: Front-West Prop. Line facing 20ft. easement; Rear -East Prop Line; and Side Yard Along St. -NE 4'· St. • Lot 24: Front-East Prop. Line facing 20ft. easement; Rear -West Prop Line; and Side Yard Along St. -NE 4th St. • Lot 25: Front-West Prop. Line facing 20ft. easement; Rear -East Prop Line; and Side Yard Along St. -NE 4th St. • Lot 26: Front-East Prop. Line facing 20ft. easement; Rear -West Prop Line; and Side Yard Along St. -NE 4th St. Applicant noted on the face of the plat the front yard, rear yard and side yard orientation of the above listed lots. 4. No direct access from any lot within the plat shall be allowed onto NE 4th St. This condition shall be placed on the face of the final plat prior to recording. Applicant noted on the face of the plat that no lot will gain direct access to NE 4th St. 5. No direct access from any lot within the first 160 feet from the south curb line of NE 4th Street lot shall be allowed onto Hoquiam Ave NE or Jericho Ave N. This condition shall be placed on the face of the final plat prior to recording. Applicant noted on the face of the plat that no lot will gain direct access within the first 160 feet from the south curb line on NE 4'h St onto Hoquiam Ave NE or Jericho Ave NE. 6. 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 per phase. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. All buildings located within the development have been removed and the demolition permits will be finaled. • • 7. The applicant shall convert Tract B into a private access easement with the land divided among the· adjoining lois prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. The originally proposed Tract B has been converted into a private access easement and incorporated to lots 31-34. 8. The applicant shall provide a roadway section on Hoquiam Ave. NE based upon design requirements for proposed traffic signal. The design shall accommodate one through lane in each direction and a left turn lane from the new internal street to NE 4th Street. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. The approved civil plans provide for a roadway section that will accommodate the fnture traffic signal, with one through lane in each direction and a left turn lane from Hoquiam into NE 4tb St. 9. A homeowner's association or maintenance agreement shall be created concu"ently with the recording of the final plat in order to establish maintenance responsibilities for all 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 created and a Restrictive Covenants for the Jericho Estates Homeowners Association has been submitted, reviewed and approved by Development Services. The Restrictive Covenants will be recorded concurrently with the final plat and includes the referenced maintenance responsibilities. 10. The applicant shall install a modulated. decorative fence with a minimum of five feet in width of irrigated landscaping along the entire north property line of the site fronting NE 4th Street. All fencing shall be located and designed to not interfere with sight distances required at the intersections of Hoquiam Ave. NE with NE 4ih St. The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall be installed prior to recording of the final plat. The applicant submitted fencing and landscaping plans that were reviewed and approved by Development Services. The fence and landscape along the frontage of the project and NE 4tb will be installed prior to recording of the plat, unless deferred by the Public Works Admiuistrator. 11. The applicant shall install a fence of a quality material (no chain-link. if possible). decorative and modulated with a landscaped visual barrier that includes plant materials which would provide a year-round dense screen within three (3) years from the time of planting along the north property line of Tract A fronting NE 3 'd St. and Hoquiam Ave. NE. The east property line shall be fenced with a five-foot width of irrigated landscaping. The south property line shall be fenced. All fencing shall be located and designed to not interfere with sight distances required at the intersections of Hoquiam Ave. NE with NE 3rd SL The applicant shall submit a landscape plan and ------------------------------- • • fence design to the City's Development Services Division for review and approval prior 10 installalion. The fence and landscaping shall be installed prior 10 recording of the final pial. The applicant submitted fencing and landscaping plaus that have been reviewed and approved by Development Services. The feuce aud landscape along the frontage of the Tract "A" and Hoquiam Ave NE aud NE 3" St will be installed prior to recording of the plat, unless deferred by the Public Works Administrator. 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: I. 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 2" DAY OF MARCH, 2006 cc: Kayren Kittrick LUA-{)5-1J7-FP ERVICES DIVISION '.;' .. • LEGAL DESCRIPTION PARCEL A: • THE W[ST 277.5 FlIT OF THE NORTH HAII OF THE NORTH£AST QIW!TER OF THE N<JI!TIf«[ST QUARTER Of THE NORTHEAST QIW!TER Of SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.IA .... KING COUNtY, WASHINGTON; EXCEPT THE NOR1li JO FlIT THEREOf FOR COUIIIY RQ/D; JoLSt) EXCEPT THE SOUTH 12 FEET Of THE NORTH 42 FEET THEREOF CONVEYED TO IQNG COUIIlY FOR ROOD PURPOSES 8'( DEED RECROOED UNDER RECORDING NUIot9ER 5823643; ~~~TH~3~~ ~~~ 8~J.O KING 8709280695, 8709280696 AND 8709280697. PARCEL B: 1)£ EAST HAII OF THE NORTHEAST QIW!TER OF THE N<JI!TIf«[ST QIW!TER or THE N<JI!TIf«[ST QIW!TER Of THE NORTHEAST QUoIRT£R, SECl10N 15, TOWNSHIP 2J NORTH. RANGE 5 EAST, W .... , IN KING. COUNtY, wASHNGTOI/; l£SS CQUN1Y ROADS. PARCEL c: THE EAST 105 FEET Of THE NORTH HAII or THE NORTHEAST QIW!TER or THE N<JI!TIf«[ST QIW!TER Of THE'NORTHEAST QIW!TER Of SAECIlON 15, TOWNSHIP 2J NORTH, RANGE 5 EAST, W .... , IN KING COUNtY. WASHINGTON; EXCEPT THE NORTH 42 FEEr IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEEr THEREOf IN 144TH AIlENUE SOUJH£ASf. PARCEL 0: THE NORTH HAII OF THE NOR1H£AST QIW!TER Of THE NORTHWEST QUARTER Of THE NORTHEAST QUARTER Of SECTION 15, TOWIISIiIP 23 NORTH. RANGE 5 EAST, W ....... KING . COUIIlY. WASHINGTON: EXCEPT THE WEST 277.5 FlIT AND THE EAST IJ5 FEET THEREOf: AND EXCEPT PORTION COINE't'ED TO KING COUII1Y FOR SE 128tH STREET BY IJEDl RECORDED UNOER RECORDING NUMBER 5773188. PARCEL E: THE WEST JO FEET Of THE EAST 135 FEET Of THE NORTH HAII Of THE NORTHEAST QIW!TER or THE NORTHWEST QUARTER or THE NORTHEAST QIW!TER Of SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST, W .... , IN' KING COUIIlY. WASIlINGION; EXcEPT THE NORTH 42 FEEr THtREOf L'I1NG _ SOUTH£AST .28TH STREET. ..... " . ......... .; . • JERIC~ A PORT1ON OF 1HE NW 1/ •. NE 1/. OF SECTlON 15. TWP. 23 N •• RGE. 5 E.. KING COUNlY. WASHINGTON ~. i • LDT 1 CITY OF RENTON FILE NO.lUA-04-o31-FP ® ® ® ® ® ® --' :..v :J) ---i :r: :./') "'---i ": -".' " -,"." • • .----------.----.---.. -.----..... -.. --.------.-----t TH Gv 148TH AV SE iW-:§:~'~)49JH AV SE NE 1 '--._----_._._--_._----_. -' '-"--" .. -.. _.-.... _ .. _-_._--_._._--_._--_.- .1 ; I r I i I ~ I I i i • • CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: March 13, 2006 To: City Clerk's Office From: Stacy 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: LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Jericho Final Plat LUA-05-137, FP LUA04-031 Jericho Preliminary Plat Juliana Fries November 16, 2005 Norris Homes, Inc. Norris Homes, Inc. Michael Romano, Centurion Development Services 1523059033; 1253059047; 1523059148; 1523059019; 1523059045 March 20, 2006 Date: Date: Project Description: Final plat of Jericho with 35 single-family residential lots. The plat includes' installation of sanitary sewer main, water main, stormwater drainage, Sidewalks, streetlight, and paving. Location: 355 Jericho Avenue NE Comments: ---------------------------- • March 9, 2006 Michael Romano Norris Homes, Inc. c/o Centurion Development Services 22617 8th Drive Southeast Bothell, Washington 98021 SUBJECT: OFF-SITE DEFERRAL JERICHO PLAT 355 JERICHO RENTON, WA Dear Mr. Romano: LVAOS-I~1- CITY.F RENTON PlanningIBuildinglPublicWorks Department Gregg Zimmerman P.E., Administrator On March 9, 2006, the Development Services Director reviewed your application and granted your request for deferral of the installation of two street monuments and the final two-inch lift of asphalt within the plat on NE 3rd Place and Hoquiam Ave NE until October 31, 2007. A security device in the amount of $27,645.00 must be posted with the City of Renton. This security device is 150 percent of the estimated cost of the deferred items. The City requires that you maintain protection of the catch basins and monitor the protection to ensure the system is ftinctioning properly. You have fifteen (15) days from today's date to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $75.00. If you have any questions or need additional information, please contact Jan lilian, Engineering Specialist, at (425) 430-7216. Sincerely, _ Linda Moschetti Administrative Secretary II Planning/Building/Public Works LM:lsm cc: Gregg Zimmerman, P/B/PW Administrator Neil Watts, Development Services Director Jan lilian, Engineering Specialist Juliana Fries, Engineering Specialist Carrie Olson, Office Assistant _____ F_i1_e -l-OS-S-S-o-uth-G-r-ad-y-W-a-y-.-R-en-t-on-,-W-.-shln-'-gt-0-n-9-8-0-SS-------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ',' . -:. ~ --.... ' . '.' "'. " . " '.CITYOFAEN10N RE eEl VEb . . . ',' .. . , , '. Kathy Keolker,Mayor BU/LDINGO/vis/ -. , .. , , ~-':---'-";';"';_";""';:=::':':::':~iW..~~~_~~~.-.;... ___ "';'., . Office 'of.theC:it)i.Attoriiey, . , .' , -.' ", 'La";rence J. Warren . . '. " , , -, ,,1,'. "', .: c '. ,. , y • ". Senior Assistant'CityAtlomeyi! '.!:.' -~\'<'.;-'~' ".,' Ma"rkBarbe-r: " ~--, . . . ' .. Zan'etta L. Fontes ~ . . '. Assistant 'City Attorneys: '. ,.'. ' .. ; "MEMORANDuM,·····.,.· . ' . -. -. ,." 0.'" _ .. . , . :" ~~111 s. Nielsen_ ..... ··.t Gannon,Newsom 11- .', .~_~~WD .. E. Artbur .. " . , . . '" ~ \ . . : .. . , . . ., ' .. . -' .. . . "~ . ... ," "', , '.,. , . ,. I" .• -.", . "'. To:'. . " -' .. /" • 1 .... ' 't •• "" .,' ;"-, ~ ~ , From:. . ~ .. L,liwrerice iw ru-r~n: C:ity Att~p1e~:' ":" ~:.'.March ... j,-2006 '.. .::,:, ',. ",' . .;" '-~:r,.," ','" "Date:." , ' . .:, .~ubject:·:~.· . ". j~ric~ofin~IPlat~ ., .. '.' '", " LUA 05-137-FP:.. ". , ',.-;:' Re~tricH~e,Cov~Aari!s,-2'1 Revlew,\ .. ; .. , , ~ , " . ", .-,' ,,' " , . " . '" . , , ~ , .' , , ,; t ' ... , "" .. ',' :". " , . .' . " , ~ . ; : . .: ' • <".: .~.,~ .. ' ~.' .... . '. .,'," , • r ' '. ., I "., ' .. " .,," -.' '.'. .', ," .'. .' I:,' '.': 0:.,' ":"-"', ~ . .1 ::", "",; ', •• .-. ",~ "" .;~¥ c· . '-~':"": -;. J'-;' ,;~ T ,,",' "., ',i ... ~'.- . "You as~ if the H~iu:iI}g'.E~~r1~.reCoIl,l!Del1daJio~tl2 '~bout nl)'chlinge ind~~ity'witlio~t:~ity " ,: approval should.~e on.the face' of th~' Plat. ot'intheGC&R's, <Sinc.t:. the conditio)i states. that the' . ,'. ::, . ." "applicant shall place ~lesiri9tjy:e .~ov,~Qapi ?il 't.he fmal plat'~, I be,!ieve: eith~r',~ay \y~uld su.ffj.c~: '. " ~. < "., ... 1 •• __ s " " -~ " .' :'., '.' ,,:, ~,: ·.i .' ~'< , "' •• ,,' ... ' ; ' •• ~.., , ' < ' with respeCt to 'Article 6, '~ectiori i'~ I~~n;t~be~i~v~ tiuit~heiitfcurie~~ly,~~~e~t~:~onv~y~ce's'Of~ " ' ' i . the.detentionl~ater qUality:·facilities. The 'section alsO do~sn7t. sp~ about mamte,iJilnCt; by the, cC' •• ;: aSsociationofthe'stonD. ~aterc6nveyimce'iinprovimieritsiii the plat. ,'. '," '.',' .. :.:" ~<.' ~<',~ .... , ',. <--,': "",:;.!': .,.-:. ': ',.,: '''T' .,.: •• ,' ,~ •••• , ' •• ,' ~.: • ~ ~< : !,':,.'.,:~; 1 ,',;, ··r :"n' . " The changes to Article I ~ 'are ·approved,. ":,. . , " '" ,'. ',' ' ; "'"", .....•.•.. ' .' ·J"';;;:~;i .. "; .. ::; . "'''~ ~'_A' ~'~," "'" ~.' .. ,1 ",' • '-" .~ ." !. .,'.-, " .. ~" ';", ~ .• ~:l,.:.: :"~~,;\" " -";~ .. , '-,,: or ~. , " ··LJ\V:tmj .. .' ", . -".-, .: "':'" '.~, c ,.:' ; '. ; "·-,.,'·cc:"layt(:rvin~on>: '", ... :":, :".',,"" ".", ; .... ,.,., ,'-::,"'"'' " , " .-' ~ ''''',' ,,' ''''" "":~",}: :.j' ' ........ , " . '.,'......: ", Ka)'t:en Kittrick."., ".:,', .!,.' ,'~ , .. >i ;; -',:' .:.> ::'OceggA: Zimme •. R1;:'· .,;. ", ,..;: ' ,~. '¥, ~ .,' .: • •• , • '.' ,' •• " .... ',' I, " -.\ .. -, 'r • '~ ! •. ," '~ ,...... ~' ..... .. , "' .' " ., ' -.., ~ .; " ", .," ':", .' ." , - ... ~: . , , ',' . " "'. :- ,.~ . ;. ~ -: ~" -',' .•• :. r ' • :. -, . .' ..... , .'. '" , . ~. '. . .. _. " " .... ' : ;--" ".~:. J ~\' , ," • ~"J .' J;. ,: ,'" . ," "', .,.' • ,' I _. '. "" l. , .. " '. '. " , .' -.:o'. \, .: "'. .' . '''',' . .'; ~ ,: " ,~ ,,, .. ' . ' f .:'\-,":' ',,>. '". c' . .. -: ~ ',-I. '_,' •• ' .·;··l "'. , ':'" ,. -......... } .f ;", '.' -... ,' " .' , .-, -'..-:',::, " " .. ',~' ,.,.-': ' " '.~ \' .' " .' . . '. . ;, ; .-. :',. , . '.,' , .... , .... . :', '.-'.' . .,'." " '. .. , .'., . " , " . . .~, !' " '.' .~ .. , . '..... "~.' ., . "'.' :, .~:'::( 1-.. ' \ ... ', '-: .. { " .. -.... -,' . ', .. ' " .. ,"" ". ...... : I' • " , .~, ~ ... ,:' '.~: '. ~:: < • -" ,'~, , . " ' '; ;'. DATE: TO: FROM: SUBJECT: • • PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM March 2, 2006 Gregg Zimmennan, Administrator Neil Watts, Development Services Director Kayren Kittrick, Development Engineering Supervisor Juliana Fries, x-7278 AGENDA BILL & REPORT JERICHO PLAT -FINAL PLAT LUA 05-137 FP WEST OF JERICHO AVE NE AND SOUTH OF NE 4TH STREET I am requesting concurrence to get Jericho final plat on the Council agenda. Per the City inspector, approximately 90% of the plat improvements are completed at this time. The completed items include the installation of sanitary sewer main, water main, and stoml water system, curb and gutter and 1st lift of pavement. Technical Services has finished the first review of the plat. If you have any questions please eall me. Thank you. c:\hard work\jericho plat\close _ out\gregg_ memo.doc ---- CI:A2F RENTON COUNCIL AGENDA. I AI#, Submitting Data: Planning/Building /Public Works For Agenda of: Marc h20, 2006 DeptiDivlBoard .. Development Services Division Staff Contact.. .... Juliana Fries x:7278 Agenda Status Consent.. ............ Subject: Public Hearing .. JERICHO FINAL PLAT Correspondence ... File No. LUA 05-137, FP. (LUA 04-031, PP) Ordinance ............ ; , 5.3 acres located at the west side of Jericho Ave NE and Resolution ........... L south ofNE 4th Street. Old Business ....... 15;;. Exhibits: New Business ...... I',!. k<;. 1. Resolution and legal description Study Sessions ..... 2. Staff report and recommendation Information ......... Recommended Action: Approvals: Legal Dept.. ....... 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. Jericho Plat divides 5.3 acres into 35 single-family residential lots with water, sa nitary sewer, nts. Design and ferred (and a storm drainage, street lighting, curb and gutter, sidewalks and street improveme construction of utilities, lighting and pavement will be approved, accepted or de security device posted) as required through the Public Works Administrator prio plat. All conditions placed on the preliminary plat will be met prior to recording STAFF RECOMMENDATION: Adopt the Resolution approving Jericho Final Plat, LUA 05-137, FP, with the fo conditions: a) All mitigation fees shall be paid prior to the recording of the plat. r to recording the of the plat. llowing b) All plat improvements shall be either constructed or deferred to the s atisfaction of the City staff prior to the recording of the plat. x x CI.OF RENTON COUNCIL AGENDA .L COpy I AI#, Submitting Data: Planning/Building !Public Works For Agenda of: March 20, 2006 DeptlDiv/Board .. Development Services Division Staff Contact... ... Juliana Fries x:7278 Agenda Status ConsenL. ........... Subject: Public Hearing .. JERICHO FINAL PLAT Correspondence .. File No. LUA 05-137, FP (LUA 04-031, PP) Ordinance ............. 5.3 acres located at the west side of Jericho Ave NE and Resolution ............ south ofNE 4th Street. Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and recommendation Information ......... Recommended Action: Approvals: Legal Dept. ....... . Council concur Finance Dept... .. . Other.. ............ . Fiscal Impact: N/ A Expenditure Required ... Transfer/Amendment ...... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Proiect.. SUMMARY OF ACTION: The referenced final plat is submitted for Council action. Jericho Plat divides 5.3 acres into 35 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 Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat will be met prior to recording of the plat. ST AFF RECOMMENDATION: Adopt the Resolution approving Jericho Final Plat, LUA 05-137, FP, with the following conditions: 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. X X x ---------------------------------------------------------------------- • • DEVELOPMENT SERVICES DIVISION BUILDINGIPLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Michael J. Romano Centurion Development Services Jericho Final Plat. File: LUA 05-137 FP South ofNE 4th Street and west of Jericho Ave NE. Section 15, Twp. 23 N., Rng 5 E. Final Plat for 35 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Michael Romano, filed a request for approval of Jericho Plat, a 35-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on April 19, 2004 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 south ofNE 4"' street and west of Jericho Ave NE. The new plat is located in Section 15, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of 5 parcels totaling 5.3 acres. 7. The Preliminary Plat (LUA-04-031) was approved by the City of Renton Council on September 13, 2004. • • 8. Four of the parcels, 4.22 acres, to be subdivided into 26 lots are within the Residential 8 DUlAC (R-8) zoning designation. The 1.09-acre parcel, to be subdivided into 9 lots is within the Residential I 0 DUlAC (R-I 0) zone. 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. 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 complied with the DOE requirements for Erosion and Sediment Control. 2. The storm drainage system shall be designed according to the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water qualizv 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. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new singlejamily 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. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new singlejamily lot. 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. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with conditions imposed by ERe. Applicant complied witb tbe above ERC conditions. 2. The applicant shall place a restrictive covenant on the final plat stating to the effect that "All detached dwellings are proposed within the R-JO zoning designation of the plat with a permitted density up to 13.00 dulac. Any change to the unit mix shall require the density and unit mix requirements of the R-IO zone to be complied with and reviewed by the City of Renton ... The satisfaction of this requirement is subject to the review and approval of the Development Services Division. • • A note stating the above zoning requirement has been placed on the face of the plat. 3. The applicant shall place a note on the face of the final plat indicating the following yard orientations for these lots: • Lot 1 :Front -NE 3'd St/North Prop Line; Rear -South Prop. Line 15 fl·; Side Yard Along St. -Jericho Ave NE • Lot 10: Front -NE 3'd St/South Prop Line; Rear -North Prop. Line; and Side Yard Along St. -Hoquiam Ave NE • Lot 20: Front -NE 3'd St/South Prop Line; Rear -North Prop. Line; and Side Yard Along St. -Jericho Ave NE • Lot 21: Front -West Prop. Line facing 20 fl. easement; Rear -East Prop. Line abutting Jericho Ave NE; and Side Yard Along St. -NE 4" St. • Lot 22: Front-West Prop. Line facing 20 fl. easement; Rear -West Prop Line; and Side Yard Along St. -NE 4" St. • Lot 23: Front-West Prop. Line facing 20 fl. easement; Rear -East Prop Line; and Side Yard Along St. -NE 4'" St. • Lot 24: Front-East Prop. Line facing 20 fl. easement; Rear -West Prop Line; and Side Yard Along St. -NE 4th St. • Lot 25: Front-West Prop. Line facing 20 fl. easement; Rear -East Prop Line; and Side Yard Along St. -NE 4th St. • Lot 26: Front-East Prop. Line facing 20 fl. easement; Rear -West Prop Line; and Side Yard Along St. -NE 4th St. Applicant noted on the face of the plat the front yard, rear yard and side yard orientation ofthe above listed lots. 4. No direct access from any lot within the plat shall be allowed onto NE 4th St. This condition shall be placed on the face of the final plat prior to recording. Applicant noted on the face of the plat that no lot will gain direct access to NE 4th St. 5. No direct access from any lot within the first 160 feet from the south curb line of NE 4th Street lot shall be allowed onto Hoquiam Ave NE or Jericho Ave N This condition shall be placed on the face of the final plat prior to recording. Applicant noted on the face of the plat that no lot will gain direct access within the first 160 feet from the south curb line on NE 4th St onto Hoquiam Ave NE or Jericho Ave NE. 6. 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 per phase. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. All buildings located within the development have been removed and the demolition permits will be finaled. ---------------------------------------------------------------------------------------------------- • • 7. The applicant shall convert Tract B into a private access easement with the land divided among the adjoining lots prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. The originally proposed Tract B has been converted into a private access casement and incorporated to lots 31-34. 8. The applicant shall provide a roadway section on Hoquiam Ave. NE based upon design requirements for proposed traffic signal. The design shall accommodate one through lane in each direction and a left turn lane from the new internal street to NE 4th Street. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. The approved civil plans provide for a roadway section that will accommodate the future traffic signal, with one through lane in each direction and a left turn lane from Hoquiam into NE 4'· SI. 9. 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 created and a Restrictive Covenants for the Jericho Estates Homeowners Association has been submitted, reviewed and approved by Developmeut Services. The Restrictive Covenants will be recorded concurrently with the final plat and includes the referenced maintenance responsibilities. 10. The applicant shall install a modulated, decorative fence with a minimum of five feet in width of irrigated landscaping along the entire north property line of the site fronting NE 4th Street. All fencing shall be located and designed to not interfere with sight distances required at the intersections of Hoquiam Ave. NE with NE 4ih St. The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall be installed prior to recording of the final plat. The applicant submitted fencing and landscaping plans that were reviewed and approved by Development Services. The fence and landscape along the frontage of the project and NE 4'· will be installed prior to recording of the plat, unless deferred by the Public Works Administrator. II. The applicant shall install a fence of a quality material (no chain-link, if possible), decorative and modulated with a landscaped visual barrier that includes plant materials which would provide a year-round dense screen within three (3) years from the time of planting along the north property line of Tract A fronting NE 3 'd St. and Hoquiam Ave. NE. The east property line shall be fenced with a five-foot width of irrigated landscaping. The south property line shall be fenced. All fencing shall be located and designed to not interfere with sight distances required at the intersections of Hoquiam Ave. NE with NE 3rd SL The applicant shall submit a landscape plan and • • fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall be installed prior to recording of the final pial. The applicant submitted fencing and landscaping plans tbat have been reviewed and approved by Development Services. The fence and landscape along the frontage of the Tract "A" and Hoquiam Ave NE and NE 3" St will be installed prior to recording of the plat, unless deferred by the Public Works Administrator. 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: I. 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 TillS 2nd DAY OF MARCH, 2006 cc; Kayren Kittrick UJA-05-137-FP ERVICES DIVISION • LEGAL DESCRIPTION PARCEl k. • THE WEST 277.5 F£ET OF THE NORTH .... LF Of THE NORTH£AST OUART£R Of THE NORTIfitEST QUARTER Of THE NORTH£AST QI.I<RTER OF SECTION 15, TOWNSH1P 23 NORTH, RANG[ 5 fAST, w.IA., IN KING COUNTY, WASHINGTON: EXCEPT THE NORTH 30 FITT THEREOf FOR COtIII'Y R<Wl; AlSO EXCEPT THE SOUTH 12 FEET Of THE NORTH 42 FITT THEREOf COINE'I£D TO KING COUNTY FOR RO'J) PIJRPOSES BY OEED RECROO£D UND£R RECOOIlING NUIA8£R 58236<3; AlSO EXCE1'I1NG THE SOUTH 3 F£ET Of THE NORTH 45 FEET THE1lEOF CONVEYED TO KING COUNTY FOR RO'J) PURPOSES BY 1J£EDS UN1J£R RECOROING NUlABERS 8709280693, 8709280695, 8709280696 AND 8709280697. PARCEl B: THE EAST ~ OF THE NORTHEAST QI.I<RTER Of THE NORTHWEST Q\.Io\RTER OF THE NORT\fitEST OUART£R OF TH[ NORTH£AST QUORI£R, S£CI1OH 15. TOWNSHIP 23 NORTH. RANG[ 5 fAST, W.IA •• IN KING. COUNTY, WASHINGTON; LESS COUN1Y RCWlS. PARCEl C: THE fAST 105 FEET OF THE NORTH ~ OF THE NORTH£AST QUARTER OF THE NORTHWEST OUART£R OF THE NORTHfAST QI.I<RTER OF SAECTlON 15, TOWNSHIP 23 NORTH, RANG[ 5 fAST, W.IA., IN KING COUNTY, WASHINGTON; EXcEPT THE NORTH 42 FITT IN SOlJTH[AST 128TH STREET; AND EXctPT THE EAST 20 FEET TH(R£OF IN 144TH AVENUE SOlJlH[AST. PARCEl 0: THE NORTH ~ Of THE NORTHfAST QI.I<RTER Of THE NORTHIVEST OlWUER OF THE NORTHEAST OUART£R Of SECTION 15, TOWHSH1P 23 NORTH, RANG[ 5 fAST, W.IA., IN KING COUtIlY, WASHINGTON; EXcEPT THE WEST 277.5 FEET ANO THE fAST 135 FITT THEREOf; AND EXCEPT PORllON CONVEI'ID TO KING COUIIlY FOR SE 128TH STREET BY DEED RECORDED UN1J£R RECORDING NUIABER 5773188. PARCEl E: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH ~ OF THE NORTHEAST QI.I<RTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QI.I<RTER OF SECTION 15, _IP 23 NORTH. IWIGE 5 EAST, W ..... IN' KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FITT THEREOF L'I'lIIG WITHIN SOUTH£AST 128TH STREET. • JERICH~ A PORTION OF THE NW 1/4. NE 1/4 OF SEc:TIoN 15. lWP. 23 N .. RGE. 5 E.. , KING COUNTY. WASHINGTON • JERICHO AVENUE NE I "~£ /---:'T cs I LaTe LAlJRI'S'MEADOW SI-VRT PLAT YDL-ElO. P. 221 ® ~;I---- ® ® ® ® CITY OF RENTON FILE NO. LUA-Q4-031-FP owe: 101;2\OO2\004\,PlO1S\r-.PI.AJ\fP-I1l.D'A \ PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT DATE: TO: CC: FROM: SUBJECT: MEMORANDUM February 28, 2006 Larry Warren, City Attorney Kayren Kittrick Juliana Fries ext: 7278 Jericho Final Plat LUA 05-137-FP Restrictive Covenants -2nd Review Please review the attached revised Restrictive Covenants for the Jericho Estates Homeowners Association as to legal form. A copy of the Hearing Examiner's Report dated July 15,2004 is attached for reference and your use. Recommendation 2 states "The applicant shall place a restrictive covenant on the final plat stating to the effect that "All detached dwellings are proposed within the R-JO zoning designation of the plat with a permitted density up top 13.00 dulac. Any change to the unit mix shall require the density and unit mix requirements of the R-JO zone to be complied with and reviewed by the City of Renton. " The satisfaction of this requirement is subject to the review and approval of the Development Services Division. I -Is the condition above to be shown on the face of the plat or in the CC&R' s? Recommendation 9 states "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." The consideration by the Council will be March 2006. If! may be of assistance with this request please call me at 430-7278. City of Renton Page I 02/28/2006 After Recording Return to: Courtney Norris Norris Homes, Inc. 2053 Faben Drive Mercer Island, W A 98040 (206) 275-1901 ~~'olU'" , --·7 ... , .,~- RECOEr,rED FEB 22 REC'll PLAN REVIEW DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS & RESTRICTIONS OF JERICHO ESTATES Grantor: Grantee: Norris Homes, Inc. Jericho Estates Reference Numbers of Documents Assigned or Released: Legal Description (abbreviated): Lots 1 through 36 of the plat of Jericho Estates recorded under King County Auditor's Recording No. __ .,--_.,--,..-____ _ Complete Legal Description is located on Pages 1 through 3 of document Assessor's Tax Parcel Numbers: TIDS DECLARATION running with the land, made this __ day of ______ -:-__ ' 2005, by Norris Homes, Inc. ("Declarant" and "Developer" as appropriate). To the extent that other Covenants, Conditions and restrictions exist (either prior or subsequent) regarding the property contained within the legal description herein, the present Declaration of Protective Covenants is intended to co-exist and overlap existing and subsequent Covenants and not replace existing and subsequent Covenants. Declaration of Protective Covenants, Conditions and Restrictions Page 1 of 34 , WITNESSETH: . WHEREAS, Declarant is the owner in fee of certain real property (the "Real Property") located in the County of King, State of Which, which has been subdivided and which is legally described as follows: PARCEL A: THE WEST 277.5 FEET OF THE NORTII HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696, AND 8709280697. PARCELB: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCELC: THE EAST \05 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; Declaration of Protective Covenants, Conditions and Restrictions Page 2 of 34 , AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCELD: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCELE: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. For ease of reference herein only, the real property subject to these covenants, conditions and restrictions is commonly referred to herein as "Lots of Jericho Estates." These CC&R's shaH apply equally to all lots set forth above. The Declarant hereby covenants, agrees and declares that all of the Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants, conditions, restrictions, easements and reservations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of all of Properties, their owners and their heirs, successors and assigns. These covenants, conditions, restrictions, easements and reservations are equitable servitudes and negative easements which shaH run with the Properties and shall be binding on all parties having or acquiring any right, title or interest in the Properties or any part thereof shaH inure to the benefit of each owner, shall survive and continue to run with the , . Properties and not be discharged by a sale of the Real Property or any portion thereof in the manner described in RCW 84.64.460. Acceptance of an interest in a Lot or a Housing Unit and Lot shall be deemed acceptance of the terms and provisions of this Declaration. Declaration of Protective Covenants, Conditions and Restrictions Page 3 of 34 , , The Declarant or its successor and assigns may become the owner of certain real property, which is adjacent to the Real Property described above. The adjacent real property, or a portion thereof, may be subjected to the terms and provisions of this Declaration of Protective Covenants, Conditions and Restrictions at the option of the Developer, as hereinafter provided. NOW, THEREFORE, Declarant hereby declares as follows: ARTICLE ONE Dermitions For purposes of the Declaration and the Articles and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: I. "ACC" shall mean the Architectural Control Committee, as appointed pursuant to Article Nine, Section Four. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Jericho Estates Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Associations Bylaws and any amendments. 6. "Common Areas" shall mean those portions of the Properties which have been designated to be used in common for the benefit of all lot owners, including easements which are for the benefit of all lot owners and/or the Association. These common areas shall include, but not be limited to, the following: a. Tract A is a storm water detention/water quality pond and each lot owner has an equal undivided interest in said tract; b. All the street trees shall be owned and maintained by the Homeowners Declaration of Protective Covenants, Conditions and Restrictions Page 4 of 34 , Association until King County or its successor agency has adopted a maintenance program; c. The following Limited Common Areas are only for the benefit of certain lots which are defined below: (i) The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots@and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (ii) The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iii) The private access and utility easement within Lots 11, 12, 25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iv) The private access and utility easement within Lots 27, 28, 31 and 32 shall be for the benefit of Lots 27, 28, 29 and 30. Lots 27, 28, 29 and 30 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (v) The private access and utility easement within Lots 30, 31, 32, 33,34 and 35 shall be for the benefit of said Lots .. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; 7. "Common Services" shall mean: a. Maintenance of the common areas as required by the Association. b. Maintenance of the street trees planted within and/or abutting the common areas both public and private within the plat. c. Such additional services as shall be determined by the Board of Directors of the Association or the Declarant/Developer during the development period as set forth below. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions Declaration of Protective Covenants, Conditions and Restrictions Page 5 of 34 , , and Restrictions. 9. "DeciarantlDeveloper" shall mean Norris Homes, Inc. or any persons or entities to which it assigns its rights as DeciarantlDeveloper, or succeeds to its interest. 10. "Housing Unit" shall mean the building occupying a Lot. II. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described herein. At such time as additional adjacent real property may be subjected to the Declaration, "Lot" shall include those lots shown on and included in the plat of said additional property. "Maintained Lot" shall refer to any Lot and Housing Unit which receives Common Services. The Developer may designate a Maintained Lot in this Declaration, or in an amendment to this Declaration which adds additional adjacent property. All provisions of this Declaration which refer to Lots include Maintained Lots. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the properties. 15. "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Properties" shall initially mean the Real Property. If additional adjacent Real Property is subjected to the Declaration, "Properties" shall mean the real property described in this Declaration and the plat or plats of the additional adjacent real property. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. Declaration of Protective Covenants, Conditions and Restrictions . ARTICLE TWO Page 6 of 34 -------------------------------------------------------------------------------, , Management of Common Areas. Common Services Enforcement of Protective Covenants, Conditions and Restrictions General note concerning use and development of Lots. These CC&R's are not intended to modify and/or impair any easements and licenses of record. Therefore, all structures, development, fences, driveways and the like must not interfere with easements and licenses of record and also must comply with all applicable City, State and government codes and regulations that exist regardless of approval by the Declarant and/or Homeowner's Association. The Declarant and/or Homeowner's Association is/are not liable or responsible for approval of an item that may ultimately have to be removed or modified based on a City, State or government code or regulation. For example, if the Homeowner's Association approves a fence to be built by a Lot Owner and the Lot Owner erects the fence in an easement that interferes with the easement and must be removed, the Declarant and Homeowner Association shall have absolutely no liability to the Lot Owner simply because they approved the construction of the fence. Section One: Development Period. During the development period, the Association, the ACC, the Common Areas and all Common Services shall, for·all purposes, be under the management and administration of the Developer. a. The development period for the Real Property shall be that period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots in Jericho Estates have been sold by the Developer, or Developer's assignee to individual builders or Lot Owners or any shorter period, as determined by the Developer. It is contemplated at the time of execution of this document that the current developer will sell the entire Plat to Norris Homes, Inc. and Norris Homes, Inc. will be substituted to the rights of the Developer after the closing of the transaction. If Norris Homes, Inc. closes the purchase of the entire Plat, then Norris Homes, Inc. shall be considered the Developer under the CC& R's for ease of reference. b. Front Yard Installation. The front yard must be installed within 30 days of Final Occupancy Permit being issued by King County. Yard installation plans must be pre-approved by the Homeowner's Association prior to commencement of installation. Yards and all additional areas must comply with the County of King's rules and regulations dealing with "Impervious Surface" and any similar restrictions with respect thereto as it relates to a minimum percentage of grass area. c. Back Yard Installation. The back yard of a lot must be installed within 90 days of Final Occupancy Permit being issued by the ~ounty of King. Yard installation plans must be pre-approved by the Homeowner's Association prior commencement of installation. Yards must consist of a minimum Declaration of Protective Covenants, Conditions and Restrictions Page 7 of 34 x I , percentage of grass and additional areas as to comply with the rules and regulations of the County of King. Section Two: Directors. Temporary Board During Development Period. During the development period, the Developer shall appoint at least I director, and may appoint any persons the Developer chooses as directors. The directors will continue to serve as directors of the Association until a successor is appointed by the Developer, until a director is chosen by vote at the end of the development period or until the director resigns. The Developer may, at its option and at such time as the Developer deems appropriate, select a temporary board of at least 1 to five persons who mayor may not be purchasers of Lots. This temporary board shall have the authority and such rights, responsibilities, privileges and duties to manage the Association under this Declaration, the Articles and Bylaws, as are assigned to the temporary Board by the Developer, except the right to participate in selection of members of the ACC, appeals of the ACC's decisions, or promulgation of guidelines for ACC evaluation of submissions by Lot Owners. The temporary Board shall be subject to all provisions of the Declaration, the Articles and Bylaws, provided, that after selecting any such temporary board, the Developer, in the exercise of its sole discretion, may at any time terminate such temporary board and resume its management authority or select a new temporary board. Section Three: Purpose of Development Period. These requirements and covenants are made in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units. Section Four: Authority of Association After Development. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the Association by this declaration, either directly or by necessary implication. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five. Section Five: Authority of Association Regarding Common Areas. The Association shall have the authority and obligation to collect assessments from the lot owners. The Association shall administer and manage the Common Areas as well as Common Services. Section Six: Delegation of Authority. The Board of Directors or the DeciarantlDeveloper may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board shall not be liable for any breach of duty, negligence, Declaration of Protective Covenants, Conditions and Restrictions Page 8 of 34 , omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors. ARTICLE THREE Membership Membership: Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR Voting Rights Section One: Voting Rights. Members 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 such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Section Two: Voting Rights for Maintained Lots. Owners of Maintained Lots shall be entitled to one vote for each Lot owned in any election of a representative to the ACC, subject to limitations as described in Section One. Only Owners of Maintained Lots shall be entitled to vote for representatives on the ACC. ARTICLE FIVE Property Rights in Common Areas Every Member, subject to governmental rules and restrictions and subject to the notes on the plat, shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and upon the Common Areas either owned by the Association or in which the members of the Association have an undivided interest as set forth in this Declaration. These rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: a. Rules and Regulations. The right of the Association to limit the number of guests of Members, and to adopt rules and regulations, and establish appropriate penalties for violation of such rules; Declaration of Protective Covenants, Conditions and Restrictions Page 9 of 34 b. Utilities. The right of the Association to exclusive use and management of said Common Areas for utilities such as pipes, wires, conduits, and other utility equipment, supplies and material; c. DeclarationlDevelopers Rights. The rights reserved to the Developer in the Declaration; d. Right to Transfer. The right of the Association to dedicate or transfer by deed all or any part of the Common Areas to any Member, person, entity, public agency, authority or utility. No such dedication or transfer shall be effective without the approval of two-thirds of the Members. e. Other Restrictions. The other restrictions, limitations and reservations contained or provided for in the Declaration and the Articles and Bylaws of the Association. ARTICLE SIX Maintenance. Common Expenses and Common Services Section One: Standard of Maintenance -Common Areas. a. Tract A is a storm water detention/water quality pond facility conveyed to the City of Renton. Maintenance and upkeep of the pond facility including but not limited to the detention and conveyance system, landscaping and irrigation located within the pond tract is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. b. Landscaping and irrigation located along NE 4th Street lies within the City Road Right of Way conveyed to the City of Renton. Maintenance and upkeep of the landscaping and irrigation located within the NE 4th Street Right of Way is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. c. Any planter island within any cul-de-sac turnaround is a common area and shall be maintained by the Homeowners Association and each lot owner has an equal undivided interest in said planter island; d. All the street trees shall be owned and maintained by the Homeowners Association until the City of Renton or its successor agency has adopted a maintenance program; Declaration of Protective Covenants, Conditions and Restrictions Page 10 of34 e. The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 20 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; f. The private access and utility easement within Lots 15, 16,23' and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; g. The private access and utility easement within Lots 11, 12, 25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; h. The private access and utility easement within Lots 27, 28, 31 and 32 shall be for the benefit of Lots 27, 28,29 and 30. Lots 27, 28, 29 and 30 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; i. The private access and utility easement within Lots 30, 31, 32, 33, 34 and 35 shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; j. Street trees planted as a condition of plat approval and planted within and/or abutting individual lots and planter strips shall be maintained by the owners of said lots and the street tress planted within and/or abutting the private and public tracts within this plat shall be owned and maintained by the Homeowners Association. Section Two: Standard of Maintenance -Lots. Each Lot Owner hereby covenants and agrees to maintain his respective Lot and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain their home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform the maintenance and upkeep of any drainage and/or underground drain lines and catch basins installed by the Developer on their Lot which are servicing the yard drainage needs on more than one Lot. In addition to maintaining each Lot Owner's individual Lot, each Lot owner shall maintain that area of the Planter Strip that is between each Lot's Owner's individual Lot and the street for the width of the Planter Strip that is of equal length of the Lot Owner's Lot. Declaration of Protective Covenants, Conditions and Restrictions Page 11 of34 Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or the Housing Unit located thereon, or fails to maintain the Lot and Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall have the right to notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within (30) days of the date notice is delivered to the non-performing Lot Owner, the Association shall have the right to provide such maintenance, and to levy an assessment against the non performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other annual or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. Section Four: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, .and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Common Expenses shall include, but shall not be limited to, the following: a. The expense of maintaining the Common Areas as more particularly set forth in Section One; b. The real property taxes levied upon the Common Areas. c. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC d. The cost of any repairs or replacement of Common Areas; e. Utility charges attributable to Common Areas owned by the Association; f. The cost of operating any recreational facilities; g. Any other expense which shall be designated as a Common Expense in the Declaration or from time to time by the Association. Declaration of Protective Covenants, Conditions and Restrictions Page 12 of34 ARTICLE SEVEN Assessments Section One: Types of Assessments. Each Lot shall be subject to annual assessments or charges and certain special assessments in an amount to be deterinined by the Association. Each Maintained Lot shall, in addition to the assessments and charges for Lots, be subject to annual assessments or charges and certain special assessments for Common Services. Section Two: One-Time Initiation Fee and Annual Assessments. It is understood that all owners of lots within Jericho Estates will become members of the Jericho Estates Homeowners Association, a non-profit corporation organized and existing under the laws of the State of Washington. This Association, will provide for the assessment and collection of a one-time initiation fee approximately $400.00 for each Purchaser of a Lot, at closing which will be paid directly to Developer to partially reimburse Developer for expenses associated with certain improvements installed by Developer on behalf of the Association. In addition to the one-time initiation fee, The Association will also assess annual dues and each member is to maintain and improve the common areas of Jericho Estates. The annual dues of the Association are $400.00 per annum until amended and shall be paid to The Jericho Estates Homeowners Association on a pro rata basis depending on the actual closing date of an owner's purchase of a Lot. The initial annual assessment shall be $400.00 per Lot commencing on January 1st of each year, 20% of which shall be allocated and paid to the DeclarantlDeveloper for plat management services provided or by a professional management firm hired by the DeclarantlDeveloper to the Association. Such allocation of funds to the DeclarantlDeveloper 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 By-Laws of the Association. Each BuilderlLot Owner, upon purchasing from a Developer shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 30th of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Builder/Owners who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of Lots owned by all such Builder/Owners. At such time as there had been sufficient assessments collected by the Association, then said Builder/Owner shall be reimbursed. Declaration of Protective Covenants, Conditions and Restrictions Page 13 of34 , , The Declarant shall not be responsible or liable for the payment of any assessment against any Lot owned by the Declarant. Section Three: Determination of Amount. The Board of Directors of the Association shall determine "the amount of annual assessment necessary to pay Common Expenses at least 15 days prior to the start of its fiscal year. The amount of annual assessment may be increased or decreased periodically as may be necessary from time to time to provide properly for payment of the Common Expenses. The amount of such annual assessments shall be equal for all Lots subject to said annual and special assessments except for assessments of Owners of Maintained Lots. There shall be no annual assessment for Lots or Maintained Lots owned by Developer, without the consent of the Developer. The Association may create and maintain from regular annual assessments a reserve fund for replacement of those Common Area improvements which can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board or ACC fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board or ACC until such time as the Board acts. Section Four: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot or Maintained Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Five: Special Assessments. In addition to the annual assessments authorized above, the Association, by and through its Board of Directors, or the ACC may levy, in any year, a special assessment applicable to that year "only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto, or the provision of any necessary Common Services. However, Lots owned by the Developer shall not be subject to special assessments and the Developer shall not be obligated to pay any special assessments. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a licensed cOhtractor retained by the Board or ACC for the purpose of such estimate. All special assessments for construction of new" facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds the Members or Owners of Maintained Lots, as appropriate. Declaration of Protective Covenants, Conditions and Restrictions Page 14 of34 , ARTICLE EIGHT Collection of Assessments. Enforcement of Declaration. Attorney's Fees and Costs Section One: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a charge on the land and will be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas, Common Services or abandonment of the Lot. Initially, the annual homeowner association dues shall be $400 per year. The Board of Directors may arriend and modify the annual dues by a majority vote of the Directors presiding at that time. Upon the initial sale of a lot from the Declarant to the initial home purchaser, the home purchaser shall pay the $400 homeowner association dues in full at the time of closing. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly vests in the Association, or its agents, the right and power to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to 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 at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting. Rights Common Services. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, said Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Default in the payment of assessments for Common Declaration of Protective Covenants, Conditions and Restrictions Page 15 of34 Services shall entitle the ACC to suspend provision of Common Services for the defaulting Owner of a Maintained Lot and ACC voting rights. Section Four: Commencement of Assessments. The assessments shall commence as to each Lot within the property (except Lots owned by the Developer) upon the first day of the month following the initial conveyance of the Lot. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer may, at its election, collect from each Purchaser an amount equal to six months' assessment for the Association and ACC, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall inure to the benefit of the Association. Section Five: Enforcement. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules or regulations adopted by the Association, or the provisions of the Articles or Bylaws of the Association. In the event the Board commences an action to enforce any such rights, including the rights of any individual Lot Owner, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Eighteen, Section Five. ARTICLE NINE Building, Use and Architectural Restrictions Section One: Development Period. The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the development period as described in Article Three, Section One. This reserved right shall automatically terminate when the Developer no longer owns any Lot in the Real Property or Adjacent Real Property, or at such earlier time as the reserved right is relinquished to the Board of Directors or the ACC of the Association. Each Lot shall be subject to this reserved right and each Owner shall take subject thereto. Section Two: Authority of ACC After Development. At the expiration of the developer's management authority during the development period, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the ACC by this Declaration, either directly or by necessary implication. Declaration of Protective Covenants, Conditions and Restrictions Page 16 of34 , , Section Three: Delegation of Authority of ACC. The ACC or the developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The ACC shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person is delegated a duty, power or function by the ACC. Section Four: Appointment of ACC. The Board shall appoint the members of the ACe. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. Section Five: Approval Required. Except as to original construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until at a minimum, the building plans, specifications and plot plans showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no exterior changes of any kind shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. a. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required infonnation to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be submitted to the ACC upon personal delivery of a complete set of all required information on the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the ACC by written notice to the Members. b. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted they shall be available to all interested parties upon request. Declaration of Protective Covenants, Conditions and Restrictions Page 17 of34 c. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. d. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. The ACC may retain and consult persons or entities qualified to assist in the evaluation of plans submitted to the Board for review. f. The ACC, its agents and the Members shall not be liable to the Association, to any Owner or to any other person for any damage, loss or prejudice resulting from any action on a matter submitted to the ACC for approval of plans and specifications or for failure to approve any matter submitted to the ACC. The ACC or its members may consult with the Association or any Owner with respect to any plans, drawings or specifications, or any other proposal submitted to the ACC. g. The Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board. h. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Six: Restrictions on Permanent and Temporary Structures. If an "out building" or structure is placed or erected on a Lot, the "out building" or structure must conform to all applicable building codes and set back requirements. Despite building and zoning codes, in no event be can the "out building or structure be taller than six (6) feet in height measured from the topography of the land to the structure's tallest point including antennae, if any. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. This section and restriction contemplates and includes such things as carports (both Declaration of Protective Covenants, Conditions and Restrictions Page 18 of34 permanent and temporary/portable), Recreational vehicle covers (both permanent and temporary/portable), boat covers (both permanent and temporary/portable), and car covers (both permanent and temporary/portable). Section Seven: No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance .. Section Eight: Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Section Nine: Limitation on Signs. No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner thereof, or such Owner's authorized agent. In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns, so long as it owns any Lot, the right to maintain upon the property such signs as in the sole opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACe, its authorized representative, or the Developer as herein provided. Section Ten: Completion of Construction Projects. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within six months of the date of commencement of construction, except such construction as is performed by the . Developer, which shall be exempt from the limitations contained in this Section. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. a. No mobile homes or manufactured homes or modular homes are permitted within Jericho Estates. Declaration of Protective Covenants, Conditions and Restrictions Page 19 of34 L..-_________________________ --.- b. The total finished floor area in anyone residential unit should be no . less than 1500 square feet for ramblers or two stories and 1550 square feet for splits or tri-Ievels with unfinished basements. c. No T-lll siding will be used on the front exterior. d. No individual water supply system shall be permitted on any lot. e. No individual sewer disposal system shall be permitted on any lot. f. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, banks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. g. No lot or portion of a lot in this plat shall be divided and sold and/or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use as a single family residence within the prevailing Building Code for the County of King. The purpose of this section is to prevent the creation of "sub-standard" sized lots and/or "unbuildable" lots. Section Eleven: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; no decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve: Antennas Satellite Reception. No radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home or on any lot with the exception that a satellite dish eighteen (18) inches (more or less) in diameter may be attached to the exterior of any home with the approval of the Architectural Control Committee. If the satellite dish is affixed to the exterior of the actual house, there is no height restriction on its placement. However, if the satellite dish is placed on a pole or other structure apart from the house, the satellite dish can be no higher than seven (7) feet tall measured from the topography of the land. Section Thirteen: Storage of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located on the Properties shall not be used for the storage Declaration of Protective Covenants, Conditions and Restrictions Page 20 of34 , and/or overnight parking of any vehicle other than private family automobiles or motorcycles; and no commercial vehicle, boat, boat trailer, house trailer, camper, truck, truck with camper, or other recreational vehicle or similar object may be stored and/or parked overnight on any part of the Properties, except as specified herein. No inoperable vehicles of any kind, or motorcycles shall be parked, stored, maintained, or constructed on any lot or street unless stored in a garage. Notwithstanding the foregoing, the following two (2) uses are allowed: (I) It may be permissible by the ACC to approve a Lot Owner storing/parking a recreational vehicle, boat and/or boat trailer on the side or backyard of a Lot as long as (a) The ACC approves the Lot Owner's plans in advance; (b) a fence in constructed in conformity with the CC&R's with a gate made of the same material and height as the overall fence so that when the gate is closed, the object stored/parked is adequately screened from view in the sole discretion of the ACC on a case by case basis; (c) the ingress and egress of the object does not require a path that encroaches on another Lot Owner's parcel; and (d) if the ACC deems it important to the overall aesthetics of the neighborhood, the ACC can require an area of the Lot demarked as the ingress/egress path to be surfaced with crushed rock, asphalt or concrete and the ACC can require additional landscaping be maintained to enhance the overall appearance of the Lot. (2) Another use that is allowed concerns Lot Owners who have guests visiting them who intend to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the ACC or its authorized representative, for guests to park a vehicle upon the Lot owned by a Lot Owner or the public street adjacent to a Lot for a period of up to 7 consecutive calendar days. The same camper, trailer or other form of recreational vehicle must then be immediately removed and cannot be parked in any area subject to these CC&Rs within the following 50 weeks. The privilege shall only exist, however, after the written permission has been obtained from the ACC or its authorized representative. Violation of this restriction shall result in a $100 per day fine for each day of the violation. The ACC or its authorized representative may give written notice of a violation to the Lot Owner or occupant and the Lot Owner or occupant shall have two (2) days from the date of receipt of the written notice to take whatever actions are necessary to remedy the violation. If said Lot Owner shall not comply within the three-day period, the ACC or its authorized representative is hereby granted the right to remove at the expense of the Owner thereof, any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. The Lot Owners hereby grant to the Association and the ACC an express easement for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of Declaration of Protective Covenants, Conditions and Restrictions Page 21 of34 " " , removing any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. No mechanical repair shall be conducted on any Lot unless such repairs are conducted in a fully enclosed garage on the Lot on the Owner's private vehicle. Any such repair activity must be conducted in a manner which is not offensive to persons residing in the neighborhood, is not unsightly and does not result in unusual noise or debris being placed upon the premises. The power of the ACC to remove any inoperable vehicle or motorcycle or other motorized apparatus on which mechanical repairs are being conducted in violation of the terms of the covenant shall be exercised in the same manner as described above, in this Section. Section Fourteen: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. For purposes of this covenant, eaves, steps and open porches shall not be considered a part of a building; provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. Section Fifteen: Roofs. Roofs on all buildings must be finished with tile, cedar shakes or composition roof unless approval for use of other material is granted by the ACC or its authorized representatives. The color of the roofing material must be approved either by the Declarant or the Homeowner Association. Section Sixteen: Driveways. All driveways and parking areas shall be exposed aggregate, unless approval for use of another material is granted by the ACC or its authorized representatives. Section Seventeen: Fences and Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the properties shall be approved by the ACC before construction, and shall be substantially similar or in harmony with other fences located on the Properties. Fences are to be constructed of cedar material and shall not exceed 6 feet in height and must be constructed of cedar. Fences can not be erected in the front yard. A backyard fence can not extend beyond the front of the house or garage depending on the respective side the fence is built. Section Eighteen: Residential Use Only: Home Businesses Limitation and Home Office Exception. A. Home Business: Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family Declaration of Protective Covenants, Conditions and Restrictions Page 22 of34 dwelling with driveway parking for not more than three cars, and no trade, craft business, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any to or within any building located on a lot; nor shall any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored, outside any building on any Lot; nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. B. Home Office: However, the provisions of this Section may be waived in writing by the ACC upon application by a Lot Owner for "home office" use. In drawing a distinction between a Home Business and a Home Office, a Home Office will not adversely impact the neighborhood in the sole discretion of the Homeowner's Association, no clients or customers would visit the home and the Lot Owner would not have any other employees or independent contractors. Such application shall describe the type of home office use to be conducted, the estimated amount of traffic generated and the impact of such activity on the neighborhood. The ACC shall exercise its sole discretion to approve or disapprove such activity, balancing the interests of the Lot Owner with the impact on the neighborhood. Nothing in this Section shall permit the use of a Lot for a purpose which violates law or applicable zoning codes. Section Nineteen: Refuse: No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. No building material of any kind shall be placed or stored upon any Lot until the Owner is ready to commence construction; then such material shall be placed within the property line of the Lot upon which the structures are to be erected and shall not be placed in the street. Section Twenty: Fuel Tanks Prohibited. No fuel tank shall be maintained on any Lot. Section Twenty-One: Excavations. Except with permission of the ACC, or except as may be necessary in connection with the construction of any improvement approved by the ACC, no excavation shall be made nor shall any dirt be removed from a Lot. Section Twenty-Two: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-three: Enforcement. The Association, or the Developer during the development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article, but Declaration of Protective Covenants, Conditions and Restrictions Page 23 of34 must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. Section Twenty-four: Restrictions on Use of Cui de Sac, Streets, Common Areas and Open Spaces: Lot Owner will not be allowed to erect basketball goals or place portable basketball goals in any location in front of the house including the cui de sac, streets, common areas, open spaces and/or sidewalks. Basketball backboardlhoop may not be attached to the garage area of the front of the house in the driveway area BicycIe/skateboard/rollerblade/roller-skate/scooter use shall be allowed; however, they cannot be ridden on the sidewalks and cannot interfere with the adjacent property owner's quiet enjoyment of their respective property. Section Twenty-five: Restrictions on Parking: Vehicles iJf any kind may not be parked in the street and/or in the CuI de Sac. Further, vehicles may not be parked in the front yard. The driveway is not considered "yard." ARTICLE TEN Easements Section One: No Implied Easements. There are no implied easements over, upon or across any portion of the Properties. Section Two: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for said encroachments and for maintenance of the same as long as the encroachments remain. Section Three: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The casement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such lot, except those improvements for which a public authority, utility company or the Association is responsible. Declaration of Protective Covenants, Conditions and Restrictions Page 24 of34 Section Four: Association's Easement of Access. The Association, the ACC, the ACC and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, repair or replacement of any home or Lot as provided in Article Seven, Section Three of this Declaration which shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in that article arid section; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all cleaning, maintenance or replacement of any home or lot as provided in Article Fourteen, Section Four, which shall also include the right of entry to the interior of any building, to the extent necessary to perform the work described in that article and section; (f) all work necessary to perform Common Services for Maintained Lots; and (g) all acts necessary to enforce these Covenants. Section Five: Easement for Public Service Personnel. An easement for access by police, fire, rescue and other personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public.duties. Section Six: Easement for DeveloperlDeclarant. DeveloperlDeclarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Seven: Easement for installation and maintenance of utilities and drainage facilities. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow or drainage channels in the easements. The easement(s) of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE ELEVEN Mortgage Protection Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee (Mortgagee) which holds a mortgage given for the purpose Declaration of Protective Covenants, Conditions and Restrictions Page 2S of34 of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liabilitv Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable actions, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefore to: (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited fmancial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all Such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association Declaration of Protective Covenants, Conditions and Restrictions Page 26 of34 shall not, without the prior written approval of fifty-eight percent (58%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (t) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE Management Contracts Each Member hereby agrees that the Association and the ACC may enter into such agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN Insurance and Condemnation' Section One: Coverage. The Association shall purchase as a Common Area Expense and shall have authority to and shall obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It shall also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association, but shall not be less than $1,000,000 concerning all claims for personal injury and/or property damage arising out of a single Occurrence. It shall also obtain, if available at a reasonable cost, insurance to cover the Board and the ACC, its agents and employees, from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. Costs of insurance Declaration of Protective Covenants, Conditions and Restrictions Page 27 of34 obtained by the Developer during the development period shall be a Common Area Expense. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgage's clause and shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all, insured named therein, including Owners and Institutional First Mortgagees. Section Two: Homeowner's Insurance Required. In addition to the aforementioned insurance carried by the Association, every Owner, at his own expense, shall insure his own Housing Unit against loss or damage by fire or other hazards in an amount equal to the full replacement value thereof, during any construction period and thereafter. Section Three: Fidelity Bond .. The Association shall obtain fidelity bonds which shall afford coverage to protect against dishonest acts on the part of officers, directors, managers, volunteers, trustees, and employees of the Association and the ACC or the managing agent and all the persons who handle or are responsible for handling funds of the Association and the ACC in an amount equal to three (3) months assessments on all Lots, including reserve funds. All such fidelity bonds shall name the Association as an Obligee, contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of employee or similar expression, and provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insureds named therein, including Owners and Institutional First Mortgagees. Section Four: Replacement. Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any licensed contractor for reconstruction or rebuilding of such destroyed portions ofthe Common Areas. In the event of damage or destruction by fire or other casualty to any Housing Unit, the Owner thereof shall, upon receipt of the insurance proceeds, contract to repair or rebuild such damage or destroyed portions in a good workmanlike manner in conformance with the original plans and specifications of said Housing Unit. Plans and specifications for such damaged or destroyed Housing Unit may be modified and the damaged or destroyed Housing Unit may be reconstructed in accordance with said modified plans and specifications if the Owner of the damaged or destroyed Housing Unit secures the approval of the ACC or the Developer, as the case may be, provided in this Declaration. In the event such Owner refuses or fails to commence such repair or rebuilding within thirty (30) days after such damage or Declaration of Protective Covenants, Conditions and Restrictions Page 28 of34 destruction, unless such period is otherwise extended by the Association, the Association is hereby authorized by such Owner, if the Association so desires, to repair, rebuild or clear and clean up any such Housing Unit. The Association shall first obtain an estimate of cost of performing such repair, rebuild or clearing/clean up work as is necessary, such estimate to be performed by a licensed contractor approved by the Board for such purpose. Upon provision of the estimate, the Association may assess the Lot owner for the cost of the proposed improvements, and such assessment shall become a lien in the manner described in Article Nine. Any rebuilding shall be done in a good and workmanlike manner. The Owner shall pay the Association the amount reasonably necessary to perform such repairs and reconstruction, and the Housing Unit shall continue to be subject to the lien for such amount until it is paid in full. The Association may, at any time, enforce its rights as provided in the Declaration for collection of the assessment and foreclosure of the lien. Section Five: Condemnation. If at any time or times during the continuance of the Housing Unit ownership pursuant to this Declaration, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in advance thereof, the provisions of this Section Five shall apply, and notice of the proceedings or proposed acquisition shall promptly be given to each Owner and to each Institutional First Mortgagee. All compensation, damages, or other' proceeds there from, the sum of which is hereinafter called the Condemnation A ward shall be payable to the Association. The Condemnation Award shall be apportioned among the Owners as directed by the Association who shall fairly and promptly allocate and distribute such Condemnation Award. If the entire property is condemned or taken, ownership in the Common Areas shall terminate. The Condemnation A ward shall then be distributed among the Owners in like proportions. ARTICLE FOURTEEN Rules aud Regulations The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof. All Lot Owners shall be given written notice of the rules and regulations or the rules and regulations may be posted in a conspicuous place in the Common Areas. ARTICLE FIFTEEN Remedies and Waiver Section One: The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Declaration of Protective Covenants, Conditions and Restrictions Page 29 of34 Association and the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No waiver. The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist in anyone or more instances upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action" or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN Benefits and Burdens Run with the Land The covenants, restrictions, reservations and conditions contained herein shall run with the land as covenants real and equitable servitudes and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. After the date on which the Declaration has been recorded, these covenants, restrictions, reservations and conditions may be enforced by the Association or Developer which shall have the right to enforce the same and expend Association monies in pursuance thereof, and also may be enforced by the Owner of any Lot. ARTICLE SEVENTEEN General Provisions Section One: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section Two: Severability. The invalidity of anyone or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs Declaration of Protective Covenants, Conditions and Restrictions . Page 30 of 34 or sections contained herein should be invalid, this Declaration shaIl be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted. Section Three: These covenants, restrictions, reservations and conditions shaIl remain in fuIl force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as hereinabove provided. Section Four: Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shaIl be construed as being void and of no effect as of twenty-one (2 I) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators children and grandchildren who shaIl be living at the time this instrument is executed, whichever is later. Section Five: Attorney's Fees. Costs and Expenses. In the event the Association employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shaIl be entitled to the award of reasonable attorney's fees, costs and· all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Six: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when deposited in the United States mail, postage prepaid. ARTICLE EIGHTEEN Amendment and Revocation Section One: Exclusive Method. This instrument may be amended, and partiaIly or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Developer. During the development period, except for amendments affecting the maintenance responsibility for common areas as defined in Sections 6a and 6b which must be approved by the City of Renton prior to adoption, the Developer may amend this instrument in any and all respects including, but not limited to, adding Additional Real Property and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. Declaration of Protective Covenants, Conditions and Restrictions Page 31 of34 Section Three: Meeting.· Except for amendments affecting the maintenance responsibility for common areas as defined in Sections 6a and 6b which must be approved by the City of Renton prior to adoption, this Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if fifty-eight percent (58%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if fifty-eight percent (58%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 3.1 Voting rights; 3.2 Assessments, assessment liens and subordination of such liens; 3.3 Reserves for maintenance, repair and replacement of Common Areas; 3.4 Insurance or fidelity bonds; 3.5 Responsibility for maintenance and repair; 3.6 Contraction of the project or the withdrawal of property from the Properties; 3.7 The boundaries of any Lot; 3.8 Leasing of Housing Units other than as Set forth herein; 3.9 Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 3.10 Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 3.11 Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 3.12 Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or Declaration of Protective Covenants, Conditions and Restrictions Page 32 of34 3.13 Any provisions which are for the express benefit of Institutional First Mortgagees. Section Four: Effective Date. Amendments shall take effect only upon recording with the Recorder of King County. Section Five: Protection of DeveioperlDeciarant. For such time as Developer shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: a. Discriminate or tend to discriminate against the Developer's rights. b. Change Article I (Definitions) in a manner which alters the Developer's right or status. c. Alter the character and rights of membership or the rights of the Developer as set forth in Article III. d. Alter its rights as set forth in Article X relating to architectural controls. e. Alter the basis for assessments, or the Developer's exemption from assessments. f. Alter the number or selection of Directors as established if in the Bylaws. g. Alter the Developers rights as they appear under this Article. Declaration of Protective Covenants, Conditions and Restrictions Page 33 of34 • IN WITNESS WHEREOF, the Declarant has hereunto set its hand this __ day of ,2005. STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) DECLARANT: Norris Homes, Inc., a Washington corporation By:.-::-:---:-::--.,.--:::---=-=-______ _ John Norris, President On this day of , 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John Norris to me known to be the President of Norris Homes, Inc., the corporation that executed the foregoing instrument, and acknowledged the saidjnstrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Declaration of Protective Covenants, Conditions and Restrictions Printed Name: NOT AR Y PU B=L-=-I C::7in-an-cd:-Cfl=-o-r t-:-h-e-=S'-ta-Cte-o-cf=--- Washington, residing at ________ _ My commission expires: _______ _ Page 34 of34 , ------------------------------ DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDA nONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Michael J. Romano Centurion Development Services Jericho Final Plat. File: LUA 05-137 FP South ofNE 4th Street and west of Jericho Ave NE. Section 15, Twp. 23 N., Rng 5 E. Final Plat for 35 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDA nON Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Michael Romano, filed a request for approval of Jericho Plat, a 35-10t Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on April 19, 2004 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 south ofNE 4'h street and west of Jericho Ave NE. The new plat is located in Section 15, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of 5 parcels totaling 5.3 acres. 7. The Preliminary Plat (LUA-04-031) was approved by the City of Renton Council on September 13, 2004. " 8. Four of the parcels, 4.22 acres, to be subdivided into 26 lots are within the Residential 8 DUlAC (R-8) zoning designation. The 1.09-acre parcel, to be subdivided into 9 lots is within the Residential 10 DUlAC (R-l 0) zone. 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: I. 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. The project design and constrnction complied with the DOE reqnirements for Erosion and Sediment Control. 2. The storm drainage system shall be designed according 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. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Thefee shall be paid prior to the recording of the final plat. The Fire Mitigation Fee will be paid prior to recording of the plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot. 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. In addition. the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with conditions imposed by ERe. Applicant complied with the above ERC conditions. 2. The applicant shall place a restrictive covenant on the final plat stating to the effect that "All detached dwellings are proposed within the R-I0 zoning designation of the plat with a permitted density up to 13.00 dulac. Any change to the unit mix shall require the density and unit mix requirements of the R-JO zone to be complied with and reviewed hy the City of Renton ... The satisfaction of this requirement is subject to the review and approval of the Development Services Division. 7. The applicant shall convert Tract B into a private access easement with the land divided among the adjoining lots prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. The originally proposed Tract B has been converted into a private access easement and incorporated to lots 31-34. 8. The applicant shall provide a roadway section on Hoquiam Ave. NE based upon design requirements for proposed traffic signal. The design shall accommodate one through lane in each direction and a left turn lane from the new internal street to NE 4th Street. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. The approved civil plans provide for a roadway section that will accommodate the futnre traffic signal, with one through lane in each direction and a left turn lane from Hoquiam into NE 4th St. 9. 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 created and a Restrictive Covenants for the Jericho Estates Homeowners Association has been submitted, reviewed and approved by Development Services. The Restrictive Covenants will be recorded concurrently with the final plat and includes the referenced maintenance responsibilities. 10. The applicant shall install a modulated. decorative fence with a minimum offive feet in width of irrigated landscaping along the entire north property line of the site fronting NE 4th Street. All fencing shall be located and designed to not inteifere with sight distances required at the intersections of Hoquiam Ave. NE with NE 4ih St. The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall he installed prior to recording of the final plat. The applicant submitted fencing and landscaping plans that were reviewed and approved by Development Services. The fence and landscape along the frontage of the project and NE 4th will be installed prior to recording of the plat, unless deferred by the Public Works Administrator. 11. The applicant shall install a fence of a quality material (no chain-link. if possible). decorative and modulated with a landscaped visual barrier that includes plant lIlaterials which would provide a year-round dense screen within three (3) years from the time of planting along the north property line of Tract A fronting NE 3 'd St. and Hoquiam Ave. NE. The east property line shall be fenced with a five-foot width of irrigated landscaping. The south property line shall be fenced. All fencing shall be localed and deSigned 10 not interfere with sight distallces required at the intersections ofHoquialll Ave. NE with NE 3rd SL The applicant shall submit a landscape plan and I Jence design to the City's Development Services Division Jar review and approval prior to installation. The Jence and landscaping shall be installed prior to recording oj the final plat. The applicant submitted fencing and landscaping plans that have been reviewed and approved by Development Services. The fence and landscape along the frontage of the Tract "A" and Hoquiam Ave NE and NE 3'· St will be installed prior to recording of the plat, unless deferred by the Public Works Administrator. 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. h) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording ofthe plat. SUBMITTED THIS 2nd DAY OF MARCH, 2006 cc: Kayren Kittrick LUA-05·137·FP ERVICES DIVISION LEGAL DESCRIPTION PARCEl A: THE WEST 277.5 FEET Of THE NORTH K4.LF OF THE NORTH£AST Ot.WrrER OF lHE NORll<WEST Qw.RTER or THE NOfITHEAST QUO.RTER or SECTION 15. TOWNSHIP 23 NORTH. AANG[ 5 £AST. W.IA., IN KING COUNlY. WASHINGTON; EXCEPT TH£ NORTH 30 FEET THEREOf FOR COlJIPY ROAD; AlSO EXCEPT THE SOUTH 12 FEET Of lHE NORTH 42 FEET THEREOf CONV£YED TO KING COUNlY FOR RQOJl PURPOSES S'f OEEO RECROOED UNDER RECORDING NUWlER 5823643; AlSO EXCEPllNG THE SOUTH 3 FEET or THE NORTH 45 FEET lHQlEor CONVEYED TO KING COUNlY FOR RQOJl PURPOSES S'f DEEDS UNDER RECORDING NIJIIO£RS 8709280693. 8709280695. 8709280696 AND 8709280697. PARCEl B: THE EAST IW.F Of TH£ NORTHEAST QtW<TER or lHE NORll<WEST QlWITER or THE NORll<WEST QUO.RTER or TH£ NORTHEAST QlW!lER, SECTION 15. TOWNSHIP 2l NORTH. RANGE 5 EAST. W..... IN KING COUNTY. WASHINGTON; LESS COUNlY ROADS. PARCEl C: THE EAST 105 FEET or THE NORTH tWF or THE NORTHEAST QlW<TER or THE NORll<WEST Qw.RTER or THE' NORTHEAST QtW<TER or 5'ECOON 15. TOWNSHIP 2l NORTH. RANGE 5 EAST. W ..... IN KING COUNTY. WASH1NGTON; EXCEPT THE NORTH 42 FEET .. SOUTHEAST 128TH STREET; AND EXCEPT 1H[ EAST 20 F£ET THEREOf IN 1441H AVENUE SOlITH£AST. PARCEl 0: THE NORTH tw.F or THE NORTHEAST QtW<TER or THE NORllMEST QlWITER or THE NORTHEAST Qw.RTER or SECTION 15. TOWNSHIP 23 NORTH. RANG£ 5 EAST. W.IA. ... KING COUNlY. WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYEIl TO KING COUNTY FOR SE 128TH STREET S'f DEED RECORDED UNDER RECORDING NU .. BER 5773188. PARCEl E: THE WEST 30 FEET or THE EAST 135 FEET or THE NORTH IW.F or THE NORTHEAST QlW<TER or THE NORTHWEST QUO.RTER or lHE NORTHEAST QtWlTER or SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.IA.. II' KING COUNTY. WASHn<GTON; EXCEPT THE NORTH 42 FEET THEREor LYING wITH .. SOLrTHEAST 128TH 511lEET. 14200 -Av.SE I , " • 'I-I, I 8' ~ II :, -JERICHO A PORT1ON OF THE NW 1/4, NE 1/4 OF SECTION 15, lWP. 23 N., RGE. 5 E., , KING COUNTY, WASHINGTON JERICHO AVENUE NE , ". , 0~""""·" 1I • ~7.S<t· ;! -~ ~I It'> l _ . L, ~":Zr' 8 e OIl .' N ~ "'I .o~, 11' _ I ~I ~n " ,.,~ ~ , .j , ., • Ii : ® ~ • ® ® ® ® CITY OF RENTON FILE NO. LUA-<>4-Q31-FP " DATE: TO: FROM: SUBJECT: , PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM February 28 2006 Jennifer Henning Juliana Fries Jericho Final Plat -LUAOS-I37 -2nd review Please review the attached revised final plat map. I intend to take this project to Council for approval on March 20. Please have any comments back to me by March 17. c;\hard work\jericho plat\c1ose _ out\memoylanner.doc • ~ 22617-8" Dr. SE BotheD. WA 98021 CENTURION DEVELOPMENT Juliana Fries City of Renton 1055 South Grady Way - 6th Floor Renton, WA 98055 RE: Jericho -Final Plat LUA -04-031, PP Dear Juliana: SERVICES February 22, 2006 • (425) 486-2563 OFF (425) 486-3273 FAX RecOeRfvEO FEB 22 REC'D PLAN REVIEW Attached for your review please find the referenced final plat revised per the City's comment letter dated December 19, 2005. Included in this submittal please find the following materials: ~ Five (5) sets of the revised Final Plat prepared by ESM Consulting Engineers 1111/, ~ Three (3) sets of revised lot closures for lot~revised since the original submittal ~ Three (3) copies of a title report current as of February 10, 2006. ~ Two (2) copies of a revised C,C & R's Document ~ Letter from KCWD #90 indicating installation and operation of the water system Please call me at (425) 486-2563 if you have any questions. Thank you in advance for your attention to this matter. Enclosures Sincerely, Michael J. Romano Project Consultant "Let us take the load •• R ECoERfvoE D FEB 22 REC'D PLAN REVIEW ~ PACIFIC NoRlllWESr l11LE ~""W ... h;"p"'.In<. TO: Centurion Development Services 22617 - 8th Drive S.E. 215 Columbia Street Seattle, Washington 98104 Cc: Bothell, WA 98021 Attn: Michael J. Romano Ref.# Jericho Plat ESM Consulting Engineers 20021 -120th Avenue, Ste. 103 Bothell, WA 98011. Attn: Gary Lewis SUPPLEMENTAL REPORT #2 TO THE PLAT CERTIFICATE PNWT Order Number: 600416 CERTIFICATE FOR FILING PROPOSED PLAT The following matters affect the property covered by this order: • A Full Update of the Plat Certificate from October 24, 2005 through February 3, 2006 at 8:00 a.m. has disclosed the following: • Paragraph 16, 17, 18 and 19 of the commitment is/are out, 2005 taxes are paid in full. • The following have been added as paragraphs 23, 24, 25, 26 and 27: 23. GENERAL AND SPECIAL TAXES AND YEAR: AMOUNT: TAX ACCOUNT NUMBER: AFFECTS: 24. GENERAL AND SPECIAL TAXES AND YEAR: AMOUNT: TAX ACCOUNT NUMBER: AFFECTS: CHARGES NOT YET DUE AND PAYABLE: 2006 NOT YET AVAILABLE 152305-9019-01 Parcel A CHARGES NOT YET DUE AND PAYABLE: 2006 NOT YET AVAILABLE 152305-9045-09 Parcel B 25. GENERAL AND SPECIAL TAXES AND CHARGES NOT YET DUE AND PAYABLE: YEAR: AMOUNT: TAX ACCOUNT NUMBER: AFFECTS: ·2006 NOT YET AVAILABLE 152305-9033-03 Parcel C (continued) .. .. SUPPLEMENTAL TITLE REPORT Page 2 Order No. 600416 26. GENERAL AND SPECIAL TAXES AND CHARGES NOT YET DUE AND PAYABLE, YEAR, AMOUNT, TAX ACCOUNT NUMBER, AFFECTS, 2006 NOT YET AVAILABLE 152305-9047-07 Parcel D 27. GENERAL AND SPECIAL TAXES AND CHARGES NOT YET DUE. AND PAYABLE, YEAR, AMOUNT, TAX ACCOUNT NUMBER, AFFECTS, 2006 NOT YET AVAILABLE 152305-9148-05 Parcel E • There has been no change in the title to the property covered by this order since October 24, 2005, EXCEPT the matters noted hereinabove. Dated as of February 10, 2006 at 8,00 a.m. cg PACIFIC NORTHWEST TITLE COMPANY By: Mike Sharkey Title Officer Phone Number: 206-343-1327 JERICHO LOT 10 AREA FEB 22, 2006 Parcel name: LOT-10 .. North: 507656.0626 East : 1666512.5877 Line Course: S 00-28-21 W North: 507591.0648 CUrve Length: 38.76 Delta: 88-50-34 Chord: 35.00 Course In: S 89-31-39 RP North: 507590.8586 End North: 507565.8687 Line Course: S 88-22-13 E North: 507564.8591 Line Course: N 00-28-21 E North: 507654.3561 Line Course: N 88-22-13 W North: 507656.0625 Length: 65.00 East : Radius: Tangent: Course: E Course Out: East East Length: 35.50 East Length: 89.50 East Length: 60.00 East Perimeter: 288.76f' Area: 5,241~FQ 1666512.0517 25.00 24.50 S 43-56-56 E S 01-37-47 W 1666537.0508 1666536.3398 1666571.8254 1666572.5635 1666512.5878 •• Mapcheck Closure -(Uses listed Error Closure: 0.0001 Error North: -0.00010 Precision 1: 2,887,600.00 courses, radii, and deltas) Course: S 43-56-56 E East: 0.00010 J',ITY OF RENTON RtCE!VEO FEB 22 REC'D PLAN REVIEW .. .-' .... .. • • JERICHO LOT 11 AREA FEB 22, 2006 Parcel name: LOT-II North: 507654.3561 Line Course: S 00-28-21 W North: 507564.8591 Line Course: S 88-22-13 E North: 507563.4371 Line Course: N 00-28-21 E North: 507652.9341 Line Course: N 88-22-13 W North: 507654.3561 Perimeter: 279.00 ... Area: East: 1666572.5634 Length: 89.50 East 1666571.8253 Length: 50.00 East 1666621.8051 Length: 89.50 East 1666622.5432 Length: 50.00 East 1666572.5634 4,474'" 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 279,000,000.00 • • February 6, 2006 Monday, 7:00 p.m. CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE SPECIAL PRESENTATION Police: Employee Recognition PUBLIC HEARING Vacation: Jericho Ave NE, Romano, V AC-05-005 Jendw rP-O~/\,?1 RENTON CITY COUNCIL Regular Meeting MINUTES Council Chambers Renton City Hall Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. RANDY CORMAN, Council President; DON PERSSON; MARCIE PALMER; TERRI BRIERE; DENIS LAW; DAN CLAWSON; TONI NELSON. KATHY KEOLKER, Mayor; LAWRENCE J. WARREN, City Attomey; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, PlanninglBuilding/Public Works Administrator; KAREN MCFARLAND, Engineering Specialist; LINDA HERZOG, Interim Assistant to the CAO; CHIEF GARRY ANDERSON, COMMANDER TIM TROXEL, COMMANDER CHARLES MARSALISI, and COMMANDER KEVIN MILOSEVICH, Police Department. Chief of Police Garry Anderson announced that Officer Craig Sjolin, Police Services Specialist Holly Trader, and Officer Steven Ritchie were each selected by their peers and honored as an Employee of the Quarter in 2005. Police Services Specialist Jacqueline Thomas, the Employee of the Fourth Quarter, was also named Employee of the Year. Chief Anderson then presented the Meritorious Service Medal to Officer Clay Deering, who on 8/412005. entered a . buming house and rescued an elderly resident. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker opened the public hearing to consider the petition to vacate a portion of Jericho Ave. NE right-of-way. five feet in width and 286 feet in length, located south of NE 4th St. (Petitioner: Mike Romano, Centurion Development Services. on behalf of property owner Norris Homes, Inc.) Karen McFarland, Engineering Specialist. reported that 100% of the abutting property owners have signed the vacation petition. and there are no City-owned or outside agency facilities in the right-of-way. Explaining that the petitioner plans to use the area in the proposed Jericho Plat development. Ms. McFarland pointed out that the vacation will benefit the public by improving traffic flow and safety, and will provide better public transit access by allowing a bus pullout at the intersection ofNE 4th St. and Jericho Ave. NE. Currently. the existing right-of-way is five feet wider than the City requires. and the developer has been working with City staff to improve Jericho Ave. NE beyond the code requirements to a modified collector street standard. Continuing. Ms. McFarland stated that although King County Assessor records and the Plat Certificate provided by the title company neglected to show the area of this vacation request as right-of-way, City staffs overall final plat review process showed this right-of-way as an area that was to be abandoned. She relayed the staff request that an easement for sidewalk, street lighting, and utilities be retained in the subject area. Ms. McFarland explained that since the City acquired the street through the 1998 East Renton Plateau Annexation. there were no original acquisition costs. The vacation area is unimproved and City funds have not been expended for its February 6, 2006 ADMINISTRATIVE REPORT CONSENT AGENDA Council Meeting Minutes of 1/23/2006 Community Services: Marine Engineering Annual Consultant Roster • Renton City Council Minutes • Page 26 maintenance. Therefore, staff recommends that compensation not be charged since the easement will provide the City with all rights necessary for the City's intended use of the area, and the City will benefit from the street improvements associated with Jericho Plat. In conclusion, Ms. McFarland stated that staff recommends approval of the vacation request, and waiver of the compensation. In response to Councilman Persson's inquiry regarding the bus pullout, Ms. McFarland explained that throughout the plat review process, the vacation area was already shown to be a part of the Jericho Plat and not right-of-way. Thus, the bus pullout has already been planned. Mike Romano, Centurion Development Services, 22617 8th Dr. SE, Bothell, 98021, noted that the vacation proposal is holding up the recording of the final plat. He explained that the original preliminary plat map showed the area as a road easement, and therefore it was considered to be a part of the plat until discovered by City staff to be right-of-way. Mr. Romano encouraged Council to approve the vacation so that the project can move forward as originally approved by Council. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRlED. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL APPROVE THE VACATION REQUEST SUBJECf TO AN EASEMENT IN FAVOR OF THE CITY BEING RETAINED OVER THE ENTIRE RIGHT- OF-WAY FOR SIDEWALK, STREET LIGHTING, AND UTILITlES, AND COUNCIL WAIVE COMPENSATION GIVEN THE BENEFITS THAT WILL BE RECOGNIZED BY THE CITY FROM THE ASSOCIATED STREET IMPROVEMENTS. CARRlED. Linda Herzog, Interim Assistant to the CAO, reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: lit The Mayor's Day of Planting is scheduled for April 22nd. This year's project will include the replacement of26 trees along Williams Ave. S. and Houser Way S., with the help of volunteers through the Neighborhood Program. lit The Renton Community Foundation Circle of Giving donated $1,000 to the Recreation Scholarship Program. lit The Washington State Department of Transportation is currently installing a safety fence on the SW 43rd St. overpass over SR-167 near Valley Medical Center. Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilman Clawson, item 7.c. was removed for separate consideration. Approval of Council meeting minutes of 1123/2006. Council concur. Community Services Department requested approval of the annual roster of consultants chosen to provide Pier, Dock and Wharf Work; River Bank Stabilization; Bridge Work; and Site Inventories and Assessments, Suitability DESCRIPTION: • ~~y ~. +~ • ?< City of Renton • PUBLIC INFORMA TION HANDOUT February 6, 2006 STREET VACATION PETITION VAC-05-005 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425.430.7209 The City Council will hear a proposal requesting the vacation of a portion of Jericho Ave NE right-of-way, 5' in width and 286' in length. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received on December 23, 2005, from Mike Romano on behalf of the property owner Norris Homes, Inc. The portion of right-of-way included in this petition was quitclaimed by Robert E Levy and Gertrud S Levy on August 3,1987. There are no facilities in the area of this vacation. The petitioner plans to use the requested vacation area in the proposed Jericho Plat development. According to the petitioner, the public benefit provided by the proposed vacation would be to improve traffic flow and safety. Currently, the existing right-of-way from the centerline is five feet wider than the City requires. Per the City's code requirements, Jericho Ave NE is only required to be developed to residential street standards. The developer has been working with City staff to improve Jericho Ave NE beyond the code requirements to a modified collector street standard. Improving Jericho Ave NE to this standard benefits the City by providing better public transit access. Specifically, these improvements will allow a bus pullout at the intersection of NE 4th Street and Jericho Ave NE. As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated alley. The ordinance shall be recorded with King County once it is in effect. 0 I I • • Vicinity Map Street Vacation VAC-OS-OOS Petitioner: Mike Romano " N E 4th Street 5' ... ... W Z C1) III > .... iii <C co N 0 .c u .-I- C1) ,.., Vicinity Map ,. ~I r-It ~R§j I'~'~' r--r, "" ." l\ 'l1 t:: ~ 100 200 I I r---',ll:: I~ Erm tF r 1: 1200 i-u ~ &1.1 e Technical Services • tit • P~dinc/PubliC Works r--: I I I I rrrn~ \.j It UcFar d -Jan. 3D, 2006 Public Hearing on VACATION PETITION VAC-05-005 February 6, 2006 • • • • z o~--------------~ 1--4 ~ U o ~ • • Ole: e: ._ :::l ~ 0 o • • ---, • • BACKGROUND • Petition received December Z005 • Pursuant to State and City Code, more than 2/3 of the abutting owners must sign the petition. • 100% of abutting owners have signed • • BACKGROUND • Right-of-way quitclaimed to King County by Robert E. Levy and Gertrud S. Levy on August 3, 1987 • No City-owned facilities in requested area • No outside agencies have facilities in requested area • .' PUBLIC BENEFIT • The petitioner plans to use the requested area in the proposed Jericho Plat development • Improve traffic flow and safety • Allow better public transit access • Improve Jericho Ave NE beyond the code requirements to a modified collector street standard • RESEARCH/ SURVEY • City departments surveyed through the plat review process • Area of this vacation request had been - shown as an area to be abandoned through this process, staff determined that City departments did not need to be resurveyed • • RESEARCH/ SURVEY Internal Review Comments • PBPW /Transportation and Development Services: -Staff had additional communication with these groups -Both had no objections provided that the • City retains an easement for sidewalk, street • lighting and utilities o u ~ • • , -C;::> r , COMPENSATION • City acquired this street through the 1998 East Renton Plateau Annexation • The City had no original acquisition costs • No City funds have been expended for the maintenance of this unimproved portion of Jericho Ave NE • • The Planning/Building/Public Works Department recommends that Council: ../ approve the request to vacate subject to the following condition: • An easement in favor of the City shall be retained over the entire right-of- way being vacated for sidewalk, street lighting, and utilities ../ determine that no compensation be due given the benefits that will be recognized by the City from the associated street improvements. • • • ''-.,~ .. After Recording Return to: Courtney Norris Norris Homes, Inc. 2053 Faben Drive Mercer Island, W A 98040 (206) 275-1901 • • R ECIl:',. OF R,NTON liE VED FEB 22 REC'D PLAN REVIEW DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS & RESTRICTIONS OF JERICHO ESTATES Grantor: Norris Homes, Inc. Grantee: Jericho Estates Reference Numbers of Documents Assigned or Released: Legal Description (abbreviated): Lots 1 through 36 of the plat of Jericho Estates recorded under King County Auditor's Recording No. _...,---:-_.,.-_.,.-___ _ Complete Legal Description is located on Pages 1 through 3 of document Assessor's Tax Parcel Numbers: THIS DECLARATION running with the land, made ·this __ day of __ --;-----,---,=---=-__ " 2005, by Norris Homes, Inc. ("Declarant" and "Developer" as appropriate). To the extent that other Covenants, Conditions and restrictions exist (either prior or subsequent) regarding the property contained within the legal description herein, the present Declaration of Protective Covenants is intended to co-exist and overlap existing and subsequent Covenants and not replace existing and subsequent Covenants. Declaration of Protective Covenants, Conditions and Restrictions Page 1 of 34 , , , > • • WITNESSETH: WHEREAS, Declarant is the owner in fee of certain real property (the "Real Property") located in the County of King, State of Which, which has been subdivided and which is legally described as follows: PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696, AND 8709280697. PARCELB: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCELC: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; Declaration of Protective Covenants, Conditions and Restrictions Page 2 of 34 , . , . • • AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCELD: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCELE: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. For ease of reference herein only, the real property subject to these covenants, conditions and restrictions is commonly referred to herein as "Lots of Jericho Estates." These CC&R's shall apply equally to all lots set forth above. The Declarant hereby covenants, agrees and declares that all of the Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants, conditions, restrictions, easements and reservations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of all of Properties, their owners and their heirs, successors and assigns. These covenants, conditions, restrictions, easements and reservations are equitable servitudes and negative easements which shall run with the Properties and shall be binding on all parties having or acquiring any right, title or interest in the Properties or any part thereof, shall inure to the benefit of each owner, shall survive and continue to run with the Properties and not be discharged by a sale of the Real Property or any portion thereof in the manner described in RCW 84.64.460. Acceptance of an interest in a Lot or a Housing Unit and Lot shall be deemed acceptance of the terms and provisions of this Declaration. Declaration of Protective Covenants, Conditions and Restrictions Page 3 of 34 , . , , • • The Declarant or its successor and assigns may become the owner of certain real property, which is adjacent to the Real Property described above. The adjacent real property, or a portion thereof, may be sUbjected to the terms and provisions of this Declaration of Protective Covenants, Conditions and Restrictions at the option of the Developer, as hereinafter provided. NOW, THEREFORE, Declarant hereby declares as follows: ARTICLE ONE Definitions For purposes of the Declaration and the Articles and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: I. "ACC" shall mean the Architectural Control Committee, as appointed pursuant to Article Nine, Section Four. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Jericho Estates Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Associations Bylaws and any amendments. 6. "Common Areas" shall mean those portions of the Properties which have been designated to be used in common for the benefit of all lot owners, including easements which are for the benefit of all lot owners and/or the Association. These common areas shall include, but not be limited to, the following: a. Tract A is a storm water detention/water quality pond and each lot owner has an equal undivided interest in said tract; b. All the street trees shall be owned and maintained by the Homeowners Declaration of Protective Covenants, Conditions and Restrictions Page 4 of 34 • • Association until King County or its successor agency has adopted a maintenance program; c. The following Limited Cornmon Areas are only for the benefit of certain lots which are defined below: (i) The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 20 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (ii) The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iii) The private access and utility easement within Lots II, 12, 25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iv) The private access and utility easement within Lots 27, 28, 31 and 32 shall be for the benefit of Lots 27, 28, 29 and 30. Lots 27, 28, 29 and 30 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (v) The private access and utility easement within Lots 30, 31, 32, 33, 34 and 35 shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; 7. "Cornmon Services" shall mean: a. Maintenance of the cornmon areas as required by the Association. b. Maintenance of the street trees planted within and/or abutting the common areas both public and private within the plat. c. Such additional services as shall be determined by the Board of Directors of the Association or the Declarant/Developer during the development period as set forth below. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions Declaration of Protective Covenants, Conditions and Restrictions Page 5 of 34 , . • • and Restrictions. 9. "DeciarantlDeveloper" shall mean Norris Homes, Inc. or any persons or entities to which it assigns its rights as DeclarantlDeveloper, or succeeds to its interest. 10. "Housing Unit" shall mean the building occupying a Lot. II. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described herein. At such time as additional adjacent real property may be subjected to the Declaration, "Lot" shall include those lots shown on and included in the plat of said additional property. "Maintained Lot" shall refer to any Lot and Housing Unit which receives Common Services. The Developer may designate a Maintained Lot in this Declaration, or in an amendment to this Declaration which adds additional adjacent property. All provisions of this Declaration which refer to Lots include Maintained Lots. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the properties. 15. "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Properties" shall initially mean the Real Property. If additional adjacent Real Property is subjected to the Declaration, "Properties" shall mean the real property described in this Declaration and the plat or plats of the additional adjacent real property. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. Declaration of Protective Covenants, Conditions and Restrictions ARTICLE TWO Page 6 of 34 , . • • Management of Common Areas. Common Services Enforcement of Protective Covenants, Conditions and Restrictions General note concerning use and development of Lots. These CC&R's are not intended to modifY and/or impair any easements and licenses of record. Therefore, all structures, development, fences, driveways and the like must not interfere with easements and licenses of record and also must comply with all applicable City, State and government codes and regulations that exist regardless of approval by the Declarant and/or Homeowner's Association. The Declarant and/or Homeowner's Association is/are not liable or responsible for approval of an item that may ultimately have to be removed or modified based on a City, State or government code or regulation. For example, if the Homeowner's Association approves a fence to be built by a Lot Owner and the Lot Owner erects the fence in an easement that interferes· with the easement and must be removed, the Declarant and Homeowner Association shall have absolutely no liability to the Lot Owner simply because they approved the construction of the fence. Section One: Development Period. During the development period, the Association, the ACC, the Common Areas and all Common Services shall, for all purposes, be under the management and administration of the Developer. a. The development period for the Real Property shall be that period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots in Jericho Estates have been sold by the Developer, or Developer's assignee to individual builders or Lot Owners or any shorter period, as determined by the Developer. It is contemplated at the time of execution of this document that the current developer will sell the entire Plat to Norris Homes, Inc. and Norris Homes, Inc. will be substituted to the rights of the Developer after the closing of the transaction. If Norris Homes, Inc. closes the purchase of the entire Plat, then Norris Homes, Inc. shall be considered the Developer under the CC& R's for ease of reference. b. Front Yard Installation. The front yard must be installed within 30 days of Final Occupancy Permit being issued by King County . Yard installation plans must be pre-approved by the Homeowner's Association prior to commencement of installation. Yards and all additional areas must comply with the County of King's rules and regulations dealing with "Impervious Surface" and any similar restrictions with respect thereto as it relates to a minimum percentage of grass area. c. Back Yard Installation. The back yard of a lot must be installed within 90 days of Final Occupancy Permit. being issued by the County of King. Yard installation plans must be pre-approved by the Homeowner's Association prior commencement of installation. Yards must consist of a minimum Declaration of Protective Covenants, Conditions and Restrictions Page 7 of 34 ----------------------------------------- , . , , • • percentage of grass and additional areas as to comply with the rules and regulations of the County of King. Section Two: Directors. Temporarv Board During Development Period. During the development period, the Developer shall appoint at least 1 director, and may appoint any persons the Developer chooses as directors. The directors will continue to serve as directors of the Association until a successor is appointed by the Developer, until a director is chosen by vote at the end of the development period or until the director resigns. The Developer may, at its option and at such time as the Developer deems appropriate, select a temporary board of at least 1 to five persons who mayor may not be purchasers of Lots. This temporary board shall have the authority and such rights, responsibilities, privileges and duties to manage the Association under this Declaration, the Articles and Bylaws, as are assigned to the temporary Board by the Developer, except the right to participate in selection of members of the ACC, appeals of the ACC's decisions, or promulgation of guidelines for ACC evaluation of submissions by Lot Owners. The temporary Board shall be subject to all provisions of the Declaration, the Articles and Bylaws, provided, that after selecting any such temporary board, the Developer, in the exercise of its sole discretion, may at any time tenninate such temporary board and resume its management authority or select a new temporary board. Section Three: Puroose of Development Period. These requirements and covenants are made in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units. Section Four: Authority of Association After Development. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the Association by this declaration, either directly or by necessary implication. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five. Section Five: Authority of Association Regarding Common Areas. The Association shall have the authority and obligation to collect assessments from the lot owners. The Association shall administer and manage the Common Areas as well as Common Services. Section Six: Delegation of Authority. The Board of Directors or the DeclarantlDeveloper may delegate any of its managerial duties, powers, or functions to any person, finn, or corporation. The Board shall not be liable for any breach of duty, negligence, Declaration of Protective Covenants, Conditions and Restrictions Page 8 of 34 , . • • omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors. ARTICLE THREE Membership Membership: Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR Voting Rights Section One: Voting Rights. Members 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 such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Section Two: Voting Rights for Maintained Lots. Owners of Maintained Lots shall be entitled to one vote for each Lot owned in any election of a representative to the ACC, subject to limitations as described in Section One. Only Owners of Maintained Lots shall be entitled to vote for representatives on the ACC. ARTICLE FIVE Property Rights in Common Areas Every Member, subject to governmental rules and restrictions and subject to the notes on the plat, shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and upon the Common Areas either owned by the Association or in which the members of the Association have an undivided interest as set forth in this Declaration. These rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: a. Rules and Regulations. The right of the Association to limit the number of guests of Members, and to adopt rules and regulations, and establish appropriate penalties for violation of such rules; Declaration of Protective Covenants, Conditions and Restrictions Page 9 of 34 L-____________________________________________________________ . , . ---------------------------~~-- • • b. Utilities. The right of the Association to exclusive use and management of said Common Areas for utilities such as pipes, wires, conduits, and other utility equipment, supplies and material; c. DeclarationlDeveIopers Rights. The rights reserved to the Developer in the Declaration; d. Right to Transfer. The right of the Association to dedicate or transfer by deed all or any part of the Common Areas to any Member, person, entity, public agency, authority or utility. No such dedication or transfer shaH be effective without the approval of two-thirds of the Members. e. Other Restrictions. The other restrictions, limitations and reservations contained or provided for in the Declaration and the Articles and Bylaws of the Association. ARTICLE SIX Maintenance. Common Expenses and Common Services Section One: Standard of Maintenance -Common Areas. a. Tract A is a storm water detention/water quality pond facility conveyed to the City of Renton. Maintenance and upkeep of the pond facility including but not limited to the detention and conveyance system, landscaping and irrigation located within the pond tract is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. b. Landscaping and irrigation located along NE 4th Street lies within the City Road Right of Way conveyed to the City of Renton. Maintenance and upkeep of the landscaping and irrigation located within the NE 4th Street Right of Way is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. c. Any planter island within any cul-de-sac turnaround is a common area and shall be maintained by the Homeowners Association and each lot owner has an equal undivided interest in said planter island; d. All the street trees shall be owned and maintained by the Homeowners Association until the City of Renton or its successor agency has adopted a maintenance program; Declaration of Protective Covenants, Conditions and Restrictions Page 10 of34 , . • • e. The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 20 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; f. The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; g. The private access and utility easement within Lots II, 12,25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; h. The private access and utility easement within Lots 27, 28, 31 and 32 shall be for the benefit of Lots 27, 28, 29 and 30. Lots 27, 28, 29 and 30 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; i. The private access and utility easement within Lots 30, 31, 32, 33, 34 and 35 shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; J. Street trees planted as a condition of plat approval and planted within and/or abutting individual lots and planter strips shall be maintained by the owners of said lots and the street tress planted within and/or abutting the private and public tracts within this plat shall be owned and maintained by the Homeowners Association. Section Two: Standard of Maintenance -Lots. Each Lot Owner hereby covenants and agrees to maintain his respective Lot and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain their home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform the maintenance and upkeep of any drainage and/or underground drain lines and catch basins installed by the Developer on their Lot which are servicing the yard drainage needs on more than one Lot. In addition to maintaining each Lot Owner's individual Lot, each Lot owner shall maintain that area of the Planter Strip that is between each Lot's Owner's individual Lot and the street for the width of the Planter Strip that is of equal length of the Lot Owner's Lot. Declaration of Protective Covenants, Conditions and Restrictions Page 11 of34 , . • • Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or the Housing Unit located thereon, or fails to maintain the Lot and Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall have the right to notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within (30) days of the date notice is delivered to the non-performing Lot Owner, the Association shall have the right to provide such maintenance, and to levy an assessment against the non performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other annual or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. Section Four: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Common Expenses shall include, but shall not be limited to, the following: a. The expense of maintaining the Common Areas as more particularly set forth in Section One; b. The real property taxes levied upon the Common Areas. c. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC d. The cost of any repairs or replacement of Common Areas; e. Utility charges attributable to Common Areas owned by the Association; f. The cost of operating any recreational facilities; g. Any other expense which shall be designated as a Common Expense in the Declaration or from time to time by the Association. Declaration of Protective Covenants, Conditions and Restrictions Page 12 of34 • • ARTICLE SEVEN Assessments Section One: Types of Assessments. Each Lot shall be subject to annual assessments or charges and certain special assessments in an amount to be determined by the Association. Each Maintained Lot shall, in addition to the assessments and charges for Lots, be subject to annual assessments or charges and certain special assessments for Common Services. Section Two: One-Time Initiation Fee and Annual Assessments. It is understood that all owners of lots within Jericho Estates will become members of the Jericho Estates Homeowners Association, a non-profit corporation organized and existing under the laws of the State of Washington. This Association, will provide for the assessment and collection of a one-time initiation fee approximately $400.00 for each Purchaser of a Lot, at closing which will be paid directly to Developer to partially reimburse Developer for expenses associated with certain improvements installed by Developer on behalf of the Association. In addition to the one-time initiation fee, The Association will also assess annual dues and each member is to maintain and improve the common areas of Jericho Estates. The annual dues of the Association are $400.00 per annum until amended and shall be paid to The Jericho Estates Homeowners Association on a pro rata basis depending on the actual closing date of an owner's purchase of a Lot. The initial annual assessment shall be $400.00 per Lot commencing on January 1st of each year, 20% of which shall be allocated and paid to the Declarant/Developer for plat management services provided or by a professional management firm hired by the DecIarantlDeveloper to the Association. Such allocation of funds to the DeclarantlDeveJoper 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 By-Laws of the Association. Each BuilderlLot Owner, upon purchasing from a Developer shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 30th of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Builder/Owners who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of Lots owned by all such Builder/Owners. At such time as there had been sufficient assessments collected by the Association, then said Builder/Owner shall be reimbursed. DecIaration of Protective Covenants, Conditions and Restrictions Page I3 of34 • • The Declarant shall not be responsible or liable for the payment of any assessment against any Lot owned by the Declarant. Section Three: Determination of Amount. The Board of Directors of the Association shall determine the amount of annual assessment necessary to pay Common Expenses at least 15 days prior to the start of its fiscal year. The amount of annual assessment may be increased or decreased periodically as may be necessary from time to time to provide properly for payment of the Common Expenses. The amount of such annual assessments shall be equal for all Lots subject to said annual and special assessments except for assessments of Owners of Maintained Lots. There shall be no annual assessment for Lots or Maintained Lots owned by Developer, without the consent of the Developer. The Association may create and maintain from regular annual assessments a reserve fund for replacement of those Common Area improvements which can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board or ACC fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board or ACC until such time as the Board acts. Section Four: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot or Maintained Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Five: Special Assessments. In addition to the annual assessments authorized above, the Association, by and through its Board of Directors, or the ACC may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto, or the provision of any necessary Common Services. However, Lots owned by the Developer shall not be subject to special assessments and the Developer shall not be obligated to pay any special assessments. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a licensed contractor retained by the Board or ACC for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds the Members or Owners of Maintained Lots, as appropriate. Declaration of Protective Covenants, Conditions and Restrictions Page 14 of34 • ARTICLE EIGHT Collection of Assessments. Enforcement of Declaration. Attorney's Fees and Costs • Section One: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a charge on the land and will be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas, Common Services or abandonment of the Lot. Initially, the annual homeowner association dues shall be $400 per year. The Board of Directors may aniend and modify the annual dues by a majority vote of the Directors presiding at that time. Upon the initial sale of a lot from the Declarant to the initial home purchaser, the home purchaser shall pay the $400 homeowner association dues in full at the time of closing. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly vests in the Association, or its agents, the right and power to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to 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 at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting. Rights Common Services. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, said Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Default in the payment of assessments for Common Declaration of Protective Covenants, Conditions and Restrictions Page 15 of34 • • Services shall entitle the ACC to suspend provision of Common Services for the defaulting Owner of a Maintained Lot and ACC voting rights. Section Four: Commencement of Assessments. The assessments shall commence as to each Lot within the property (except Lots owned by the Developer) upon the first day of the month following the initial conveyance of the Lot. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer may, at its election, collect from each Purchaser an amount equal to six months' assessment for the Association and ACC, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall inure to the benefit ofthe Association. Section Five: Enforcement. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules or regulations adopted by the Association, or the provisions of the Articles or Bylaws of the Association. In the event· the Board commences an action to enforce any such rights, including the rights of any individual Lot Owner, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Eighteen, Section Five. . ARTICLE NINE Building, Use and Architectural Restrictions Section One: Development Period. The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the development period as described in Article Three, Section One. This reserved right shall automatically terminate when the Developer no longer owns any Lot in the Real Property or Adjacent Real Property, or at such earlier time as the reserved right is relinquished to the Board of Directors or the ACC of the Association. Each Lot shall be subject to this reserved right and each Owner shall take subject thereto. Section Two: Authoritv of ACC After Development. At the expiration of the developer's management authority during the development period, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shaH include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the ACC by this Declaration, either directly or by necessary implication. Declaration of Protective Covenants, Conditions and Restrictions Page 16 of34 • • Section Three: Delegation of Authority of ACC. The ACC or the developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The ACC shall not be liable for any breach of duty, 'negligence, omission, intentional act or improper exercise by a person is delegated a duty, power or function by the ACC. Section Four: Appointment of ACe. The Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. Section Five: ADDfoval Required. Except as to original construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until at a minimum, the building plans, specifications and plot plans showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no exterior changes of any kind shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. a. If the ACC or its authorized representative shall fail to notifY the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be submitted to the ACC upon personal delivery of a complete set of all required information on the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the ACC by written notice to the Members. b. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted they shall be available to all interested parties upon request. Declaration of Protective Covenants, Conditions and Restrictions Page 17 of34 --------------------------------------------------------------- • • c. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. d. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. The ACC may retain and consult persons or entities qualified to assist in the evaluation of plans submitted to the Board for review. f. The ACC, its agents and the Members shall not be liable to the Association, to any Owner or to any other person for any damage, loss or prejudice resulting from any action on a matter submitted to the ACC for approval of plans and specifications or for failure to approve any matter submitted to the ACC. The ACC or its members may consult with the Association or any Owner with respect to any plans, drawings or specifications, or any other proposal submitted to the ACC. g. The Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board. h. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval ofthe Board. Section Six: Restrictions on Permanent and Temporary Structures. If an "out building" or structure is placed or erected on a Lot, the "out building" or structure must conform to all applicable building codes and set back requirements. Despite building and zoning codes, in no event be can the "out building or structure be taller than six (6) feet in height measured from the topography of the land to the structure's tallest point including antennae, if any. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. This section and restriction contemplates and includes such things as carports (both Declaration of Protective Covenants, Conditions and Restrictions Page 18 of34 • • pennanent and temporary/portable), Recreational vehicle covers (both pennanent and temporary/portable), boat covers (both pennanent and temporary/portable), and car covers (both pennanent and temporary/portable). Section Seven: No noxious or undesirable thing, activity or use of any Lot in the Properties shall be pennitted or maintained. If the ACC shall detennine that a thing or use of property is undesirable or noxious, such detennination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action, to abate any activity, remove anything or tenninate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Eight: Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the tenns of this Declaration. Section Nine: Limitation on Signs. No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner thereof, or such Owner's authorized agent. In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns, so long as it owns any Lot, the right to maintain upon the property such signs as in the sole opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer as herein provided . . Section Ten: Completion of Construction Projects. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within six months of the date of commencement of construction, except such construction as is perfonned by the Developer, which shall be exempt from the limitations contained in this Section. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. a. No mobile homes or manufactured homes or modular homes are pennitted within Jericho Estates. Declaration of Protective Covenants, Conditions and Restrictions Page 19 of34 • • b. The total finished floor area in anyone residential unit should be no . less than 1500 square feet for ramblers or two stories and 1550 square feet for splits or tri-Ievels with unfinished basements. c. No T-ll1 siding will be used on the front exterior. d. No individual water supply system shall be permitted on any lot. e. No individual sewer disposal system shall be permitted on any lot. f. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, banks, tunnels, mineral excavations or shafts be permitted upon or in. any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. g. No lot or portion of a lot in this plat shall be divided and sold and/or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use as a single family residence within the prevailing Building Code for the County of King. The purpose of this section is to prevent the creation of "sub-standard" sized lots and/or "unbuildable" lots. Section Eleven: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; no decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve: Antennas Satellite Reception. No radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home or on any lot with the exception that a satellite dish eighteen (18) inches (more or less) in diameter may be attached to the exterior of any home with the approval of the Architectural Control Committee. Ifthe satellite dish is affixed to the exterior of the actual house, there is no height restriction on its placement. However, if the satellite dish is placed on a pole or other structure apart from the house, the satellite dish can be no higher than seven (7) feet tall measured from the topography of the land. Section Thirteen: Storage of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located on the Properties shall not be used for the storage Declaration of Protective Covenants, Conditions and Restrictions Page 20 of34 • • and/or overnight parking of any vehicle other than private family automobiles or motorcycles; and no commercial vehicle, boat, boat trailer, house trailer, camper, truck, truck with camper, or other recreational vehicle or similar object may be stored and/or parked overnight on any part of the Properties, except as specified herein. No inoperable vehicles of any kind, or motorcycles shall be parked, stored, maintained, or constructed on any lot or street unless stored in a garage. Notwithstanding the foregoing, the following two (2) uses are allowed: (1) It may be permissible by the ACC to approve a Lot Owner storing/parking a recreational vehicle, boat and/or boat trailer on the side or backyard of a Lot as long as (a) The ACC approves the Lot Owner's plans in advance; (b) a fence in constructed in conformity with the CC&R's with a gate made of the same material and height as the overall fence so that when the gate is closed, the object stored/parked is adequately screened from view in the sole discretion of the ACC on a case by case basis; (c) the ingress and egress of the object does not require a path that encroaches on another Lot Owner's parcel; and (d) if the ACC deems it important to the overall aesthetics of the neighborhood, the ACC can require an area of the Lot demarked as the ingress/egress path to be surfaced with crushed rock, asphalt or concrete and the ACC can require additional landscaping be maintained to enhance the overall appearance of the Lot. (2) Another use that is allowed concerns Lot Owners who have guests visiting them who intend to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the ACC or its authorized representative, for guests to park a vehicle upon the Lot owned by a Lot Owner or the public street adjacent to a Lot for a period of up to 7 consecutive calendar days. The same camper, trailer or other form of recreational vehicle must then be immediately removed and cannot be parked in any area subject to these CC&Rs within the following 50 weeks. The privilege shall only exist, however, after the written permission has been obtained from the ACC or its authorized representative. Violation of this restriction shall result in a $100 per day fine for each day of the violation. The ACC or its authorized representative may give written notice of a violation to the Lot Owner or occupant and the Lot Owner or occupant shall have two (2) days from the date of receipt of the written notice to take whatever actions are necessary to remedy the violation. If said Lot Owner shall not comply within the three-day period, the ACC or its authorized representative is hereby granted the right to remove at the expense of the Owner thereof, any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. The Lot Owners hereby grant to the Association and the ACC an express easement for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of Declaration of Protective Covenants, Conditions and Restrictions Page 21 of34 ------------------------------ • • removing any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. No mechanical repair shall be conducted on any Lot unless such repairs are conducted in a fully enclosed garage on the Lot on the Owner's private vehicle. Any such repair activity must be conducted in a manner which is not offensive to persons residing in the neighborhood, is not unsightly and does not result in unusual noise or debris being placed upon the premises. The power of the ACC to remove any inoperable vehicle or motorcycle or other motorized apparatus. on which mechanical repairs are being conducted in violation of the terms of the covenant shall be exercised in the same manner as described above, in this Section. Section Fourteen: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. For purposes of this covenant, eaves, steps and open porches shall not be considered a part of a building; provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. Section Fifteen: Roofs. Roofs on all buildings must be finished with tile, cedar shakes or composition roof unless approval for use of other material is granted by the ACC or its authorized representatives. The color of the roofing material must be approved either by the Declarant or the Homeowner Association. Section Sixteen: Driveways. All driveways and parking areas shall be exposed aggregate, unless approval for use of another material is granted by the ACC or its authorized representatives. Section Seventeen: Fences and WaHs. In order to preserve the aesthetics of the Properties, no fence, waH or hedge shaH be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the properties shall be approved by the ACC before construction, and shaH be substantially similar or in harmony with other fences located on the Properties. Fences are to be constructed of cedar material and shall not exceed 6 feet in height and must be constructed of cedar. Fences can not be erected in the front yard. A backyard fence can not extend beyond the front of the house or garage depending on the respective side the fence is built. Section Eighteen: Residential Use Only: Home Businesses Limitation and Home Office Exception. A. Home Business: Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family Declaration of Protective Covenants, Conditions and Restrictions Page 22 of34 • • dwelling with driveway parking for not more than three cars, and no trade, craft business, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any to or within any building located on a lot; nor shall any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored, outside any building on any Lot; nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. B. Home Office: However, the provisions of this Section may be waived in writing by the ACC upon application by a Lot Owner for "home office" use. In drawing a distinction between a Home Business and a Home Office, a Home Office will not adversely impact the neighborhood in the sole discretion of the Homeowner's Association, no clients or customers would visit the home and the Lot Owner would not have any other employees or independent contractors. Such application shall describe the type of home office use to be conducted, the estimated amount of traffic generated and the impact of such activity on the neighborhood. The ACC shall exercise its sole discretion to approve or disapprove such activity, balancing the interests of the Lot Owner with the impact on the neighborhood. Nothing in this Section shall permit the use of a Lot for a purpose which violates law or applicable zoning codes. Section Nineteen: Refuse: No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. No building material of any kind shall be placed or stored upon any Lot until the Owner is ready to commence construction; then such material shall be placed within the property line of the Lot upon which the structures are to be erected and shall not be placed in the street. Section Twenty: Fuel Tanks Prohibited. No fuel tank shall be maintained on any Lot. Section Twenty-One: Excavations. Except with permission of the ACC, or except as may be necessary in connection with the construction of any improvement approved by the ACC, no excavation shall be made nor shall any dirt be removed from a Lot. Section Twenty-Two: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-three: Enforcement. The Association, or the Developer during the development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article, but Declaration of Protective Covenants, Conditions and Restrictions Page 23 of34 • • must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. Section Twenty-four: Restrictions on Use of Cui de Sac. Streets. Common Areas and Open Spaces: Lot Owner will not be allowed to erect basketball goals or place portable basketball goals in any location in front of the house including the cul de sac, streets, common areas, open spaces and/or sidewalks. Basketball backboard/hoop may not be attached to the garage area of the front of the house in the driveway area BicycIe/skateboard/rollerblade/roller-skate/scooter use shall be allowed; however, they cannot be ridden on the sidewalks and cannot interfere with the adjacent property owner's quiet enjoyment of their respective property. Section Twenty-five: Restrictions on Parking: Vehicles iJf any kind may not be parked in the street and/or in the Cui de Sac. Further, vehicles may not be parked in the front yard. The driveway is not considered "yard." ARTICLE TEN Easements Section One: No Implied Easements. There are no implied easements over, upon or across any portion of the Properties. Section Two: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for said encroachments and for maintenance of the same as long as the encroachments remain. Section Three: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such lot, except those improvements for which a public authority, utility company or the Association is responsible. Declaration of Protective Covenants, Conditions and Restrictions Page 24 of34 ---------------------------------------------------------------- • • Section Four: Association's Easement of Access. The Association, the ACC, the ACC and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, repair or replacement of any home or Lot as provided in Article Seven, Section Three of this Declaration which shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in that article arid section; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all cleaning, maintenance or replacement of any home or lot as provided in Article Fourteen, Section Four, which shall also include the right of entry to the interior of any building, to the extent necessary to perform the work described in that article and section; (f) all work necessary to perform Common Services for Maintained Lots; and (g) all acts necessary to enforce these Covenants. Section Five: Easement for Public Service Personnel. Art easement for access by police, fire, rescue and other personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public-duties. Section Six: Easement for DeveloperlDeciarant. DeveloperlDeciarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Seven: Easement for installation and maintenance of utilities and drainage facilities. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow or drainage channels in the easements. The easement(s) of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE ELEVEN Mortgage Protection Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee (Mortgagee) which holds a mortgage given for the purpose Declaration of Protective Covenants, Conditions and Restrictions Page 25 of34 • • of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable actions, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation ofthe defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confIrm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefore to: (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited fInancial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all Such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association Declaration of Protective Covenants, Conditions and Restrictions Page 26 of34 . . • • shall not, without the prior written approval of fifty-eight percent (58%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE Management Contracts Each Member hereby agrees that the Association and the ACC may enter into such agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN Insurance and Condemnation Section One: Coverage. The Association shall purchase as a Common Area Expense and shall have authority to and shall obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It shall also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association, but shall not be less than $1,000,000 concerning all claims for personal injury and/or property damage arising out of a single Occurrence. It shall also obtain, if available at a reasonable cost, insurance to cover the Board and the ACC, its agents and employees, from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. Costs of insurance Declaration of Protective Covenants, Conditions and Restrictions Page 27 of34 . . • • obtained by the Developer during the development period shall be a Common Area Expense. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgage's clause and shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all, insured named therein, including Owners and Institutional First Mortgagees. Section Two: Homeowner's Insurance Required. In addition to the aforementioned insurance carried by the Association, every Owner, at his own expense, shall insure his own Housing Unit against loss or damage by fire or other hazards in an amount equal to the full replacement value thereof, during any construction period and thereafter. Section Three: Fidelity Bond .. The Association shall obtain fidelity bonds which shall afford coverage to protect against dishonest acts on the part of officers, directors, managers, volunteers, trustees, and employees of the Association and the ACC or the managing agent and all the persons who handle or are responsible for handling funds of the Association and the ACC in an amount equal to three (3) months assessments on all Lots, including reserve funds. All such fidelity bonds shall name the Association as an Obligee, contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of employee or similar expression, and provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insureds named therein, including Owners and Institutional First Mortgagees. Section Four: Replacement. Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any licensed contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. In the event of damage or destruction by fire or other casualty to any Housing Unit, the Owner thereof shall, upon receipt of the insurance proceeds, contract to repair or rebuild such damage or destroyed portions in a good workmanlike manner in conformance with the original plans and specifications of said Housing Unit. Plans and specifications for such damaged or destroyed Housing Unit may be modified and the damaged or destroyed Housing Unit may be reconstructed in accordance with said modified plans and specifications if the Owner of the damaged or destroyed Housing Unit secures the approval of the ACC or the Developer, as the case may be, provided in this Declaration. In the event such Owner refuses or fails to commence such repair or rebuilding within thirty (30) days after such damage or Declaration of Protective Covenants, Conditions and Restrictions Page 28 of34 I • --~ -------------------------- • • destruction, unless such period is otherwise extended by the Association, the Association is hereby authorized by such Owner, if the Association so desires, to repair, rebuild or clear and clean up any such Housing Unit. The Association shall first obtain an estimate of cost of perfonning such repair, rebuild or clearing/clean up work as is necessary, such estimate to be perfonned by a licensed contractor approved by the Board for such purpose. Upon provision of the estimate, the Association may assess the Lot owner for the cost of the proposed improvements, and such assessment shall become a lien in the manner described in Article Nine. Any rebuilding shall be done in a good and workmanlike manner. The Owner shall pay the Association the amount reasonably necessary to perfonn such repairs and reconstruction, and the Housing Unit shall continue to be subject to the lien for such amount until it is paid in full. The Association may, at any time, enforce its rights as provided in the Declaration for collection of the assessment and foreclosure of the lien. Section Five: Condemnation. If at any time or times during the continuance of the Housing Unit ownership pursuant to this Declaration, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in advance thereof, the provisions of this Section Five shall apply, and notice of the proceedings or proposed acquisition shall promptly be given to each Owner and to each Institutional First Mortgagee. All compensation, damages, or other proceeds there from, the sum of which is hereinafter called the Condemnation Award shall be payable to the Association. The Condemnation A ward shall be apportioned among the Owners as directed by the Association who shall fairly and promptly allocate and distribute such Condemnation Award. If the entire property is condemned or taken, ownership in the Common Areas shall tenninate. The Condemnation Award shall then be distributed among the Owners in like proportions. ARTICLE FOURTEEN Rules and RegUlations The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof. All Lot Owners shall be given written notice of the rules and regulations or the rules and regulations may be posted in a conspicuous place in the Common Areas. ARTICLE FIFTEEN Remedies and Waiver Section One: The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Declaration of Protective Covenants, Conditions and Restrictions Page 290f34 • • Association and the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No waiver. The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist in anyone or more instances upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors ofthe Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN Benefits and Burdens Run with the Land The covenants, restrictions, reservations and conditions contained herein shall run with the land as covenants real and equitable servitudes and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. After the date on which the Declaration has been recorded, these covenants, restrictions, reservations and conditions may be enforced by the Association or Developer which shall have the right to enforce the same and expend Association monies in pursuance thereof, and also may be enforced by the Owner of any Lot. ARTICLE SEVENTEEN General Provisions Section One: Singular and Plural. The singUlar wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section Two: Severability. The invalidity of anyone or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs Declaration of Protective Covenants, Conditions and Restrictions Page 30 of34 . ,. • • or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted. Section Three: These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as hereinabove provided. Section Four: Pemetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Five: Attorney's Fees. Costs and Expenses.· In the event the Association employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and· all expenses incurred in the action, whether determined· by judgment, arbitration or settlement. Section Six: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when deposited in the United States mail, postage prepaid. ARTICLE EIGHTEEN Amendment and Revocation Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Developer. During the development period, except for amendments affecting the maintenance responsibility for common areas as defined in Sections 6a and 6b which must be approved by the City of Renton prior to adoption, the Developer may amend this instrument in any and all respects including, but not limited to, adding Additional Real Property and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. Declaration of Protective Covenants, Conditions and Restrictions Page 31 of34 '" , I _~ • • Section Three: Meeting.' Except for amendments affecting the maintenance responsibility for common areas as defined in Sections 6a and 6b which must be approved by the City of Renton prior to adoption, this Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if fifty-eight percent (58%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if fifty-eight percent (58%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 3.1 Voting rights; 3.2 Assessments, assessment liens and subordination of such liens; 3.3 Reserves for maintenance, repair and replacement of Common Areas; 3.4 Insurance or fidelity bonds; 3.5 Responsibility for maintenance and repair; 3.6 Contraction of the project or the withdrawal of property from the Properties; 3.7 The boundaries of any Lot; 3.8 Leasing of Housing Units other than as Set forth herein; 3.9 Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 3.10 Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 3.11 Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 3.12 Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or Declaration of Protective Covenants, Conditions and Restrictions Page 32 of34 • .. f , . ., • • 3.13 Any provisions which are for the express benefit of Institutional First Mortgagees. Section Four; Effective Date. Amendments shall take effect only upon recording with the Recorder of King County. Section Five; Protection of DeveloperlDeciarant. For such time as Developer shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which; a. Discriminate or tend to discriminate against the Developer's rights. b. Change Article I (Definitions) in a manner which alters the Developer's right or status. c. Alter the character and rights of membership or the rights of the Developer as set forth in Article III. d. Alter its rights as set forth in Article X relating to architectural controls. e. Alter the basis for assessments, or the Developer's exemption from assessments. f. Alter the number or selection of Directors as established if in the Bylaws. g. Alter the Developers rights as they appear under this Article. Declaration of Protective Covenants, Conditions and Restrictions Page 33 of34 , . . .-, .~; • • IN WITNESS WHEREOF, the Declarant has hereunto set its hand this __ day of ,2005. STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) DECLARANT: Norris Homes, Inc., a Washington corporation By: .~~~~-=-~~--------John Norris, President On this __ day of , 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John Norris to me known to be the President of Norris Homes, Inc., the corporation that executed the foregoing instrument, and 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 they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Declaration of Protective Covenants, Conditions and Restrictions Printed Name: NOTARY PUB=L-;-IC::;-;i-n-an-d-;-;:fo-r--:t:-he---;::-S--:ta-:-te-o---:f::--- Washington, residing at ________ _ My commission expires: _______ _ Page 34 of34 • December 7, 2005 Norris Homes, Inc. C/O Centurion Development Services Attn: Mike Romano 22617-Sth Dr. SE Bothell, WA 98021 e. ...... D" N 90 King County Water lstnct o. 15606 South East 128th Street Renton, Washington 98059-4540 Phone: 425-255-9600 Pax: 425-277-4128 R E7' ~?,f~JE 0 .FEB 2 2 RfC'O PLAN REVIEW RE: Substantial Completion of Water Mains and Hydrants -Jericho Plat -City of Renton Construction Permit # U0501 00 Mr. Romano: District staff has reviewed the Jericho Plat Water System and found that the water mains are in and the hydrants operational within the plat. Therefore, this letter is to inform you that the water mains and hydrants have been installed to the Districts satisfaction. If you have any questions on this matter, please give me a call. mA1~·--- Thomas N. Hoffinan General Manager, KCWD 90 cc: Mike Romano, Norris Homes, Inc., C/O Centurion Development Services Z:\Devcloper Extensions\Substanliai Completioo\Jericho Plat 12 07 OS.doc .' , I Mayor December 19,2005 Michael Romano Centurion Development Services 22617 -,-Sth Drive SE Bothell, W A.9S021 SUBJECT: JERICHO FINAL PLAT CITVfF RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E.,Administrator PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENT LUA 05-137 -35 SINGLE FAMILY LOTS Dear Mike, PERMIT U040290 (UTILITY AND IMPROVEMENTS) STREETLIGHTS PERMIT NOT ISSUED YET Staff has completed their review of the above subject 35-101 plat and has made the following comments. Although every attempt is made to do a thorough review, there made be additional comments as supplemental information becomes available. Once you have completed the revisions please resubmit three bluelines to my office. Final Plat Recording Concerns: I. Note the City of Renton land use.actiori number and land record number, LUA-05-I37-FP and LND-JO-04l4, respectively, on all fmal plat-drawing sheets. The hind use action number (LUA- 04-031-FP) currently noted on the plat submittal is the preliminary plat number, which is no longer valid. 2. Correct the reference to the "CITY OF KENT" as currently noted at the end of the third paragraph under the "DEDICATION'; block. 3. Add a note ("See Setback Table") on each lot that is listed on the setback table (Sheet 3 of 3). 4. Remove the inner bold line used for the 5.00' street dedication on the east side of the subject plat. Said 5.00' strip is actually a continuation of the land already noted for public right-of-way (NE 3rd Street) within the plat and need not be dedicated separately, or shown separately from said public street, or separately from the fillet at the comer ofNE 4th Street and Jericho Ave NE. The note referencing said dedication (Sheet 3 of 3) is not needed. 5. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. 6. Note whether the properties to ihe south of the subject plat are platted (give plat name and lot number) or unplatted. 7. See the attachment for the plat lot addresses. Said addresses (and street names) need to be noted on the plat submittal. -'C::"'\F\HrruarF<!d"w",orf1<k~Ue!i'1nlf1cn"'~O'E\'t0ll~iIlCl"'8"-tt"1l'll",,uffi!ll121d",Id1"-y!ll('WK=ymi_"'C~1!f~t:r'b"'ffi"'o<C"'.f,rr:IW:C-as--:h--:in-g-to-n---:9-=870575:-------~ * This pClper contains 50% recyded material, 30% post consumer AHEAD OF TilE CURVE / December 19, 2005 Page 2 , , 8 .. There is a Homeowner's' Association for this plat. Therefore, the following language concerning ownership of "Tract A" (Storm Drainage) applies to this plat and should be Iloted on the final plat submittal as follows: Upon the recorciing of this plat Tract A is hereby granted and conveyed to the Plat of Jericho Homeowners' Association (HOA) for a storm drainage facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in ihis plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. 9. Note under Item No.5 of the GENERAL NOTES" block that said Tract A is conveyed to the Jericho Homeowners' Association. 10. The private access and utilities easelll.ent over lots noted in Item No. 6 of "GENERAL NOTES" includes a reference to Lot 20. Said'~asementdoes not appear to fall within the boundaries of Lot 20.' . . .' '" II. Provide an updated Plat Certificate fot Council approv~l. SaidCc;rtificate must be dated witlnn the 45-day time frame prior to Council action on said pllit. ,.' 12. Because there are new,private easellle~ts'[o.ringiess; egress and lltilities noted on the plat submittal (NE 3rd Circle', NE 3rd Phlce, aiid other unnamed easementS), a "NEW PRN ATE EASEMENT FOR INGRESS, EGRESS'!&:','UTILITIES MAINTENANCE AGREEMENT" statement is required on the phit doc4Jhen12·; Seethe attachme'nt. ',. . . ',';,}p", <. . . 13. Reference the CC&Rs document on'the final plat document and inc1!ide a space for the recording number thereof. . ,.... <, 14. See the attachments for circlea items 'that need to be corrected'" ,.t 15. On Easements Provisions (Sheet 2)incl~de language: traffic.sT~al and appurtenances. " '. 16. The note regarding the abandonmenfofa.lO; wide road easement (Rec, No. 8710061104) along the east side of the subject plat infers that you are proposing a Release of Easement. If this is correct, you need to request a Release of Easement. Please see Renton City Code Section 9-1-5 EASEMENT RELEASE PROCESS and contact Sonja Fesser at 425-430-7312. Otherwise remove the wording "(to be abandoned)';. . Plan Review Final Plat Comments: .17. Show the square footage of the area being dedicated as Right-of-Way . . 18. There are two public utility easement not shown on the final plat map. The sewer ll1ain extension along lots 27-29 and the sewer main along lots 30-32, The public utility easement shall be IS-foot wide and the sewer main has to a minimum of 5 feet and a maximum of 7,5 feet of the edge.of the easement. Check civil plans and as-built to have the easement consistent with the utility. 19. Sheet 3 shows a 7-foot sidewalk easement. Said easement is 8-foot. See attachment for dimensions, Add bearings and distance for said easement. Also add a detail of the easement. 20. Notes No. I and 2 under General Notes (Sheet 2) should also appear on Sheet 3. , . ---------------------------------------------- December 19, 2005 Page 3 I , 2 I, III the Declaration of Covenants, Conditions imd Restrictions, Article Six, Section la, is incomplete. The maintenance must also include mainteriance of the pond facility and its conveyance facilities. . 22. Article Eighteen should contain lahguage in both Sections 2 and 3 that amendments affecting the , maintenance responsibility for common areas as defined in Section 6a and6b must be approved ' by the City of Renton before adoption. ' , ' '. 23. Submit in a separate sheet (8.5x 11 and I" margins): a) l.egal description of all parcels of Jericho , plat, b) Vicinity Map, c) plat map. These will become exhibits of the Jericho Resolution, to be approved by City, Council. 24. Need a letter of acceptance from Water District #90. 25. Need certification of the pondyolume and detention elements. Planning Review Final Plat Comments: 26. Lot # 10 must be slightly revised,to.provide the minimum I<;>t width of 60 feet for corner lot. Presently, Lot 10 has a 59.50' .width. ' '. . .' Fire Prevention Comments:, • 27. All roadway and street signage work needs.to.be completed: , " '-J ' ~. < .•. .~. Construction Concerns: , . 28. Please note that the comments above addrtls.s the plat review: You will want til continue working with Mark Wetherbee toinsurethat!he'project has aftnal walk through and a sign-off by the inspector. This includes imy,p~ch'list items from the inspectorand£6r the City Maintenance Division. The project also nee~s to,complete the standard paperw()rk including submitting As Built drawings,As Built myliu:,s and Maintenarice Bonds. ",_:.it , As-Built Concerns: 29. 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 orPLS. 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 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 blue lines and if all is in order I will 'then call for the civil mylais to be returned. These final mylars must be submitted for our permanent records. Con'struction Cost Data Concerns: 30. 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" Storm Drainage Systems, street improvements and street lighting on the --. . './ . December 19, 2005 Page 4 I Cost Data and Inventory Form 'and sign it aHhe bottom. This form is to.reflect only those facilities that will be tumed'over'to the City. Examples of items that are NOT tumedover are side sewer stubs, water service lines and private storm drainage facilities. Retunl the original form to my office. 31. The Bill of Sale is to reflect the items and quantities as shoWn on the Cost Data and Inventory form (both are enclosed). ' ' , 32. A Maintenance Bond is required in the amoUnt of 10% of the grand total of the water, sewer, storm, street and street lighting costs as shown on the Cost Data Inventory form. A standard City of Renton maintenan~ebond foimis encl6sed. The permit bond will be released upon receipt and acceptance of the maintenance bond, of the above documentation and final sign-off by the inspector., 33. The applicant shall pay the Fire Mitigation,Feeof,$488.00 per each new single-family lot. The fee shall be paid prior to the recordihi of the final plat. , ! • -~ . ~". 34'. The applicant shall pay the Transpo~tion·Mitigation Fee ot'$75.00 per each new average daily trip associated willi the p[6ject prior tothe"~~~ordiitg of thdinafHlat. . ;~ 35. The applicant shall pay/the Parks Mitigation Fee of $530.76 per d~h new single-family residence lot. The fee is due prior to the tecorqing ~Mi)e)fi.nlliplat. " "~, . . ,".:' ~ . -, ~~, ,>,.:,:'. -' ','/ , It is a team effort of all of the,above C;itYf.~i~.~J,g~,~;:x,o',lT engineer .~~ y?ur land surveyor to get your plat to final plat approvaUfyou have any.questlOns'please contact me at:425-430-7278. ", .' -." 'J: ~'::~r~ "-~'~:,:. ~.' Thank you for yourcoop~r3.tion:, Sincerely, cc: Kayren Kittrick Lua 05-137FP . ~r.,. • I DATE: TO: FROM: SUBJECT: .. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 14,2005 Juliana Fries SonjaJ. Fesser-.p"# Jericho Plat, LUA-05-137-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-05-l37-FP and LND-lO-04l4, respectively, on all final plat-drawing sheets. The land use action number (LUA- 04-03l-FP) currently noted on the plat submittal is the preliminary plat number, which is no longer valid. Correct the reference to the "CITY OF KENT" as currently noted at the end of the third paragraph under the "DEDICATION" block. Remove the setback table (Sheet 3 of 3). Setbacks are determined at the time of issuance of building permits. Remove the inner bold line used for the 5.00' street dedication on the east side of the subject plat. Said 5.00' strip is actually a continuation of the land already noted for public right-of-way (NE 3'd Street) within the plat and need not be dedicated separately, or shown separately from said public street, or separately from the fillet at the corner of NE 4th Street and Jericho Ave NE. The note referencing said dedication (Sheet 3 of 3) is not needed. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. Note whether the properties to the south of the subject plat are platted (give plat name and lot number) or unplatted. \H:\File Sys\LND -Land Subdivision & Surveying Re<:ords.\LND-IO -Plnts\0414\RV051208.doc / December 15, 2005 Page 2 - See the attachment for the plat lot addresses. Said addresses (and street names) need to be noted on the plat submittal. There is a Homeowner's' Association for this plat. Therefore, the following language concerning ownership of "Tract A" (Storm Drainage) applies to this plat and should be noted on the final plat submittal as follows: Upon the recording of this plat Tract A is hereby granted and conveyed to the Plat of Jericho Homeowners' Association (HOA) for a storm drainage facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. Note under Item No.5 of the GENERAL NOTES" block that said Tract A is conveyed to the Jericho Homeowners' Association. The private access and utilities easement over lots noted in Item No.6 of "GENERAL NOTES" includes a reference to Lot 20. Said easement does not appear to fall within the boundaries of Lot 20. If this final plat has not been presented to the City Council for approval to date, then have the applicant provide an updated Plat Certificate for Council approval. Said Certificate must be dated within the 45-day time frame prior to Council action on said plat. Because there are new private easements for ingress, egress and utilities noted on the plat submittal (NE 3'd Circle, NE 3'd Place, and other unnamed easements), a "NEW PRIV ATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENT" statement is required on the plat document. See the attachment. Reference the CC&Rs document on the final plat document and include a space for the recording number thereof. See the attachments for circled items that need to be corrected. Comments for the Project Manager: The note regarding the abandonment of a 10' wide road easement (Rec. No. 8710061104) along the east side of the subject plat infers that a release of easement is to be processed by the city. Said easement was originally granted to King County for road purposes, at a cost of $3,750.00 to the County. Are you going to release via the recording of this plat, or via the Release of Easement process') H:\File Sys\LND -Land Subdivision & Surveying Records\LND-l 0 -Pials\0414\RV051208.doc\cor JARTER '. :E 5E. WI.( I 1 'LMAP ~, 5iS I Z S eo. 15 14 <00 FOUND 1/t' REBAR WITH YELLOW PLASTIC CAP STAI.4PED "CORE J042r VISITED 5-05 0t:::~Ic:::Ho -PU:[ CoRi9E"cf'1C>1-1~ i.J.EEl::~E:D LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF" THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF" SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,I.1., IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD: ALSO EXCEPT THE SOUTH 12 F'EET OF T~42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED ECR UNDER RECORDING NUl.A8ER 582.364.3; ALSO EXCEPnNG THE SOUTH .3 FEET OF NORTH 45 FEET THEREOF COWEYEO TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUI.ABERS 870928069.3, 8709280695, 8709280696 AND 8709280697, PARCEL B: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 2.3 NORTH, RANGE 5 EAST, WJA., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 'EET 0' THE NORTH HAL' 0' THE NO~~T ~ RTER OF THE NORTHWEST QUARTER OF" THE NORTHEAST QUARTER OF' SAECTIQ .. 5, TOWNSHIP 2.3 RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON: EXCEPT TH[ NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN '44TH AVENUE SOUTHEAST. PARCEL D: NORTH, THE NORTH HALr OF THE NORTHEAST QUARTER OF THE NORTH'NEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2.3 NORTH, RANGE 5 EAST. W.I.1 .. IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 1.35 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER REC0~DING NUMBER 577.3188. PARCEL E: THE WEST JO rEEl or THE EAST 1.35 rEEl OF THE NORTH HALF or THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER or THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2J NORTH, RANGE 5 EAST, W.I.A., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEEl THEREOF LYING WITHIN SOUTHEAST 128TH STREET. EASEMENT PROVISIONS I} AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, SODS CREEK WATER AND SEWER, WATER DISTRICT 90, OWEST AND A CABLE T.V. COMPANY AND THEIR RE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 rEEl PARALL wiiti 0 ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACiS IN WHICH TO I STALt'CAy CONSTRUCT, RENEW, OPERATE AND t.1AINTAIN UNDERGROUND CONDUITS, ELINE AND WIRES, WITH THE NECESSARy FACILITIES AND OTHER EOUIPI.AENT rOR THE PURPOSE or SERVICE TO THIS SU80MSION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE. GAS, CABLE lV SERVICE. SEWER AND WATER, TOGETHER WITH THE RIGHT iO ENTER UPON THE EASEI.AENTS AT ALL TIMES FOR THE PURPOSE STATED. 2) ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON ST .... TE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF' SAID HO~EOWNER'S ASSOCIATION. ACCESS EASEMENT WITNESSETH THAT SAID GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACI(~JOWlEDGED, HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS AND UPON THE PRIVATE DRAINAGE EASEMENTS SHOWN ON THE FACE OF iliiS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A IAUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS JERICHO FOR THE CITY OF RENTON AS GRANTEE. TO ENTER UPON SAID EASEIAENT(S) FOR THE PURPOSE or OBSERVING AND INSPECTING THE FACILITiES TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID " • A PORTION OF" THE NORTHWEST QIJARTEf' OF' THE NORTHEAST QUARTER SECTION , 5, TOWNSHIP 23N, RANGE.'. ~ C4LCULATED CENTER ;:'<;~ OF SECTION 15 ;.:-":., . -·:t' SECTION CONTROL~ SCALE ," = 400' COVENANT ALL DETACHED DWElliNGS ARE PROPOSED WITHIN THE R-l0 ZONING DESIGNAnON Of THE PLAT' WITH A PERMITTED DENSITY UP TO 13.00 DU/AC. ANY CH4.NGE TO THE UNIT I.1rx SHALL REQUIRE THE DENSITY AND UNIT I.4IX REQUIREMENTS OF THE R-IO ZONE TO BE COMPLIED WITH AND REVIEWED BY THE CITY OF RENTON. ALL LOTS IN THIS SUBDMSIDN AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOt.1EOWNER'S ASSOCIATION £STASUSHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HQI.4EOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER ______ _ THE l.r1INIMUI.4 NUMBER OF RESIDENTIAL DWElUNG UNITS PERMITTED WITHIN THIS PROPERTY IS 35, ALL SUCH UNITS SH"U BE SINGLE FAI.4ILY DETACTED UNITS ONLY ON INDMDUAL RESIDENTIAL LOTS. DEClARATION OF COVENANT THE OWNER(S) OF THE LAND EI.4RACED WITHIN THIS P~E FOR THE BENEFIT TO ACCURE FROI.1 THIS SUBDIVISION, BY SIGNING HEREON, NEN NO AGREES TO COIWEY THE BENEFICIAL INTEREST IN THE NEW EASEI.4ENTS SHOWN S PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVSION THEREOF, THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT. HOME OWNERS ASSOCIATION KNOW BY ALL PEOPLE BE THESE PRESENT l'Kf..T WE THE UNDERSIGNED OWNERS IN FEE SII.4PLE OF THE LAND HEREBY CERTIFY THA.T WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDA.NCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A IrAEI.4BER OF SAID ASSOCIATION. GENERAL NOTES 1) NO DIRECT ACCESS FROM ANY LO~S PLAT SHALL BE ALLOWED ONTO NE 4TH STREET. ~I 2) NO DIRECT ACCESS FROir.4 ANY lOT WITHIN THE nRST , 60 Fm FROM THE SOVTH CURB OF NE 4TH STREET SHALL 8E ALLOWED ONTO HOQUIAI.4 AVENUE NE OR JERICHO AVENUE NE. 3) A 5/8"X 24-REBAR AND PLASTIC CAP IAARKEO -ESI.4. INC 35142-3166T SHALL BE SET AT ALL REAR LOT CORNERS AND LOT ANGLE POINTS. EXCEPT AS NOTED. THE INTERSECTION OF LOT LINES WITH STREET II.4PROVEUENTS SHALL BE A BRASS TAG MARKED -E51.1, INC LS 35142-3166r SET IN THE TOP OF CURB OR THICKENED EDGE OF A~PHALT ON THE ENTENSION OF THE LOT LINE (OFFSET CORNERS WILL BE Dll.1ENSIDNED ON PLAT). LOT CORNERS OR STREET 1.10NUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND St-IAlL BE SET .ot.S CONSTRUCTION IS COIAPLETED. 4) THE ROAD AND STORM DRAlNA..GE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES Drv1Sl0~ AND ANY DEVIATION FROU THE APPROVED PLANS WILL REOUIRE WRITTEN APPROVAL FAOIA THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DMSION. 5) TRACT· A-IS A STORM WATER DETENTION/ WATER OUALITY POND. HEREBY COmEYED TO ________________________ . 6) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 19. 20 AND 21 SHALL BE FOR THE BENEFIT OF SAID LOTS AND LOT 22. LOTS 19, 20, 21 AND 22 SHA.LL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEI.1ENT. 7) THE PRIVATE ACCESS AND UTILITY EASEUENT WITHIN LOTS 15, 16, 23 AND 24 SHAll BE FOR THE BENEnT OF SAID LOTS. LOTS 15, 16, 23 AND 24 SHAll BE JOINTLY RESPONSIRLE F'OR Tt-IE MAINTENANCE. REPAIRS ANI) RECONc;TRIIr.nmJ ()' <:;.6.ln 'h.c::n~r-"!T j i 1 I , 1 Cityollln Department of Planning / Building / PUb.S ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ?(bOP.fN'R\fr:s COMMENTS DUE: DECEMBER 1, 2005 APPLICATION NO: LUA05-137, FP J DATE CIRCULATED: NOVEMBER 16, 2005 APPLICANT: Norris Homes PROJECT MANAGER: Juliana Fries ...... _ PROJECT TITLE: Jericho Final Plat PLAN REVIEW: Jennifer Henning llIi _JVr:U SITE AREA: 5.31 acres BUILDING AREA (gross): N/A NOV t 7,nnr; LOCATION: 355 Jericho Avenue NE WORK ORDER NO: 77504 CITY OF SUMMARY OF PROPOSAL: Final plat of Jericho with 35 single-family residential lots. The plat includes ",staliatiot;,T~'~~,r,ra'W'l!!~er main, water main, stormwater drainage, sidewalks, streetlight, and paving. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Informat/on Impacts Impacts Necessary Earth Housin 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-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DATE: TO: FROM: SUBJECT: PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM December 14, 2005 Juliana Fries, Development Services Bob M~nsportation Systems, x7322 NE 4th St I Hoquiam Ave NE Easement on Lot 26 Transportation Systems staff appreciates your coordination efforts in establishing this bus pullout in the southeast corner of the subject intersection. Per your request, we have attempted to define and dimension the bus pullout easement area, including the radius length and angle point. Please see attached. cc: Bob Cavanaugh, Transportation Operations Nick Afzali, Transportation Planning & Programming Manager Keith Woolley, Transportation Planning & Programming File '.' ~ ==--______ C)~~ C) ~ '-ll ~ \"( "" • C) '-J C) ~ .--< .--< C) 1 CXl 0 CXl dl " C) '-.j r;v C) "" '-> C) ~ c.; (lj N "- -J <) CXl C) '--____ f'-(lj .. _____ .J ~ _______________ M~ , .. , I :>i t ;{ 6 ~ I 1ft, J-j f-.; lI) j: .. I ~ ..- 'It,j < 1- I -~ -< ~- -t '-~ \Ii ~ ~ - ~ a \U '" ce () ~, ~ <:Z ---- --cr! -r- " I I I I I I , I J , I I , J ----- i~ ~ Z 1"\\.1\.11::,..,:).;;) I • ' .. fI' a UTILllY E: If) • -CX) • I.[) -NOO·28' N I 3t00 co 58.0S' NOO·28' • z • If) 160 .06' .... "I .. ~U)O·28'21" E I .... I ~ .. fB ~ W 5 O' 0 1n . If) ., . .. 0 z ... C'\I 0 ., r---. ... If) N-o • ',..-0 45' (Ole • ..-Nr---. lJ.. -8 • • z (/) NOO· IIJ I @ <O;!! • . i!z (\J~ ~ • 'h .... w .. ~~ o :! (0 ..-.. .. 0 Ww N If) 0 .l!S a N vi~ • .,,~ ~ 0) ,... I./') "~OQ z z '. -34.58' 650C f'IDO·28 J 2'" E 99,! -ZONED-R - 8 1,0:-60-'- --ZONE:O-R-=-1-Qr----,N00· 2-&; --------------------~ • 62.24' ~ --• . '. • 58.06' • ", .06' ... • 28'21"E • ... "'-• i .. Vl LU 5.0' 0 ,...~ : t/") t/") • ~ 0 ,... .-.. "" 0 Z f'.. 0 t/") t/") N-• .. '-0 V i 4 , "'lD • -89.SC I ~f'. lL. ...... • z (/) NOO·28t~ '" I-@ <Crt! ~ .-~ (\J", • • O? • M u.. • -.. (/) ~ Ww .. 0 O~ N t/") Cl N ui~ , ~ ~ ,... 0> t/") -~Oo ~ z t/") Z , 34.58' , NOO·28'2"· E 99.58' ZONED R-8 , .. -ZONED R-10 t 62.24' +-~ c.: ,., • I (/) w 10 f'--H 1 1 () (\10 () ... <{~ m -~ I • .. .-( ... ... NQa.2a·2.1~' E I I ZL -1-... '" · . '. ,'. , jl DATE: TO: FROM: SUBJECT: Julianna, , PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM December 9,2005 Julianna Fries Jennifer Henning~\r1 Jericho Plat -Comments I've reviewed both the final plat map and the landscape plan. In addition, I reviewed the bus-pullout and fence details. Here are my comments: I. Lot # 10 must be slightly revised to provide the minimum lot width of 60 feet for corner lot. Presently, Lot 10 has a 59.50' width. 2. The bus-pullout plan is approved, subject to a revision of the fence location. The modulated decorative fence must be setback 3-1/2 feet behind the sidewalk per our discussions in November. I understand that certain other improvements require that the fence be setback an additional six (6) inches behind the sidewalk. 3. The fence detail is approved. 4. The landscape plan is approved. 5. Has the applicant provided you with the roadway section on Hoquiam Avenue NE based on requirements for the proposed traffic signal? The design is to accommodate one through-lane in each direction, and a left tum land from NE 4th Street to the proposed new internal street. 6. It appears that the developer is making provision for a Home Owners Association or maintenance agreement. h:\division.s\develop.ser\dev&plan. ing\jth\misc\jericho final plat comments.doc '. -" /: ., I • J.i," City of ton Department of Planning / Building / publ.rks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: (V\M~\e.W COMMENTS DUE: DECEMBER 1, 2005 APPLICATION NO: LUA05-137, FP DATE CIRCULATED: NOVEMBER 16, 2005 APPLICANT: Norris Homes PROJECT MANAGER: Juliana Fries PROJECT TITLE: Jericho Final Plat PLAN REVIEW: Jennifer Henning SITE AREA: 5.31 acres BUILDING AREA (gross): NIA LOCATION: 355 Jericho Avenue NE I WORK ORDER NO: 77504 SUMMARY OF PROPOSAL: Final plat of Jericho with 35 single-family residential lots. The plat includes installation of sanitary sewer main, water main, stonmwater drainage, sidewalks, streetlight, and paving. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mon> Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Hous;no Air Waler Plants Land/Shoreline Use Animals E Environmental Health Energy! Natural Resources A:1:~¥a~::: B. POLICY-RELATED COMMENTS C. We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wh e addition informatio needed to properly assess this proposal. Date I I , " cr;r,Y~F' RENTON, l~~+!" ' " .. ". , " ", . ' ~' , .. -'.' , , , , . Kathy Keolker-Wheeler~ Mayor· .' 'J " ' ,', . , , To:' :'''Fr'oni:' , . ," " Date: SubjeCt: , ' .- ,~ ,'-, .' ,', " ' , MEMORANDuM,' '.-. . , ", , .'·1'" . ,Juliana'Fries, PBPW' .~ . ..' -.'" . ~ 'Lawrence J. 'Warren;' City Attorney,' 'De~~ni~r' 7,2'005' :. " ", . J, " .' ~ " , Office of the CitY Attorney , , Lawrence J. Warren' -, " , , SeoiorAssistant City.Attorneys . "", .. ', M~rk Barbe~·. '. .,-," \ , " .' ' .. ~ ... '. . ~anet~a~. F(m!e.~ Assistant City Attorneys , .. ',' Ano S. 'Nielsen , ·G~r~oD New'som'II Sasba P:',~lessi .. . :; ," • CITY OF RENlON .... RECEIV,ED ,DEC 07 2Q05 BUllDlt-JG DIVISION , " .' " i "J" ",,' "', , Jericho Final Plat· lilA '05-137-FP ,':', , "Restrictive c:ovenants ' ' , .' " , '. " r,". '" ' ... , : . :. • ", ',' ' ' .' :. . ",!. • ','. ,I' • ,. '. • ." ~. ....', ' '. --"..,:.' .' ; , , -'. '-• .-' +'. oJ. '. ,."".. ' " "Article Six; Section ',la,' is incomPlete., ,"I;he mainterianc~ ~ust~,also,inCltide 'maintimance of the , , ':<, pon~ ,facilitr ,and its'coilveyaqcefadlities:, : ' • ," c', .' ' , • ,.. -,:-:, ' ,-,: '". ,'.: '." .': • .' ~ .. ' •• ",,' ,:" .. ,'-"',, ,-~ ~. : •• ' . .':' .. 'I', > " . 'j" "," ,.> .' . ','., )' " Article' Eighteen should ~onfain .language,in botli 8,ectionS 2 and 3 that amendments 'affecting 'the " ".' 'mainterumce responSibility: for common areas .asdefiiu;O iIi Sections 6a and 6b ril~st, be app~oved' ,:bYthe:City6fRentonbeforeadoption.' . ~'" --,' "'.,' .'" ' .. ' '-" , . '. : " , ,- " ,',-.' -. ' .. . I:' .: "-. : .-', ", '., _ . _' . '. ..: ,"',~. .,,' .' _'w ':, ~ With'those amendments, thecovehants would' be approved as to' legal 'form. .. ,'. . .., .' .,.,.. -. " ,-.' ,,' , , ' i, , " " . 'J •• ' , , , , " ! ~ , :' " , , , '. ...... ":,' " " .... '; ,~ ". , , " , . <' L~wr'e~C~~. "arre~' '. ; " . , . -~. . ~ '.': " .' '" ',l .:. ..... . , 'LJW:tmj', . ',,--,,-'~' .. , :' .) '. ..' . ' . -,', • , " ";"cc:' Jay Covmgtono, 'Gregg 'A"ZiinriIerman; PE'" Kayreri Kittrick" ' , ' • , '.' "", <' .', ,; r , " -' . .' , . ~ .... ''',' , ~ . , ' , ' , , , , , " "'. ", " . ~ . , " " . '" " .,' . ,,' '.' . '". . . ..... ", . . ;-,. .' " _I' :." (". J:. • ''': '-~ . .' ,. " , " .. " " , .. , ." .... "'", , , ".-, , '.~' ,'. "' ... '~-' ..... ' ", :, , . . ' . ~-, , , ' .. ' ,\ '" ,,' " .. ," :. ' " .' -,-, ' .......... ./' . .', . " . " .'~ . ',-' . , , '.' .!" "" ' : . ~ '. .c " ~,' -. JERICHO A POR11ON Of Tli£ NW 1/4. NE 1/4 Of SECooN 15. lWP. 23 N .• RGE. 5 E.. W.M •• CITY Of RENTON. KING COUNtY. WASHINGTON L ® • r: i "-~ • Ii ~ I~ ~ .. Ii',' • / ® ® I • ® • CITY OF RENTON FILE NO. LUA-G4-OJ1-FP SURVEY INSTRUMENTATION ~~ ~: TMS SlM\€'( f'V,T tnVZ£D 'Rt[ 10" IVI" ..... Slo.Jl()N t.6OIKTM€» lO ~iICTUftOt'S ~TlON AS ~ Bl' 'IPrC-lJ2-13D-IOO ~ usttI; F'Oll JRA\IOI:S( WfN N:OJIUCr ~ OIl ~ lH£ RE~ Of' w.oc-3lZ-1Jo-Ota. SURVEYOR'S NOTES BASIS OF BEARING • $LIII'IDoWI aT'( 0& II[NI1lN .......... -"" ..... • "'-" ""''''''''' ..." "'" """"" (j) 10'" IfIIIDE utuJY EASOIDCl. sa [AS()€ftf I'fICMSOM ICJI£ ~.1 "'" . (l) T WID[ PUlIUC 1IWGr 110::61 ~.sa~M;JI£ 10.14, Pota 2 seTBACK TABLE <I" fRONT ",., ..... V""' 15fT. SO[ YARD "'""" SJRttr , HE JRt) Sf/NORTH SOIII>I I'ROP ...... ~AIo'E.NE PRllP. UNE ,. HE JRO ST/SOUTH """'" PROP ..... HOQt..IN.I "''0£. 1'£ "...,. UNE 2. HE JRD ST/SOUfH """'" PROP .... JERICHO AVE. m: PROP. UHE " WEST PROP. UtE EAST~. Ut£ f£ 4TH SlR£ET F.rcn:; 20' ESMfl" ~J£lOCHO 22 fAST -PROf>. 1...1"1£ lIEST PROP. lIE HE ... SJRttr .AtH:; 20' E5M'fT " WEST PROP. ur£ ...., PRllP. UN< IE 4TH S1RE£T F.tCt4G 20' E'SIf(T " fAST PROP. lH ..... PROP. lK HE 4TH S1RE£T fAClHG 20" ESWNT " WEST PROP. Uf£ ...., PROP. UN< HE 4TH STREET fAONG 20" ESV« , EAST PROP. I.JN[" WEST "...,. ..... NE 4TH S1RE£T rACING 20' £SI,M" N-_e~~~_ee-- SCALE: I" _ 50' -------SO' 25" • ",' 200IZ 12ID"I A_ fE. ....... 8oawI, W~ aeon (4IJJ ".,..eM4 ....-.... -----.... - qryplaladdress 1111712005 Page 1 City o.ron Department of Planning / Building / PU.OfkS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: APPLICATION NO: LUA05-137, FP APPLICANT: Norris Homes PROJECT TITLE: Jericho Final Plat SITE AREA: 5.31 acres COMMENTS DUE: DECEMBER 1 2005 DATE CIRCULATED: NOVE SIt t~2 ,,' .! 'j PROJECT MANAGER: Julia aF . \':/ !'~ \1; i,'7J LOCATION: 355 Jericho Avenue NE WORK ORDER NO: 77504 Ci ~y OF RE~T0iJ SUMMARY OF PROPOSAL: Final plat of Jericho with 35 single-family residential lots. The plat inc u es ,ns a on main, water main, stormwater drainage, sidewalks, streeUight, and paving. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major InfonnatJon Impacts Impacts Necessary Earth Air Water Plants LandlShore/ine Use Animals Environmental Health Energy! Natural Resources B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS Element of the Environment Housi Aesthetics . hVGlare Recreation Utilities Trans BOOn Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet Probable Minor Impacts Probable Major Impacts More Information Necessary We have raviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ~~_~--:--:-=--...J..,e~~~'..!::~~~,----1/ h 7 loS' Signature of Director or Authorized Representative Date ~'.~. "" . . ..u. . -• CITY .,F RENTON PlanningIBuildinglPublicWorks Department Gregg Zimmerman P.E.,Administrator Kathy Keolker-Wbeeler. Mayor November 16, 2005 Michael Romano Centurion Development Services· 22617 8th Drive SE Bothell, WA 98021 Subject: Jericho Final Plat LUA05-137, FP Dear Mr. Romano: 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: Norris Homes I Owner ------~----710~5~5~S~o-ut7h~G~r-ad~y~W7.a-y--~R~e-n-to-n.~W7.a-s~hl~'n-gt-o-n~9~8705~5~-----------~ ®, This paper contains-50% recycled mateoaJ, 30% post consumer AHEAD OF THE CURVE • • • DEV/:LOPM/:_ City of Renton CI1YOF'lJ:tJr~~NING LAND USE PERMIT NOV -82005 MASTER APPLICA TIO~ECEIVED PROPERTY OWNER{S) PROJECT INFORMATION NAME: jI/ /) >"1"/:, ~e:S, ~c... PROJECT OR DEVELOPMENT NAME: .J £X:/c,#-t) f"LP{ ADDRESS: ZO~S F.A-t9eN j.?,... PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: IA~~. ZIP: "1f'OL/o 3S-5 J~/cffO 9ft%~ TELEPHONE NUMBER: ~r.);;L7S--l10r KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): IS ZjIJ!> -"70 3J, ''''1'7, ~/</i', ""''I, "1tl4t;;' APPLICANT (if other than owner) NAME: I\I#'VY/.$ ;./-.cs, he - EXISTING LAND USE(S): 4' ,I.' ~ ...,.t- 9tPANY (if applicable): DI::v£:.U)l"l-f1:Nl S~,~ o LEr4c/~u/\l PROPOSED LAND USE(S): ' 4/~hKL ADDRESS: Z l{;,17 -$ b-;::?,L S e: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ~r 4' ~u CITY: f..o7WaL ZIP: '7f'O-z.1 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): {2SF .g /2.D TELEPHO~E NU1BER I..(ZS' t..ff~ ~ Z'S'G:.5 EXISTING ZONING: .L ~B ., IZ-/u CONTACT PERSON PROPOSED ZONING (if applicable): !6~ -r~-IO NAME: 111 I. ~u;tJ;yo I(;/I~ SITE AREA (in square feet): Z-.51, Jot.( SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: LIZ, 3'15 ":F-#or? ¥. t.w IJtJ,I, (VC'S SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: ZU .. I/ -g ~ OtC. ~tF CITY: ZIP: /Z/ZI!. PROPOSED RESIDENTIAL DENSI;jN UNITS PER NET ACRE (if applicable): '1.(,,1-rz..q /tJ.l1 -R.,/V j!...o IiII:2 L t.../~ '7fPl/ TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable): -5S"' NUMBER OF NEW DWELLING UNITS (if applicable): /h:chAti:L rt»»,4Nue C.""Cf;#$---N~ Q:weh/pw/devserv/formsJplanning!masterapp.doc 09/19/05 • • PROJECTINFORMATrl~O~N~(~,c~on~t~in~u~e~dL-) ____________ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): 3 -ck,.,ut.:s/.J AJl..,~i SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): Nit SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): I'll! SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): Nft SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Nit NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): Nit NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): /'I'" PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): IJ AQUIFER PROTECTION AREA ONE IJ AQUIFER PROTECTION AREA Two IJ FLOOD HAZARD AREA IJ GEOLOGIC HAZARD IJ HABITAT CONSERVATION IJ SHORELINE STREAMS AND LAKES IJ WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the followin!l information included) SITUATE IN THE QUARTER OF SECTION __ , TOWNSHIP __ , RANGE __ , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. jC//V~L Pwr 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) :ToW,J ",,yy-, ~ 1 declare that I am (please check one) __ the current owner of the property involved in this application or ~ 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 bes of my kno edge ~nd belief. I certify that I know or have satisfactory evidence that .!.IIi.I!<:LL--"''''-''''''''-'--,.-o--c- signed this instrument and acknowledged it to be hisihe uses and purposes mentioned in the instrument. (SI ature of Owner/Representative) ,,,,~""\\\\{I',, 0 L; (A,fl; M ilJJclI., IDIi!l!ttfJ .:-":';~D~~"'" 9 F ,»'III'~ "~ Notary PubliC In and for the State of Washington ---------------~-~~~ \ ~ i' .. ~ \Z ~ '-..... io'! ;, (Signature of OwnerlRepre i ~ IIL(' . V1~ 1 I ' \" L i ~ ",.,,"" .. j ~ ENolary (Pnnt)-I-D.u..l.l\ c ..... t ..... y Jf!l-,-,-","lL~lli.1CMll'l--"'-'.fULL=Y...!..V.><:.eJ) y. YA.'~'·10·0y ~ = 1 ~1. -"<'-fit"\\"\\"",,,,,,,,,,' ~6 .:::- ," lill~I'/: WAS"":: ............ .:::-\ \ -Ill -01 \ \ ~ \ \ \ ,,\ \"-" My aPPointment expires ___ LL-+ • .l. __ L-J::...·-'-, __ _ Q:web/pw/devscrv/form~planninglma.~terapp.doc 2 09119/05 • PARCEL A: JERICHO PLAT LEGAL DESCRIPTION • The west 277.5 feet of the north haW of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 30 feet thereof for County Road; ALSO EXCEPT the south 12 feet of the north 42 feettrereof conveyed to King County for road purposes by deed recorded under Recording Number 5823643; ALSO EXCEPT the south 3 feet of the north 45 feet thereof conveyed to King County for road purposes by deeds recorded under Recording Numbers 8709280693, 8709280695, 8709280696 and 8709280697. PARCELS: The east half of the northeast quarter of the northwest quarter of the northwest quarter of the northeast quarter, Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; less County Roads. PARCEL C: The east 105 feet of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 42 feet in Southeast 128'" Street; AND EXCEPT the east 20 feet thereof in 194'" Avenue Southeast. PARCEL D: The north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the west 277.5 feet and the east 135 feet thereof; AND EXCEPT that portion conveyed to King County for SE 128'h Street by Deed recorded under Recording Number 5773188. PARCEL E: The west 30 feet of the east 135 feet of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 42 feet thereof lying within Southeast 128'h Street. I' ;; • ARTIC],eS OF INCORPORATION NORRIS HOMES, INC, A Washington Corporation ARTICLE I • The name of this corporation is NORRIS HOMES, INC. ARTICLE II This corporation has perpetual existence. ARTICLE III This corporation is organized for the purposes of transacting any and all lawful business for which corporations may be incorporated under Title 23A of the Revised Code of Washington, as Amended. ARTICLE IV The address of the registered agent of the corporation is 10627 Southeast 18th, Bellevue, Washington 98004, and the name of the registered agent at such address is John B. Morris. The address of the principal place of business of the corporation is 10627 Southeast 18th, Bellevue, Washington 98004. The mailing address of the corporation is 10627 Southeast 18th, Bellevue, Washington 98004. /6C', C:<-co> ");'1,. "7~. ARTICLE Y ~ /) This corporation is comprised of. 009,ee9 sh es of the per value shares of $1.00 each. ARTICLE VI Shareholders of this corporation shall have preemptive rights to acquire additional shares issued by the corporation. ARTICLE VII The number of directors of this corporation shall be fIxed in the manner specified by the bylaws of this corporation. The first Directors are 'one (1) in number, and his name and address is: , . John B. Norris 10627 Southeast 18th Bellevue, Washington 98004 ARTICLES OF INCORPORATION--l • • The first Director shall serve until the first annual meeting of shareholder and until his successor is elected, upon majority vote of voting shareholders. ARTICLE VIII The name and address of the incorporator is: John B. Norris ARTICLE IX 10627 Southeast 18th Bellevue, Washington 98004 At each election for directors, every shareholder entitled to vote at such election has the right to vote in person or by proxy for as many persons as there are directors to be elected. No cumulative voting for directors shall be permitted. ARTICLE X No contracts or other transactions between the corporation and any other corporation, and no act of the corporation shall in any way be affected by or be invalidated by the fact that any of the directors of the corporation are pecuniarily or otherwise interested in, or are directors or officers of, such other corporation; and Any director individually, or any fIrm of which any director may be a member, may be a party to, or may be pecuniarily or otherwise interested in, any contracts or transactions of the corporation, provided that the fact that he or such firm is so interested shall be disclosed or shall have been known to the Board of Directors or to a majority thereof. ARTICLE XI This corporation elects status as a "Subchapter S" corporation under the Internal Revenue Code of the United States, as amended. ARTICLE XII The corporation reserves the right to amend, alter, change or repeal any provision contained in these Articles of Incorporation, in the manner now or hereafter prescribed by law, and all rights and powers conferred herein on shareholders and directors are subject to this reserved power. ARTICLE XIII This corporation, these articles, the directors, the shareholders and rights and obligations created hereby and existing hereunder may be subject to agreements restricting the transfer of shares, preincorporation ARTICLES OF INCORPORATION--2 • • agreements, and employment agreements executed by and between the shareholders and directors in the corporation. DATED: May 15, 1991. ~~: -i1 /~/1-~ B. NORRIS CONSENT OF REGISTERED AGENT John B. Norris, the undersigned, having an office at 10627 Southeast 18th, Bellevue, Washington 98004, hereby consents to becoming and serving as registered agent for purposes of service and all other purposes under Title 23A of the Revised Code of Washington, as Amended, for the corporation NORRIS HOMES, INC .. Dated: May 15, 1991 J~HNB. NORRIS ., ARTICLES OF INCORPORATION--3 . " .. After Recording Return to: Courtney Norris Norris Homes, Inc. 2053 Faben Drive Mercer Island, W A 98040 (206) 275-1901 • • DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS & RESTRICTIONS OF JERICHO ESTATES Grantor: Norris Homes, Inc. Grantee: Jericho Estates Reference Numbers of Documents Assigned or Released: Legal Description (abbreviated): Lots 1 through 36 of the plat of Jericho Estates recorded under King County Auditor's Recording No. --:-c:---~:--;;-:-----,-- Complete Legal Description is located on Pages I through 3 of document Assessor's Tax Parcel Numbers: THIS DECLARATION running with the land, made this __ day of __ -:----:_=---:-__ " 2005, by Norris Homes, Inc. ("Declarant" and "Developer" as appropriate). To the extent that other Covenants, Conditions and restrictions exist (either prior or subsequent) regarding the property contained within the legal description herein, the present Declaration of Protective Covenants is intended to co-exist and overlap existing and subsequent Covenants and not replace existing and subsequent Covenants. Declaration of Protective Covenants, Conditions and Restrictions Page 1 of 34 , • • WITNESSETH: WHEREAS, Declarant is the owner in fee of certain real property (the "Real Property") located in the County of King, State of Which, which has been subdivided and which is legally described as follows: PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696, AND 8709280697. PARCELB: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCELC: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; Declaration of Protective Covenants, Conditions and Restrictions Page 2 of 34 L-__________________ ~ ---------- • • AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCELD: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCELE: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF L YlNG WITHIN SOUTHEAST 128TH STREET. For ease of reference herein only, the real property subject to these covenants, conditions and restrictions is commonly referred to herein as "Lots· of Jericho Estates." These CC&R's shall apply equally to all lots set forth above. The Declarant hereby covenants, agrees and declares that all of the Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants, conditions, restrictions, easements and reservations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of all of Properties, their owners and their heirs, successors and assigns. These covenants, conditions, restrictions, easements and reservations are equitable servitudes and negative easements which shall run with the Properties and shall be binding on all parties having or acquiring any right, title or interest in the Properties or any part thereof, shall inure to the benefit of each owner, shall survive and continue to run with the Properties and not be discharged by a sale of the Real Property or any portion thereof in the manner described in RCW 84.64.460. Acceptance of an interest in a Lot or a Housing Unit and Lot shall be deemed acceptance of the terms and provisions of this Declaration. Declaration of Protective Covenants, Conditions and Restrictions Page 3 of 34 • • The Declarant or its successor and assigns may become the owner of certain real property, which is adjacent to the Real Property described above. The adjacent real property, or a portion thereof, may be SUbjected to the terms and provisions of this Declaration of Protective Covenants, Conditions and Restrictions at the option of the Developer, as hereinafter provided. NOW, THEREFORE, Declarant hereby declares as follows: ARTICLE ONE Definitions For purposes of the Declaration and the Articles and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as appointed pursuant to Article Nine, Section Four. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Jericho Estates Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Associations Bylaws and any amendments. 6. "Common Areas" shall mean those portions of the Properties which have been designated to be used in common for the benefit of all lot owners, including easements which are for the benefit of all lot owners and/or the Association. These common areas shall include, but not be limited to, the following: a. Tract A is a storm water detention/water quality pond and each lot owner has an equal undivided interest in said tract; b. All the street trees shall be owned and maintained by the Homeowners Declaration of Protective Covenants, Conditions and Restrictions Page 4 of 34 • • Association until King County or its successor agency has adopted a maintenance program; c. The following Limited Common Areas are only for the benefit of certain lots which are defined below: (i) The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 20 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (ii) The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iii) The private access and utility easement within Lots II, 12, 25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (iv) The private access and utility easement within Lots 27, 28, 31 and 32 shall be for the benefit of Lots 27, 28, 29 and 30. Lots 27, 28, 29 and 30 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; (v) The private access and utility easement within Lots 30, 31, 32, 33,34 and 35 shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; 7. "Common Services" shall mean: a. Maintenance of the common areas as required by the Association. b. Maintenance of the street trees planted within and/or abutting the common areas both public and private within the plat. c. Such additional services as shall be determined by the Board of Directors of the Association or the Oeclarant/Developer during the development period as set forth below. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions Declaration of Protective Covenants, Conditions and Restrictions Page 5 of 34 • • and Restrictions. 9. "Declarant/Developer" shall mean Norris Homes, Inc. or any persons or entities to which it assigns its rights as Declarant/Developer, or succeeds to its interest. I O. "Housing Unit" shall mean the building occupying a Lot. II. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described herein. At such time as additional adjacent real property may be subjected to the Declaration, "Lot" shall include those lots shown on and included in the plat of said additional property. "Maintained Lot" shall refer to any Lot and Housing Unit which receives Common Services. The Developer may designate a Maintained Lot in this Declaration, or in an amendment to this Declaration which adds additional adjacent property. All provisions of this Declaration which refer to Lots include Maintained Lots. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion ofthe properties. .. 15. "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Properties" shall initially mean the Real Property. If additional adjacent Real Property is subjected to the Declaration, "Properties" shall mean the real property described in this Declaration and the plat or plats of the additional adjacent real property. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. Declaration of Protective Covenants, Conditions and Restrictions ARTICLE TWO Page 6 of 34 • • Management of Common Areas. Common Services Enforcement of Protective Covenants, Conditions and Restrictions General note concerning use and development of Lots. These CC&R's are not intended to modify and/or impair any easements and licenses of record. Therefore, all structures, development, fences, driveways and the like must not interfere with easements and licenses of record and also must comply with all applicable City, State and government codes and regulations that exist regardless of approval by the Declarant and/or Homeowner's Association. The Declarant and/or Homeowner's Association is/are not liable or responsible for approval of an item that may ultimately have to be removed or modified based on a City, State or government code or regulation. For example, if the Homeowner's Association approves a fence to be built by a Lot Owner and the Lot Owner erects the fence in an easement that interferes with the easement and must be removed, the Declarant and Homeowner Association shall have absolutely no liability to the Lot Owner simply because they approved the construction of the fence. Section One: Development Period. During the development period, the Association, the ACC, the Common Areas and all Common Services shall, for all purposes, be under the management and administration of the Developer. a. The development period for the Real Property shall be that period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots in Jericho Estates have been sold by the Developer, or Developer's assignee to individual builders or Lot Owners or any shorter period, as determined by the Developer. It is contemplated at the time of execution of this document that the current developer will sell the entire Plat to Norris Homes, Inc. and Norris Homes, Inc. will be substituted to the rights of the Developer after the closing of the transaction. If Norris Homes, Inc. closes the purchase of the entire Plat, then Norris Homes, Inc. shall be considered the Developer under the CC& R's for ease of reference. b. Front Yard Installation. The front yard must be installed within 30 days of Final Occupancy Permit being issued by King County. Yard installation plans must be pre-approved by the Homeowner's Association prior to commencement of installation. Yards and all additional areas must comply with the County of King's rules and regulations dealing with "Impervious Surface" and any similar restrictions with respect thereto as it relates to a minimum percentage of grass area. c. Back Yard Installation. The back yard of a lot must be installed within 90 days of Final Occupancy Permit being issued by the County of King. Yard installation plans must be pre-approved by the Homeowner's Association prior commencement of installation. Yards must consist of a minimum Declaration of Protective Covenants, Conditions and Restrictions Page 7 of 34 • • percentage of grass and additional areas as to comply with the rules and regulations of the County of King. Section Two: Directors. Temporary Board During Development Period. During the development period, the Developer shall appoint at least 1 director, and may appoint any persons the Developer chooses as directors. The directors will continue to serve as directors of the Association until a successor is appointed by the Developer, until a director is chosen by vote at the end of the development period or until the director resigns. The Developer may, at its option and at such time as the Developer deems appropriate, select a temporary board of at least 1 to five persons who mayor may not be purchasers of Lots. This temporary board shall have the authority and such rights, responsibilities, privileges and duties to manage the Association under this Declaration, the Articles and Bylaws, as are assigned to the temporary Board by the Developer, except the right to participate in selection of members of the ACC, appeals of the ACC's decisions, or promulgation of guidelines for ACC evaluation of submissions by Lot Owners. The temporary Board shall be subject to all provisions of the Declaration, the Articles and Bylaws, provided, that after selecting any such temporary board, the Developer, in the exercise of its sole discretion, may at any time terminate such temporary board and resume its management authority or select a new temporary board. Section Three: Purnose of Development Period. These requirements and covenants are made in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units. Section Four: Authority of Association After Development. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the Association by this declaration, either directly or by necessary implication. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five. Section Five: Authority of Association Regarding Common Areas. The Association shall have the authority and obligation to collect assessments from the lot owners: The Association shall administer and manage the Common Areas as well as Common Services. Section Six: Delegation of Authority. The Board of Directors or the DeclarantlDeveloper may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board shall not be liable for any breach of duty, negligence, Declaration of Protective Covenants, Conditions and Restrictions Page 8 of 34 • • omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors. ARTICLE THREE Membership Membership: Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR Voting Rights Section One: Voting Rights. Members 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 such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Section Two: Voting Rights for Maintained Lots. Owners of Maintained Lots shall be entitled to one vote for each Lot owned in any election of a representative to the ACC, subject to limitations as described in Section One. Only Owners of Maintained Lots shall be entitled to vote for representatives on the ACC. ARTICLE FIVE Property Rights in Common Areas Every Member, subject to governmental rules and restrictions and subject to the notes on the plat, shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and upon the Common Areas either owned by the Association or in which the members of the Association have an undivided interest as set forth in this Declaration. These rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: a. Rules and Regulations. The right of the Association to limit the number of guests of Members, and to adopt rules and regulations, and establish appropriate penalties for violation of such rules; Declaration of Protective Covenants, Conditions and Restrictions Page 9 of 34 • • b. Utilities. The right of the Association to exclusive use and management of said Common Areas for utilities such as pipes, wires, conduits, and other utility equipment, supplies and material; c. Declaration/Developers Rights. The rights reserved to the Developer in the Declaration; d. Right to Transfer. The right of the Association to dedicate or transfer by deed all or any part of the Common Areas to any Member, person, entity, public agency, authority or utility. No such dedication or transfer shall be effective without the approval of two-thirds of the Members. e. Other Restrictions. The other restrictions, limitations and reservations contained or provided for in the Declaration and the Articles and Bylaws of the Association. ARTICLE SIX Maintenance. Common Expenses and Common Services Section One: Standard of Maintenance -Common Areas. a. Tract A is a storm water detention/water quality pond facility conveyed to the City of Renton. Maintenance and upkeep of the landscaping and irrigation located within the pond tract is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. b. Landscaping and irrigation located along NE 4th Street lies within the City Road Right of Way conveyed to the City of Renton. Maintenance and upkeep of the landscaping and irrigation located within the NE 4th Street Right of Way is the responsibility of the Homeowners Association and each lot owner has an equal and undivided interest in said landscaping and irrigation. c. Any planter island within any cul-de-sac turnaround is a common area and shall be maintained by the Homeowners Association and each lot owner has an equal undivided interest in said planter island; d. All the street trees shall be owned and maintained by the Homeowners Association until the City of Renton or its successor agency has adopted a maintenance program; Declaration of Protective Covenants, Conditions and Restrictions Page 10 of34 • • e. The private access and utility easement within Lots 19 and 21 shall be for the benefit of Lots 21 and 22. Lots 20 and 22 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; f. The private access and utility easement within Lots 15, 16, 23 and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; g. The private access and utility easement within Lots 11, 12,25 and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; h. The private access and utility easement within Lots 27, 28, 31 and 32 shall be for the benefit of Lots 27, 28, 29 and 30. Lots 27, 28, 29 and 30 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; I. The private access and utility easement within Lots 30, 31, 32, 33, 34 and 35 shall be for the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible for the maintenance, repairs and reconstruction of said easement; J. Street trees planted as a condition of plat approval and planted within and/or abutting individual lots and planter strips shall. be maintained by the owners of said lots and the street tress planted within and/or abutting the private and public tracts within this plat shall be owned and maintained by the Homeowners Association. Section Two: Standard of Maintenance -Lots. Each Lot Owner hereby covenants and agrees to maintain his respective Lot and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain their home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform the maintenance and upkeep of any drainage and/or underground drain lines and catch basins installed by the Developer on their Lot which are servicing the yard drainage needs on more than one Lot. In addition to maintaining each Lot Owner's individual Lot, each Lot owner shall maintain that area of the Planter Strip that is between each Lot's Owner's individual Lot and the street for the width of the Planter Strip Declaration of Protective Covenants, Conditions and Restrictions Page 11 of34 • • that is of equal length of the Lot Owner's Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or the Housing Unit located thereon, or fails to maintain the Lot and Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall have the right to notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within (30) days of the date notice is delivered to the non-performing Lot Owner, the Association shall have the right to provide such maintenance, and to levy an assessment against the non performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other annual or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. Section Four: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Common Expenses shall include, but shall not be limited to, the following: a. The expense of maintaining the Common Areas as more particularly set forth in Section One; b. The real property taxes levied upon the Common Areas. c. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC d. The cost of any repairs or replacement of Common Areas; e. Utility charges attributable to Common Areas owned by the Association; f. The cost of operating any recreational facilities; g. Any other expense which shall be designated as a Common Expense in the Declaration or from time to time by the Association. Declaration of Protective Covenants, Conditions and Restrictions Page 12 of34 • • ARTICLE SEVEN Assessments Section One: Types of Assessments. Each Lot shall be subject to annual assessments or charges and certain special assessments in an amount to be determined by the Association. Each Maintained Lot shall, in addition to the assessments and charges for Lots, be subject to annual assessments or charges and certain special assessments for Common Services. Section Two: One-Time Initiation Fee and Annual Assessments. It is understood that all owners of lots within Jericho Estates will become members of the Jericho Estates Homeowners Association, a non-profit corporation organized and existing under the laws of the State of Washington. This Association, will provide for the assessment and collection of a one-time initiation fee approximately $400.00 for each Purchaser of a Lot, at closing which will be paid directly to Developer to partially reimburse Developer for expenses associated with certain improvements installed by Developer on behalf of the Association. In addition to the one-time initiation fee, The Association will also assess annual dues and each member is to maintain and improve the common areas of Jericho Estates. The annual dues of the Association are $400.00 per annum until amended and shall be paid to The Jericho Estates Homeowners Association on a pro rata basis depending on the actual closing date of an owner's purchase of a Lot. The initial annual assessment shall be $400.00 per Lot commencing on January 1 st of each year, 20% of which shall be allocated and paid to the DeclarantlDeveloper for plat management services provided or by a professional management firm hired by the DeclarantlDeveloper to the Association. Such allocation of funds to the DeclarantlDeveloper 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 By-Laws of the Association. Each Builder/Lot Owner, upon purchasing from· a Developer shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 30th of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowners Association who shall then pay· for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Builder/Owners who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as detennined by the number of Lots owned by all such Builder/Owners. At such time as there had been sufficient assessments collected by the Association, then said Builder/Owner shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment Declaration of Protective Covenants, Conditions and Restrictions Page I3 of34 • • against any Lot owned by the Declarant. Section Three: Detennination of Amount. The Board of Directors of the Association shall determine the amount of annual assessment necessary to pay Common Expenses at least 15 days prior to the start of its fiscal year. The amount of annual assessment may be increased or decreased periodically as may be necessary from time to time to provide properly for payment of the Common Expenses. The amount of such annual assessments shall be equal for all Lots subject to said annual and special assessments except for assessments of Owners of Maintained Lots. There shall be no annual assessment for Lots or Maintained Lots owned by Developer, without the consent of the Developer. The Association may create and maintain from regular annual assessments a reserve fund for replacement of those Common Area improvements which can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board or ACC fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board or ACC until such time as the Board acts. Section Four: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot or Maintained Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Five: Special Assessments. In addition to the annual assessments authorized above, the Association, by and through its Board of Directors, or the ACC may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto, or the provision of any necessary Common Services. However, Lots owned by the Developer shall not be subject to special assessments and the Developer shall not be obligated to pay any special assessments. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a licensed contractor retained by the Board or ACC for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds the Members or Owners of Maintained Lots, as appropriate. ARTICLE EIGHT Collection of Assessments. Enforcement of Declaration. Attorney's Fees and Costs 'Section One: Lien -Personal Obligation. All assessments, together with interest Declaration of Protective Covenants, Conditions and Restrictions Page 14 of34 • • and the cost of collection shall be a charge on the land and will be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas,· Common Services or abandonment of the Lot. Initially, the annual homeowner association dues shall be $400 per year. The Board of Directors may amend and modifY the annual dues by a majority vote of the Directors presiding at that time. Upon the initial sale of a lot from the Declarant to the initial home purchaser, the home purchaser shall pay the $400 homeowner association dues in full at the time of closing. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly vests in the Association, or its agents, the right and power to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to 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 at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting. Rights Common Services. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, said Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Default in the payment of assessments for Common Services shall entitle the ACC to suspend provision of Common Services for the defaulting Owner of a Maintained Lot and ACC voting rights. Section Four: Commencement of Assessments. The assessments shall commence as to each Lot within the property (except Lots owned by the Developer) upon the first day of the month following the initial conveyance of the Lot. The first assessment on any Lot shall Declaration of Protective Covenants, Conditions and Restrictions Page 15 of34 • • be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer may, at its election, collect from each Purchaser an amount equal to six months' assessment for the Association and ACC, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall inure to the benefit of the Association. Section Five: Enforcement. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules or regulations adopted by the Association, or the provisions of the Articles or Bylaws of the Association. In the event the Board commences an action to enforce any such rights, including the rights of any individual Lot Owner, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Eighteen, Section Five. ARTICLE NINE Building, Use and Architectural Restrictions Section One: Development Period. The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the development period as described in Article Three, Section One. This reserved right shall automatically terminate when the Developer no longer owns any Lot in the Real Property or Adjacent Real Property, or at such earlier time as the reserved right is relinquished to the Board of Directors or the ACC of the Association. Each Lot shall be subject to this reserved right and each Owner shall take subject thereto. Section Two: Authority of ACC After Development. At the expiration of the developer's management authority during the development period, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the ACC by this Declaration, either directly or by necessary implication. Section Three: Delegation of Authority of ACC. The ACC or the developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The ACC shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person is delegated a duty, power or function by the ACC. Declaration of Protective Covenants, Conditions and Restrictions Page 16 of34 • • Section Four: Appointment of ACC. The Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws ofthe Association. Section Five: Approval Required. Except as to original construction, alteration, or improvements performed by the Developer, no construction activity .of any type including clearing and grading, cutting or transplanting of natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until at a minimum, the building plans, specifications and plot plans showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon sUrrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no exterior changes of any kind shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. a. If the ACC or its authorized representative shall fail to notify the Owner .of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be submitted to the ACC upon personal delivery of a complete set of all required information on the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the ACC by written notice to the Members. b. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order tD further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted they shall be available to all interested parties upon request. c. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. d. Approval by the ACC of any plans, drawings or specifications shall Declaration of Protective Covenants, Conditions and Restrictions Page 17 of34 • • not be a waiver of the right to. withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. The ACC may retain and consult persons or entities qualified to assist in tbe evaluation of plans submitted to tbe Board for review. f. The ACC, its agents and tbe Members shall not be liable to tbe Association, to any Owner or to any otber person for any damage, loss or prejudice resulting from any action on a matter submitted to tbe ACC for approval of plans and specifications or for failure to approve any matter submitted to the ACC. The ACC or its members may consult witb tbe Association or any Owner witb respect to any plans, drawings or specifications, or any other proposal submitted to the ACC. g. The Board shall serve as an appellate panel to review decisions of tbe ACC upon request of a party aggrieved by tbe ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of tbe ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to tbe Board. h. The ACC may recommend and request tbat tbe Board initiate legal proceedings to enforce the terms of tbese covenants or orders of tbe ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Six: Restrictions on Permanent and Temporary Structures. If an "out building" or structure is placed or erected on a Lot, tbe "out building" or structure must conform to all applicable building codes and set back requirements. Despite building and zoning codes, in no event be can the "out building or structure be taller tban six (6) feet in height measured from the topography of the land to the structure's tallest point including antennae, if any. No basement, tent, shack, garage, bam or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on tbe Properties shall at any time be used as living quarters except as specifically authorized by the ACC. This section and restriction contemplates and includes such things as carports (both permanent and temporary/portable), Recreational vehicle covers (botb permanent and temporary/portable), boat covers (botb permanent and temporary/portable), and car covers (botb permanent and temporary/portable). Section Seven: No noxious or undesirable tbing, activity or use of any Lot in the Properties shall be permitted or maintained. If tbe ACC shall determine tbat a thing or use of Declaration of Protective Covenants, Conditions and Restrictions Page 18 of34 • • property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Eight: Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Section Nine: Limitation on Signs. No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner thereof, or such Owner's authorized agent. In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns, so long as it owns any Lot, the right to maintain upon the property such signs as in the sole opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer as herein provided. Section Ten: Completion of Construction Projects. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within six months of the date of commencement of construction, except such construction as is performed by the Developer, which shall be exempt from the limitations contained in this Section. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. a. No mobile homes or manufactured. homes or modular homes are permitted within Jericho Estates. b. The total finished floor area in anyone residential unit should be no less than 1500 square feet for ramblers or two stories and 1550 square. feet for splits or tri-levels with unfinished basements. c. No T-l11 siding will be used on the front exterior. Declaration of Protective Covenants, Conditions and Restrictions Page 19 of34 • • d. No individual water supply system shall be permitted on any lot. e. No individual sewer disposal system shall be permitted on any lot. f. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, banks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. g. No lot or portion of a lot in this plat shall be divided and sold and/or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use as a single family residence within the prevailing Building Code for the County of King. The purpose of this section is. to prevent the creation of "sub-standard" sized lots and/or "unbuildable" lots. Section Eleven: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; no decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve: Antennas Satellite Reception. No radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home or on any lot with the exception that a satellite dish eighteen (I 8) inches (more or less) in diameter may be attached to the exterior of any home with the approval of the Architectural Control Committee. If the satellite dish is affixed to the exterior of the actual house, there is no height restriction on its placement. However, if the satellite dish is placed on a pole or other structure apart from the house, the satellite dish can be no higher than seven (7) feet tail measured from the topography of the land. Section Thirteen: Storage of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles or motorcycles; and no commercial vehicle, boat, boat trailer, house trailer, camper, truck, truck with camper, or other recreational vehicle or similar object may be stored and/or parked overnight on any part of the Properties, except as specified herein. No inoperable vehicles of any kind, or motorcycles shall be parked, stored, maintained, or constructed on any lot or street unless stored in a garage. Declaration of Protective Covenants, Conditions and Restrictions Page 20 of34 • • Notwithstanding the foregoing, the following two (2) uses are allowed: (I) It may be permissible by the ACC to approve a Lot Owner storing/parking a recreational vehicle, boat and/or boat trailer on the side or backyard of a Lot as long as (a) The ACC approves the Lot Owner's plans in advance; (b) a fence in constructed in conformity with the CC&R's with a gate made of the same material and height as the overall fence so that when the gate is closed, the object stored/parked is adequately screened from view in the sole discretion of the ACC on a case by case basis; (c) the ingress and egress of the object does not require a path that encroaches on another Lot Owner's parcel; and (d) if the ACC deems it important to the overall aesthetics of the neighborhood, the ACC can require an area of the Lot demarked as the ingress/egress path to be surfaced with crushed rock, asphalt or concrete and the ACC can require additional landscaping be maintained to enhance the overall appearance of the Lot. (2) Another use that is allowed concerns Lot Owners who have guests visiting them who intend to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the ACC or its authorized representative, for guests to park a vehicle upon the Lot owned by a Lot Owner or the public street adjacent to a Lot for a period of up to 7 consecutive calendar days. The same camper, trailer or other form of recreational vehicle must then be immediately removed and cannot be parked in any area subject to these CC&Rs within the following 50 weeks. The privilege shall only exist, however, after the written permission has been obtained from the ACC or its authorized representative. Violation of this restriction shall result in a $100 per day fine for each day of the violation. The ACC or its authorized representative may give written notice of a violation to the Lot Owner or occupant and the Lot Owner or occupant shall have two (2) days from the date of receipt of the written notice to take whatever actions are necessary to remedy the violation. If said Lot Owner shall not comply within the three-day period, the ACC or its authorized representative is hereby granted the right to remove at the expense of the Owner thereof, any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. The Lot Owners hereby grant to the Association and the ACC an express easement for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of removing any vehicles or similar items which are parked or stored in violation of the terms and provisions hereof. . No mechanical repair shall be conducted on any Lot unless such repairs are conducted in a fully enclosed garage on the Lot on the Owner's private vehicle. Any such repair activity must be conducted in a manner which is not offensive to persons residing in Declaration of Protective Covenants, Conditions and Restrictions Page 21 of34 • • the neighborhood, is not unsightly and does not result in unusual noise or debris being placed upon the premises. The power of the ACC to remove any inoperable vehicle or motorcycle or other motorized apparatus on which mechanical repairs are being conducted in violation of the terms of the covenant shall be exercised in the same manner as described above, in this Section. Section Fourteen: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. For purposes of this covenant, eaves, steps and open porches shall not be considered a part of a building; provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. Section Fifteen: Roofs. Roofs on all buildings must be fInished with tile, cedar shakes or composition roof unless approval for use of other material is granted by the ACC or its authorized representatives. The color of the roofIng material must be approved either by the Declarant or the Homeowner Association. Section Sixteen: Driveways. All driveways and parking areas shall be exposed aggregate, unless approval for use of another material is granted by the ACC or its authorized representatives. Section Seventeen: Fences and Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the properties shall be approved by the ACC before construction, and shall be substantially similar or in harmony with other fences located on the Properties. Fences are to be constructed of cedar material and shall not exceed 6 feet in height and must be constructed of cedar. Fences can not be erected in the front yard. A backyard fence can not extend beyond the front of the house or garage depending on the respective side the fence is built. . Section Eighteen: Residential Use Only: Home BuSinesses Limitation and Home Office Exception. A. Home Business: Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars, and no trade, craft business, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any to or within any building located on a lot; nor shall any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored, outside any building on any Lot; Declaration of Protective Covenants, Conditions and Restrictions Page 22 of34 • • nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. B. Home Office: However, the provisions of this Section may be waived in writing by the ACC upon application by a Lot Owner for "home office" use. In drawing a distinction between a Home Business and a Home Office, a Home Office will not adversely impact the neighborhood in the sole discretion of the Homeowner's Association, no clients or customers would visit the home and the Lot Owner would not have any other employees or independent contractors. Such application shall describe the type of home office use to be conducted, the estimated amount of traffic generated and the impact of such activity on the neighborhood. The ACC shall exercise its sole discretion to approve or disapprove such activity, balancing the interests of the Lot Owner with the impact on the neighborhood. Nothing in this Section shall permit the use of a Lot for a purpose which violates law or applicable zoning codes. Section Nineteen: Refuse: No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. No building material of any kind shall be placed or stored upon any Lot until the Owner is ready to commence construction; then such material shall be placed within the property line of the Lot upon which the structures are to be erected and shall not be placed in the street. Section Twenty: Fuel Tanks Prohibited. No fuel tank shall be maintained on any Lot. Section Twenty-One: Excavations. Except with permission of the ACC, or except as may be necessary in connection with the construction of any improvement approved by the ACC, no excavation shall be made nor shall any dirt be removed from a Lot. Section Twenty-Two: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-three: Enforcement. The Association, or the Developer during the development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article, but must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and eXpenses incurred in such action. Section Twenty-four: Restrictions on Use of CuI de Sac, Streets, Common Areas and Declaration of Protective Covenants, Conditions and Restrictions Page 23 of34 • • Open Spaces: Lot Owner will not be allowed to erect basketball goals or place portable basketball goals in any location in front of the house including the cuI de sac, streets, common areas, open spaces and/or sidewalks. Basketball backboardlhoop may not be attached to the garage area of the front of the house in the driveway area Bicyclelskateboard/rollerblade/roller-skatelscooter use shall be allowed; however, they cannot be ridden on the sidewalks and cannot interfere with the adjacent property owner's quiet enjoyment of their respective property. Section Twenty-five: Restrictions on Parking: Vehicles of any kind may not be parked in the street and/or in the CuI de Sac. Further, vehicles may not be parked in the front yard. The driveway is not considered "yard." ARTICLE TEN Easements Section One: No Implied Easements. There are no implied easements over, upon or across any portion of the Properties. Section Two: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for said encroachments and for maintenance of the same as long as the encroachments remain. Section Three: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Four: Association's Easement of Access. The Association, the ACC, the ACC and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, repair or replacement of any home or Lot as provided in Article Seven, Section Three of this Declaration which shall also include the reasonable Declaration of Protective Covenants, Conditions and Restrictions Page 24 of34 • • right of entry to the interior of any building, to the extent necessary to perfonn the work described in that article arid section; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all cleaning, maintenance or replacement of any home or lot as provided in Article Fourteen, Section Four, which shall also include the right of entry to the interior of any building, to the extent necessary to perfonn the work described in that article and section; (f) all work necessary to perfonn Common Services for Maintained Lots; and (g) all acts necessary to enforce these Covenants. Section Five: Easement for Public Service Personnel. An easement for access by police, fire, rescue and other personnel is reserved across all Common Areas as necessary or appropriate for the perfonnance of their public duties. Section Six: Easement for DeveloperlDeclarant. DeveioperlDeclarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Seven: Easement for installation and maintenance of utilities and drainage facilities. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow or drainage channels in the easements. The easement(s) of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible . . ARTICLE ELEVEN Mortgage Protection Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee (Mortgagee) which holds a mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally . liable for the payment of any assessment or charge, nor for the observance or perfonnance of any covenant, restriction, regulation, rule, Declaration of Protective Covenants, Conditions and Restrictions Page 25 of34 ---------------------------------------------------• • Association Article of Incorporation or Bylaw, or management agreement, except for those _ matters which are enforceable by injunctive or other equitable actions, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confIrm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefore to: (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all Such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of fifty-eight percent (58%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or Declaration of Protective Covenants, Conditions and Restrictions Page 260f34 • • facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Uniton which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE Management Contracts Each Member hereby agrees that the Association and the ACC may enter into such agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for tennination by either party without cause after reasonable notice. . ARTICLE THIRTEEN Insurance and Condemnation Section One: Coverage. The Association shall purchase as a Common Area Expense and shall have authority to and shall obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It shall also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be detennined by the Association, but shall not be less than $1,000,000 concerning all claims for personal injury and/or property damage arising out of a single Occurrence. It shall also obtain, if available at a reasonable cost, insurance to cover the Board and the ACC, its agents and employees, from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. Costs of insurance obtained by the Developer during the development period shall be a Common Area Expense. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgage's clause and shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all, insured named therein, including Owners and Institutional First Mortgagees. Declaration of Protective Covenants, Conditions and Restrictions Page 27 of34 • • Section Two: Homeowner's Insurance Required. In addition to the aforementioned insurance carried by the Association, every Owner, at his own expense, shall insure his own Housing Unit against loss or damage by fire or other hazards in an amount equal to the full replacement value thereof, during any construction period and thereafter. Section Three: Fidelity Bond. The Association shall obtain fidelity bonds which shall afford coverage to protect against dishonest acts on the part of officers, directors, managers, volunteers, trustees, and employees of the Association and the ACC or the managing agent and 'all the persons who handle or are responsible for handling funds of the Association and the ACC in an amount equal to three (3) months assessments on all Lots, including reserve . funds. All such fidelity bonds shall name the Association as an Obligee, contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of employee or similar expression, and provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insureds named therein, including Owners and Institutional First Mortgagees. Section Four: Replacement. Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any licensed contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. In the event of damage or destruction by fire or other casualty to any Housing Unit, the Owner thereof shall, upon receipt of the insurance proceeds, contract to repair or rebuild such damage or destroyed portions in a good workmanlike manner in conformance with the original plans and specifications of said Housing Unit. Plans and specifications for such damaged or destroyed Housing Unit may be modified and the damaged or destroyed Housing Unit may be reconstructed in accordance with said modified plans and specifications if the Owner of the damaged or destroyed Housing Unit secures the approval of the ACC or the Developer, as the case may be, provided in this Declaration. In the event such Owner refuses or fails to commence such repair or rebuilding within thirty (30) days after such damage or destruction, unless such period' is otherwise extended by the Association, the Association is hereby authorized by such Owner, if the Association so desires, to repair, rebuild or clear and clean up any such Housing Unit. The Association shall first obtain an estimate of cost of performing such repair, rebuild or clearing/clean up work as is necessary, such estimate to be performed by a licensed contractor approved by the Board for such purpose. Upon provision of the estimate, the Association may assess the Lot owner for the cost of the proposed Declaration of Protective Covenants, Conditions and Restrictions Page 28 of34 • • improvements, and such assessment shall become a lien in the manner described in Article Nine. Any rebuilding shall be done in a good and workmanlike manner. The Owner shall pay the Association the amount reasonably necessary to perform such repairs and reconstruction, and the Housing Unit shall continue to be subject to the lien for such amount until it is paid in full. The Association may, at any time, enforce its rights as provided in the Declaration for collection of the assessment . and foreclosure of the lien. Section Five: Condemnation. If at any time or times during the continuance of the Housing Unit ownership pursuant to this Declaration, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in advance thereof, the provisions of this Section Five shall apply, and notice of the proceedings or proposed acquisition shall promptly be given to each Owner and to each Institutional First Mortgagee. All compensation, damages, or other proceeds there from, the sum of which is hereinafter called the Condemnation Award shall be payable to the Association. The Condemnation Award shall be apportioned among the Owners as directed by the Association who shall fairly and promptly allocate and distribute such Condemnation A ward. If the entire property is condemned or taken, ownership in the Common Areas shall terminate. The Condemnation Award shall then be distributed among the Owners in like proportions. ARTICLE FOURTEEN Rules and Regulations The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof. All Lot Owners shall be given written notice of the rules and regulations or the rules and regulations may be posted in a conspicuous place in the Common Areas. ARTICLE FIFTEEN Remedies and Waiver Section One: The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association and the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No waiver. The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist in anyone or more instances upon the strict performance of or compliance with the Declaration or any of the Declaration of Protective Covenants, Conditions and Restrictions Page 29 of34 • • • Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishrllent of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such . waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN Benefits and Burdens Run with the Land The covenants, restrictions, reservations and conditions contained herein shall run with the land as covenants real and equitable servitudes and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. After the date on which the Declaration has been recorded, these covenants, restrictions, reservations and conditions may be enforced by the Association or Developer which shall have the right to enforce the same and expend Association monies in pursuance thereof, and also may be enforced by the Owner of any Lot. ARTICLE SEVENTEEN General Provisions Section One: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section Two: Severability. The invalidity of anyone or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted. Section Three: These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms often (10) years, unless revoked or amended as hereinabove provided. Declaration of Protective Covenants, Conditions and Restrictions Page 30 of34 • • • Section Four: Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Five: Attorney's Fees. Costs and Expenses. In the event the Association employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Six: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when deposited in the United States mail, postage prepaid. ARTICLE EIGHTEEN Amendment and Revocation Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Developer. During the development period, the Developer may amend this instrument in any and all respects including, but not limited to, adding Additional Real Property and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. Section Three: Meeting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if fifty-eight percent (58%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if fifty-eight percent (58%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: Declaratiori of Protective Covenants, Conditions and Restrictions Page 31 of34 • • • • 3.1 Voting rights; 3.2 Assessments, assessment liens and subordination of such liens; 3.3 Reserves for maintenance, repair and replacement of Common Areas; 3.4 Insurance or fidelity bonds; 3.5 Responsibility for maintenance and repair; 3.6 Contraction of the project or the withdrawal of property from the Properties; 3.7 The boundaries of any Lot; 3.8 Leasing of Housing Units other than as Set forth herein; 3.9 Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 3.10 Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 3.11 Restoration or repair (after hazard damage or partial condemnation) In a manner other than that specified in this Declaration. 3.12 Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 3.13 Any provisions which are for the express benefit of Institutional First Mortgagees. Section Four: Effective Date. Amendments shall take effect only upon recording with the Recorder of King County. Section Five: Protection of DeveloperlDeclarant. For such time as Developer shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: Declaration of Protective Covenants, Conditions and Restrictions Page 32 of34 • • a. Discriminate or tend to discriminate against the Developer's rights. b. Change Article I (Definitions) in a manner which alters the Developer's right or status. " c. Alter the character and rights of membership or the rights of the Developer as set forth in Article III. d. Alter its rights as set forth in Article X relating to architectural controls. e. Alter the basis for assessments, or the Developer's exemption from assessments. f. Alter the number or selection of Directors as established if in the Bylaws. g. Alter the Developers rights as they appear under this Article. IN WITNESS WHEREOF, the Declarant has hereunto set its hand this __ day of ,2005. STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) DECLARANT: Norris Homes, Inc., a Washington corporation By: .~~~~~--~----------------John Norris, President On this day of • 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John Norris to me known to be the President of Norris Homes, Inc., the corporation that executed the foregoing instrument, and 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 they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above Declaration of Protective Covenants, Conditions and Restrictions Page 33 of34 1 • written. Declaration of Protective Covenants, Conditions and Restrictions • Printed Name: NOT AR Y PUB:::CL::-:CI C:::"7in-an-d:-fj70-r""thc-e"""'S::Cta-t:-e-o-::f:--- Washington, residing at ____ --' ___ _ My commission expires: . ______ ---'--_ Page 34 of34 • ~ 22617-8'h Dr. SE BotheD. W A 98021 CENTURION DEVELOPMENT SERVICES Juliana Fries City of Renton 1055 South Grady Way - 6th Floor Renton, WA 98055 RE: Jericho -Final Plat LUA -04-031, PP Dear Juliana: November 3, 2005 • (425) 486-2563 OFF (425) 486-3273 FAX NOV -82005 RECeIVED Attached for your review please find our final plat submittal for the referenced plat. Included in this submittal please find the following materials: J;. Five (5) sets of Final Plat Documents prepared by ESM Consulting Engineers J;. Three (3) sets of lot closures J;. Three (3) copies of a title report current as of July 29, 2005. An update has been requested and will be provided as soon as it becomes available. J;. Five (5) copies of recorded backup documents to the title report J;. Original and five (5) copies of the Land Use Permit Master Application Form with property legals attached Additional items and/or documents, including Public'Works approval and/or deferral of certain plat improvements, required prior to Final Plat approval will be provided during the final plat review and approval process. Below please find our current statement of fact indicating how each plat approval condition has or will be satisfied (please note Coty of Renton Conditions are indicated in italics with responses in bold). . PLAT CONDITIONS AND APPLICANTS RESPONSE: 1. The applicant shall comply with the conditions imposed by the ERC. RESPONSE: The plat complies "Let us take the load" Juliana Fries. November 3, 2005 Page 2 of5 • • 2. The applicant shall place a restrictive covenant on the final plat stating to the effect that ''All detached dwellings are proposed within the R-10 zoning designation of the plat with a permitted density up to 13. 00 dulac. Any change to the unit mix shall require the density and unit mix requirements of the R-I 0 zone to be complied with and reviewed by the City of Renton. " Tile satisfaction of this requirement is subject to the review and approval of the Development Services Division. RESPONSE: The restrictive covenant is located on Sheet 2 of 3 3. The applicant shall place a note on the face of the final plat indicating the following yard orientations for these lots: • Lot I: Front-NE 3rd St.lNorth Prop. Line; Rear -South Prop. Line IS ft.; Side Yard Along St.-Jericho Ave. NE • Lot 10: Front -NE 3rd SUSouth Prop. Line; Rear-North Prop. Line; and Side Yard Along SL-Hoquiam Ave. NE • Lot 20: Front -NE 3rd St.lSouth Prop. Line; Rear-North Prop. Line; and Side Yard Along St. -Jericho Ave. NE • Lot 21: Front -West Prop. Line facing 20 ft. easement; Rear-East Prop. Line abutting Jericho Ave. NE; and Side Yard Along St. -NE 4th St. • Lot 22: Front -East Prop. Line facing 20 ft. easement; Rear-West Prop. Line; and Side Yard Along Sf. -NE 4th St. • Lot 23: Front --West Prop. Line facing 20 ft. easement; Rear-East Prop. Line; and Side Yard Along Sf. -NE 4th Sf. • Lot 24 Front -East Prop. Line facing 20 ft. easement; Rear-West Prop. Line; and Side Yard Along Sf. -NE 4th Sf. • Lot 25: Front -West Prop. Line facing 20 ft. easement; Rear-East Prop .. Line; and Side Yard Along St. -NE 4th Sf. • Lot 26: East Prop. Line facing 20 ft. easement: Rear-West Prop. Line; and Side Yard Along SL -NE 4th Sf. RESPONSE: The required note is shown as a table on Sheet 3 of 3. "Lei us lake the load. " Juliana Fries November 3, 2005 Page 3 of5 • • 4. No direct access from any lot within the plat shall be allowed onto NE 4th Street. This condition shall be placed on the face of the final plat prior to recording. RESPONSE: See General Note 1 on Sheet 2 of 3. 5. No direCt access from any lot within the first 160 feet from the south curb line of NE 41 h Street lot shall be allowed onto Hoquiam Ave. NE or Jericho Ave. NE. This condition shall be placed on the face of the final plat prior to recording. RESPONSE: See General Note 2 on Sheet 2 of 3 6. 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. RESPONSE: Demolition permits were obtained and the work has been completed and inspected. 7. The applicant shall convert Tract B into a private access easement with the land divided among the adjoining lots prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. RESPONSE: Comment noted. See final plat. 8. The applicant shall provide a roadway section on Hoquiam Ave. NE based upon design requirements for proposed traffic signal. The design shall accommodate one through lane in each direction and a left tum lane from the new intemal street to NE 4th Street. The satisfaction of this requirement is subject to the review and approval of the Development Services Division. RESPONSE: Comment noted. The approved construction plans take this requirement into account. "Let us take the load .. Juliana Fries November 3,2005 Page 4 of 5 • • 9. 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 Attomey and Property Services section prior to recording of the final plat. RESPONSE: A Home Owners Association is being created that will establish the necessary maintenance responsibilities. 10. The applicant shall install a modulated, decorative fence with a minimum of five feet in width of irrigated landscaping along the entire north property line of the site fronting NE 4th Street. All fencing shall be located and designed to not interfere with sight distances required at the intersections of Hoquiam Ave. NE with NE 41h St. The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall be installed prior to recording of the final plat. RESPONSE: A landscape and fence plan have been submitted for approval and revised per City staff comments. The plans were subsequently revised in order to accommodate the City's bus pull out located adjacent to lot 26. The revised plan has not yet been approved. The application wishes to defer installation of the landscaping and fencing until after final plat recording and will post a financial guarantee assuring completion of the work. 11. The applicant shall install a fence of a quality material (no chain-link, if possible), decorative and modulated with a landscaped visual barrier that includes plant materials which would provide a year-round dense screen within three (3) years from the time of planting along the north property line of Tract A fronting NE 3'd St. and Hoquiam Ave. NE. The east property line shall be fenced with a five-foot width of irrigated landscaping. The south property line shall be fenced. All fencing shall be located and designed to not interfere with sight distances required at the intersections of Hoquiam Ave. NE with NE 3rd SL The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall be installed prior to recording of the final plat. "Let us take the load .. Juliana Fries November 3,2005 Page 5 of 5 • • RESPONSE: A landscape and fence plan have been submitted for approval and revised per City staff comments. The plans were subsequently revised in order to accommodate the City's bus pull out located adjacent to lot 26. The revised plan has not yet been approved. The application wishes to defer installation of the landscaping and fencing until after final plat recording and will post a financial guarantee assuring completion of the work. Please call me at (425) 486-2563 if you have any questions. Thank you in advance for your attention to this matter. Enclosures Sincerely, CENTURION DEVELOP T SERVICES #W 7-(L---z-. __ Michael J. Romano Project Consultant "LeI us lake the load" . , • DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 47. Y fO , 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements" Critical Areas' Total excluded area: 3. Subtract line 2 from line 1 for net area: 7. '2 f5Z. square feet 5 </~J. square feet -t)-square feet 2. Il,?l]b 3. 03 tf,'1 05: square feet square feet square feet 4. Divide line 3 by 43,560 for net acreage: 4. ____ ' .::..£)_V_ acres 5. Number of dwelling units or lots planned: 5. _~.~'1..:...; __ units/lots 6. Divide line 5 by line 4 for net density: 6. tI. 'ZS"' = dwelling units/acre 'Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded . •• Alleys (public or private) do not have to be excluded. hnp:llwww.ci.renton.wa.usipw/devserv/fonnslpianningldensity.doc 1 Last update< . . ~ ..,Jt:Ju ~" ,~ I • • ;c. -e plJVJ,-- DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. / (j3. '? l LJ square feet • 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets·· Private access easements·· Critical Areas· Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 35:,0'-'.3 square feet b,7W square feet D square feet 2. 4 I, ? B-3 square feet 3. lo..JZ,O'-/[ square feet 4. 3 _ z. '" acres 5. . 1-fp units/lots 6. Divide line 5 by line 4 for net density: 6. '1, 'Ig = dwelling units/acre ·Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subjectto the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded . •• Alleys (public or private) do not have to be excluded. http://www.cLrenton.wa.uslpw/devserv/formslplanning/density.doc 1 Last update( ® :!; o .l~ -!~ -. . ~ §-? AVE. ~ I " " '" >-." .'" " w I " >-&; , • . -•. " ,~" I ~." . ,"" \" >.. !EJ~ ! .!;,~ !!IO' Ii' 1=;; JERIf,HL~T:LA T.,..lf!'jJ1i' N£ 4th ST. @JERICHO AV[. NE ~(' NEJGHBORHOOD DETAIL MAP I :J> "U o ;0 :::j o z o - Vl '" o :::j o z ;0 :J> Z " '" (J> '" .JAEGER ENGINEERING 9419 South 204th Place Kent, WA. 98031 Phone No. (253) 850 09J4 Fox No. (253) 850 0155 • PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 • NOV -8 26iJ5 RECEIVED Senior Title Officer, Mike Sharkey (mikesharkey®pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Charlie Bell (charliebell@pnwt.com) Unit No. 12 FAX No. (206) 343-1330 Telephone Number (206) 343-"1327 Centurion Development Services 22617 8th Drive Southeast Bothell, Washington 98021 Attention: Michael J. Romano Your Ref.: Jericho GENTLEMEN, PLAT CERTIFICATE SCHEDULE A Title Order No. 600416 CERTIFICATE FOR FILING PROPOSED PLAT In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land, AS on Schedule A, pages 2 and 3, attached. IS VESTED IN, NORRIS HOMES INC., a Washington corporation SUBJECT TO THE FOLLOWING EXCEPTIONS, As on Schedule S, attached hereto. CHARGE, TAX, $250.00 $ 22.00 TOTAL CHARGE, $272.00 RECORDS EXAMINED TO, July 29, 2005 at 8,00 a.m. PACIFIC NORTHWEST WASHINGTON ,/ INC. Senior Officer Unit No. 12 COMPANY OF • PLAT CERTIFICATE SCHEDULE A Page 2 • Order No. 600416 In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: PARCEL A: The west 277.5 feet of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 30 feet thereof for County Road; ALSO EXCEPT the south 12 feet of the north 42 feet thereof conveyed to King County for road purposes by deed recorded under Recording Number 5823643; ALSO EXCEPT the south 3 feet of the north 45 feet thereof conveyed to King county for road purposes by deeds recorded under Recording Numbers 8709280693, 8709280695, 8709280696 and 8709280697. PARCEL B: The east half of the northeast quarter of the northwest quarter of the northwest quarter of the northeast quarter, Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; less County Roads. PARCEL C: The east 105 feet of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 42 feet in Southeast 128th Street; AND EXCEPT the east 20 feet thereof in 144th Avenue Southeast. PARCEL D: The north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 15, Township 23 North, Range 5 East, W.M., in ~ing County, Washington; EXCEPT the west 277.5 feet and the east 135 feet thereof; AND EXCEPT portion conveyed to King County for SE 128~ Street by Deed recorded under Recording Number 5773188. (continued) • PLAT CERTIFICATE SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: PARCEL E: • Order No. 600416 The west 30 feet of the east 135 feet of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Section 1S, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the north 42 feet thereof lying within Southeast 128th Street. END OF SCHEDULE A • GENERAL EXCEPTIONS: PLAT CERTIFICATE Schedule B • Order No. 600416 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which" would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments an~ special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. • SPECIAL EXCEPTIONS: PLAT CERTIFICATE SCHEDULE B Page 2 • Order No. 600416 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: King County Utility and drainage The north 3 feet of Parcel D June 23, 1987 8706230527 This instrument ,supercedes that certain instrument recorded under Recording Number 8704060417. 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: King Coun.ty, a political subdivision of the State of Washington Road Portion of Parcel C October 6, 1987 8710061104 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PuRPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: King County Drainage North 3 feet of Parcel E September 28, 1987 8709280698 4. RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBERS: INCLUDING BUT NOT LIMITED TO THE FOLLOWING: September 28, 1987 8709280695, 8709280696 and 8709280697 The right to remove or relocate the existing fence located in the right of way for Southeast 12Bth Street AFFECTS: Parcel A (continued) • PLAT CERTIFICATE SCHEDULE B Page 3 • Order No. 600416 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: RECORDED: RECORDING NUMBER: REGARDING: AFFECTS: George B. Cook and Mary L. Cook and King County August 26, 1964 5778918 Release of damages for improvement work on SE 12Sth Street Parcel D 6. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 7. BY: RECORDED: RECORDING NUMBER: REGARDING: Robert E. Levy and Forrest v. Williams; and King County, Washington December 16, 1964 5823656 Said agreement released County from all future claims for damages reSUlting from the improvement work on property lying adjacent to said premises. AFFECTS: Parcel A AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Robert E. Levy and Gertrude S. Levy and King County RECORDED: October 6, 1987 RECORDING NUMBER: 8710061105 REGARDING: Agreement to reconstruct driveways AFFECTS: Parcel C ( continued) • PLAT CERTIFICATE SCHEDULE B Page 4 • Order No. 600416 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 9. BY: RECORDED: RECORDING NUMBER: REGARDING: The amount of the plus interest and The amount of the plus interest and The amount of the plus interest and The amount of the plus interest and The amount of the plus interest and The City of Renton and Centex Homes April 20, 2000 20000420000998 Latecomers agreement latecomer's assessment for Parcel A is $25,947.72 penalties, if any. latecomer's assessment for Parcel B is $12,826.43 penalties, if any. latecomer's assessment for Parcel C is $8,034.95 penalties, if any. latecomer's assessment for Parcel D is $23,367.69 penalties, if any. latecome~'s assessment for Parcel E is $2,801.17 penalties, if any. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. RECORDING NUMBER: 79509 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: RECORDING NUMBER: GRANTEE: AFFECTS: August 12, 1964 5773188 King County Parcel D (continued) • PLAT CERTIFICATE SCHEDULE B Page 5 • Order No. 600416 11. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED, RECORDED, RECORDING NUMBER, GRANTEE, AFFECTS, October 15, 1964 5799277 King County Parcel B 12. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED, RECORDED, RECORDING NUMBER, GRANTEE, AFFECTS, December 16, 1964 5823642 King County Parcel E 13. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED, RECORDED, RECORDING NUMBER, GRANTEE, AFFECTS, December 16, 1964 5823643 King County Parcel A 14. Right to make necessary slopes for cuts or fills upon property herein described as condemned in King Countx Superior court Cause Number 632233. AFFECTS, Parcel C 15. CITY OF RENTON, WASHINGTON ORDINANCE NO. 4612 AND THE TERMS AND CONDITIONS THEREOF, RECORDED, RECORDING NUMBER, June 21, 1996 9606210966 16. GENERAL AND SPECIAL TAXES AND CHARGES, FIRST HALF DELINQUENT MAY 1, IF UNPAID, SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID, YEAR: TAX ACCOUNT NUMBER: LEVY CODE, AFFECTS: 2005 152305-9019-01 2146 Parcel A CURRENT ASSESSED VALUE, Land, $375,000.00 Improvements: $1,000.00 (continued) • • Order No. 600416 PLAT CERTIFICATE SCHEDULE B Page 6 AMOUNT BILLED GENERAL TAXES: $4,480.58 SPECIAL DISTRICT: $10.57 $1.68 $5.00 TOTAL BJ:LLI!D: $4,497.83 PAJ:D: $2,248.92 TOTAL DUB: $2,248.91 17. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 2005 152305-9033-03 2146 Parcel C CURRENT ASSESSED VALUE: Land: $140,000.00 Improvements: $36,000.00 AMOUNT BILLED GENERAL TAXES: $2,097.29 SPECIAL DISTRICT: $5.50 $1.59 $5.00 TOTAL BJ:LLED: $2,109.38 PAID: $1,054.69 TOTAL DUB: $1,054.69 18. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 2005 152305-9045-09 2146 Parcel B CURRENT ASSESSED VALUE: Land: $20,000.00 Improvements: $36,000.00 AMOUNT BILLED GENERAL TAXES: $2,812.28 SPECIAL DISTRICT: $5.50 $1.59 $5.00 TOTAL BJ:LLI!D: $2,824.37 PAJ:D: $1,412.19 TOTAL DUB: $1,412.18 (continued) • PLAT CERTIFICATE SCHEDULE B Page 7 • Order No. 600416 19. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBBR: LEVY CODE: AFFECTS: 2005 152305-9047-07 2146 Parcel D CURRENT ASSESSED VALUE: Land: $325,000.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $3,872.84 SPECIAL DISTRICT: $1.68 $5.00 TOTAL BILLBD: $3,879.52 PAID: $1,939.76 TOTAL DUB: $1,939.76 20. DEED .OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Norris Homes, Inc., a Washington corporation Pacific NW Title Insurance Company HomeStreet Bank, a Washington state chartered savings bank $3,825,000.00 August 11, 2004 August 13, 2004 20040813002128 The amount now secured by said Deed of Trust and the ter.ms upon which the same can be discharged or assumed should be ascertained fram the holder of the indebtedness secured. 21. Matters disclosed on a survey recorded under Recording Number 8409079007, a copy of which is hereto attached. AFFECTS: Parcels A and D 22. Matters disclosed on a survey recorded under Recording Number 20010622900002, a copy of which is hereto attached. AFFECTS: Parcels A and B ( continued) • • Order No. 600416 PLAT CERTIFICATE SCHEDULE B Page 8 NOTE 1: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: TAX ACCOUNT NUMBER: LEVY CODE AFFECTS: 2005 152305-9148-05 2146 Parcel E CURRENT ASSESSED VALUE: Land: $15,000.00 GENERAL TAXES: SPECIAL DISTRICT: TOTAL BILLED: Improvements:$O.OO $178.75 $1.50 $5.00 $185.25 PAID: $185.25 END OF SCBEDULE B Title to this property was examined by: Nancy Nash Any inquiries should be directed to one of the title officers set forth in Schedule A. Ce: ESM Consulting Engineers/Bothell/Gary Lewis JXB/20040812002127/ 20040813002131/ 20040816000727 . . • • Portion NW4 NEX 15-23-5, W.M. --------''----N /1/1_./<,-,,, PACIFIC NORTHWEST TITLE Order No. 600416 Comp"'1Y of Washington, Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. I '" i .. " IIJ: "" N \ Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORA nON to JERICHO ESTATES HOMEOWNERS ASSOCIATION alan W A Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 10/1212005 UBI Number: 602-554-298 APPID: 392467 Given under my hand and the Seal of the State of Washington at Olympia. the Slate Capital ~~ Sam Reed. Secretary of Stat<PEVELOPMENT PLAN GIN OF AENTONN1NG NOV -8 2005 I-----OIICIOJ f3.W')te; \9!l!D ARTICLES OF INCORPORATION H Namo ,1M!» N D&!\\5 __ ~ ?b?3 reBtN DtlI£ CIIy IDmA \.\\AND -1il. 2lJ' .:pq'lI.llMl\LO __ PO !lox (OptlonIII-_ .. In ...... "I' U""'_ N~ ZIP fI'---ZR'l----- l_tID_a ,,,,,_A.,..,t'" IIttt_or_iIIIID>IIfbtllttt __ .. ____ , '.II"",_,dIlIlllDDollll'--'bIIIIy hi .ca_ ..... ot~~ cwt bohaIloIrIHt~; ftIII ftmlanlmeII 1M me oOtJD*ctoft'; IItd Itt ',#Wi. a ') IIDIIFyfh Oftfco 01 .. GI SOON If' -11"." ""-fIIfI Rqf8nd QII.., ._ HAMES AND ADDRESSES OF &ItCH INItIAl. BOARD DIRECTOR (II1lBCR!IIf)I MIadi ~ ntmIS ".,.. 'V ~ ~tvalS _ 21&\ fABti'i _ I~~~rn-o~~.., _ City stolt __ l:I. .... ' .... on It ,,-, ___ --",_ or,..,..,... MId,., ID flo _01...,. "'~ __ _ CORPORATIONS INFORMATION AND ASSISTANCE -360/753-7115 (TOD -36Of7S3-1485) , • • I • • l • ; i f I • : , i r : \ "'='~~ Ole " , .. 'H' ~lg~ ~~a.a ~.., .. ~-.... 8sd .. =: -- • • ARTICLES OF INCORPORA nON OF JERICHO ESTATES HOMEOWNERS ASSOCIATION THE UNDERSIGNED, actill3 as the inllOtpOrator of the non-profit corporation under the provisions of the Washington Nonprofit Corporation Act (Revised Code of Washington Section 24.03 ct. Seq.), hereby adopts die following Articles of InCOJpClration: ARTICLE L NAME AND DURATION The name of this nonprofit corporation shall be Jericho Estates Homeowners Association (the "Association',) and Its duration shall be perpetual. ARTICLE n. NON-INUREMENT OF BENEFIT The Association is formed exclusively br purposes for which a corporation may be funned under the nonprofit corporation laws of the State of WashinSlon and is not formed for pecuniSfy profit or fill8Jlcial gain. No par! oflhe assets, income or profit oCthe Association shall be di5lributed to or shall inure to 1he benefit of its individual members, oflictmj or directors, except to the extenl permitted under die nonprofit corporations laws. ARTICLE m. PU1U'OSES . 1. To provide for the adminislmlion, management, maintenance, preservation and care of the l'C8I property described ill the Jericho Estat\:s Declaration of Covenants and Condltions (hereinafter the "Declaratlon~) and any additions thereto which may be hereinafter brought within the jurisdiction of the Association; and . 2. To have and to exercise all of die powers and prj vilegcs and to per1brm all of the duties and obligations of the JUsociation as set forth in the Declaration as II now ClCisls or as the same may be lUDended &am time to lime hereafter as thmein provided; and , 3. To do everything necessary, proper, convenient or Incidental to the accomplishment of thc purposes and objects of the Association to the extent consistent with the Declaration; and Articles of Incorporation Page I ofS Jericho Estates ---------------------------.,------------------------------------, • .' 4. To have an to exercise any and all powers, rights and privileges which a COlpOnlt!on organized and existing under the WlI8hillgton Nonprofit Corporation Act (Ch. 24.03 RCW) by law may now or hereafter have or exercise to the exlent consistent with the provisions of the Declaration. ARTICLE IV. SCOPE OF ACTIVITY The Association shall have the power, either directly or Indirectly. either along or in col\iunction or cooperation with others. to do any and aU lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, $I1imble, desirable or proper for the furtlterance, accomplishment or attainment of any or all of the' purposes for which the Association Is organiud. Notwithstanding any proviSitlR herein to the contrary, however. the Association shall eXercise only such powers which are consistent with the exempt purposes of' organi2ations set forth in Section 528 of the Internal Revenue Code of 1986 ("IRC,,), and the regulations 'd!en: under as the same now exist or as they may hereafter be amended fl'om time to time. . ARTICLE V. POWERS The Association shall carry on any activity pemJitted to be carried on by a corporation exempt &om federal income tax under IRe § 528 (or corresponding provision of any futun: United Sta1eS Internal Revenue law).' Subject 10 Article IV and to the restrictions and limitations imposed on nonprofit corporations by the laws of the State of Washington dealing with exempt organizations, the ASsociation shall have the pOwers specified in Chapter 24.03 RCW. ARTICLE VI. DISTRIBUTION ON DISSOLUTION OR LIQUIDATION The Association may be dissolved in a manner not inconsistent with the Declaration or RCW Ch. 24.03 as they are now written or as they may hereafter be amended &om time to lime. Any such dissolution shall require the majority vote of the members entitled to vote. Upon the dissolution of the Association, the assets of the Association shall be applied and distributed in acccrdance with RCW 24.03.225 and a plan of distribu1ion adopted pursuant to RCW 24.03.230. Tho assets will be distributed to another like' non· profit cOrpOration or organization. ARTICLE VlL PLACE OF OPERATION The operations of the Association are to be conducted principally within the Plat of Jericho Estate:!, King COWlly, siate of Washington. ARTICLE VIII. REGISTERED OFFICE AND REGISTERED AGENT The registered office of the Association shall be 2053 Faben Drive, Mercer Island, Washington 98040, and the initial registered agent shall be John Norris. Articles of Incorporation Page 2 of5 Jericho EstaleS , • • ARTICLE IX. MEMBERS The membership of the Associlltion shall be defined in the Declaration. ARTICLE X. DIRECfORS The functions of this Association sball be administered by B Board of DireclOts. The initial number of Directors of the Association shall be one (I). The qualifications, terms of office and manner of selection of which, together with a time and place of their meeting, shall be pmrcribed by the Bylaws of the Association. ARTICLE Xl BYLAWS The Board of Directors of the Association (hereinafter the "Board',) shall adopt Bylaws for the Association 10 provide for the admlnistralion, reguilltion and management of the Association in a manner consistent with these Articles, the DecJaxation and IRe § 528, as now enacted or as the same may be hereafter amended from time to time. The Board shall at all times ' manage the atfalrs of the Association so as to qllBlifY as an exempt association under IRe § 528. The BOBrd may, from time 10 time, by cote of a ml\lorlty of ilS members, alter, amend or repeal the Bylaws of tile Association to the extent provided for, by and consistent with the Declaration. ARTICLE XII. INDEMNIFICATION Any present or future director, officer or employee, or the executor, administtator or other legal representative of any such director, officer or employee, sha1I be lncIemnl.fied by the Association against reasonable costs, "'IJIenses, counsel fees, Judgments, fines and proceeding (whether civil, criminal, adminiSlrative or otherwise) to which any such ditei.:tor, officer or employee or his executor, administnltor or other legal repn:sentative may hereafter be made a party by reason orbis being or having been such direotor, offloer or employee of the Association, or III the request of the Association, the holder of an equivalent positiOn In or a member of another enterprise. The foregoing indemnification shall be subject to the fullowlng conditions: (1) that said action, suit or proceeding sha1I be prosecuted against such director, officer or employee, or his executor, adminlslrator or other legal representative to final determination, and it shall not be finally adjudged in said action, suit or proceeding that he Dr she had been derelict in the performance of his duties as such director, officer or employee, or (2) that said action, suit or proceeding shall be settled or otherwise terminated as against such director, of'fioer or eulployee, or his executor, administrator or other legal representative without a final detern:lination on the merits, and it shall be determined tbat ,such director, offioer or employee had not been derelict in the perfonnance of his duties in matters related to S1II:h action, suit or proceeding, such determination to be made by a majority of the directors, if disinterested. If a majority of the directors is not disinterested, tben 8UCh detennination shall be by anyone of more disinterested persons selected by the disintereSted directors, or the membemrlp, at any annual or specific meeting. The foregoing right of indemnifieation shall b exclusive of any other rights to which any director, officer or employee may be entitled u a matlm: of law or which may be lawfully Articles of Incorporation Page 3 of5 Jericho Estates j • • granted to him or her; and the indemnification hercby granted by the Association shall be In addition to and not in restriction or limitation of any other privilege or power which the Association may lawfully exercise with respect to the Indemnification or reimbursement of directors, officers or employees. ARTICLE Xlii. AMENDMENT ARTICLES The Association may amend these Articles of Incorporation from tlme to time in any and as many respects as may be desired so long as said Articles of Incorporation, as amended, contain only swh provisions as are consistent with the Declaration and as are lawful under RCW Ch. 24.03, as now enacted or as hereafter amended. . Where there are members having voting rights, the Board shall adopt a resolution setting furth the proposed amendment and dlreeting that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual Or special meeting. Written or printed notice setting forth proposed amendment and a summary of the chllllgCs to be effected thereby shall be given to each member entitled to vote at such meeting within the time and in the manner provided in the Declaration for the giving of notice of a meeting of members. . Amendment to these Articles of Incorporation shall requine the assent of a majority of the Association members then entitled to vote. Where there are no members of the Association; or no members having voting rights, an amendment shall be adopted at a meeting of the Board upon receiving the vote of a majority of the Directors in office. . Any number of amendments may be voted on at anyone meeting. ARTICLE XlV. NAME OF INITIAL D1RECI'OR The first director of the Association shall be: John Norris, whose address is 2053 Faben Drive, Mercer Island, Washington 98040. Articlo:s of Ineorpomlion Page40fS Jericho Estatc=s • • ARTICLE XV. NAME OF INCORPORATOR The name and address of the incorporator of the Association is: John Norris, whose address is 20S3 Faben DrIve, Men:er Island, Washington 9~040. IN WITNESS WHEREOF, for purJioses offonnlng this Asscx:latlon under the laws of the State of Washington, the W1dersigned, constituting the sale incorporator of this Association, has cxeomtr:d thes; Articles oflncorporation this 10'" day of Octobcr. ZOOS. . Jf'iOms; Incorporator 20 3 FI!ben Drive Mercer Island, Washington 98040 CONSENT TO SERVE AS REGISTERED AGENT I, John Norris, hereby cousent to serve as Registered Agent, in the State of Washington, for the following corporation, Jerfebo Estates Hom_nen Associatlou. I underslB.Od that as agent for said corporation, it win by my responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation: and to Immediately notifY the office of the SecretIlry of State in the event of my resignation, or of any changes in the registered office address of the corporation for which I am agent. Date: IO\'b\05 ~ '-M ~JO~~~~mrl~i~~~~~gi6~~~~~cd~A~g-m-t~------ 20S3 Faben Drive Mercer Island, Washington 98040 Articles of Incorporation Page 5 ors Jericho Estates ---------------- Printed: 11-08-2005 Payment Made: .TY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA05-137 11/08/200501 :29 PM • Receipt Number: NOV -8 200S RECEIVED R0506062 Total Payment: 1,000_00 Payee: NORRIS HOMES, INC_ 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 #47070 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 LOT #30 JERICHO October 27. 2005 --------------------------------------------------------------------------- Parcel name: lot-30-revised North: 507538.5774 East: 1666321.4239 Line Course: N 00-29-09 E Length: 89.67 North: 507628.2442 East 1666322.1843 Line Course: S 88-22-13 E Length: 48.20 North: 507626.8734 East 1666370.3648 Line Course: S 00-28-21 W Length: 89.67 North: 507537.2064 East 1666369.6253 Line Course: N 88-22-13 W Length: 48.22 North: 507538.5778 East 1666321.4248 Perimeter: 275.75 Area: 4,322 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0010 Error North: 0.00039 Precision 1: 275,760.00 listed courses, radii, and deltas) Course: N 65-43-51 E East: 0.00087 LOT #31 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 31 North: 12556.6473 East : 7912.164l Line Course: S 00-28-23 W Length: 99.67 North: 12456.9807 East 7911.3412 Line Course: S 88-22-11 E Length: 43.00 North: 12455.7574 East 7954.3238 Line Course: N 00-28-23 E Length: 99.67 North: 12555.4240 East 7955.1467 Line Course: N 88-22-11 W Length: 43.00 North: 12556.6473 East 7912.1641 Perimeter: 285.34 Area: 4,285 SQ. FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 285,340,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 LOT #32 JERICHO October 27. 2005 --------------------------------------------------------------------------- Parcel name: lot-32 North: 507535.9833 East: 1666412.6036 Line Course: N 00-28-21 E Length: 99.67 North: 507635.6499 East 1666413 .4255 Line Course: S 88-22-13 E Length: 49.00 North: 507634.2564 East 1666462.4057 Line Course: S 00-28-21 W Length: 99.67 North: 507534.5898 East 1666461.5838 Line Course: N 88-22-13 W Length: 49.00 North: 507535.9833 East 1666412.6036 Perimeter: 297.35 Area: 4,883 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 297,340,000.00 LOT #33 JERICHO October 27, 2005 Parcel name, lot 33 North, 507435.3567 Line Course, N 00-28-21 E North, 507535.9833 Line Course, S 88-22-13 E North, 507534.5897 Line Course, S 00-28-21 W North, 507433.9631 Line Course, N 88-22-13 W North, 507435.3567 East Length, Length, Length, Length, , 1666411. 7737 100.63 East 1666412.6036 49.00 East 1666461.5838 100.63 East 1666460.7539 49.00 East 1666411.7737 Perimeter, 299.26 Area, 4,930 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure, 0.0000 Error North, 0.00000 Precision 1, 299,260,000.00 courses, radii, and deltas) Course, S 90-00-00 E East , 0.00000 LOT #34 JERICHO October 14, 2005 Parcel name: LOT 34 North: 12355.1288 Line Course: N 88-22-11 W North: 12356.3521 Line Course: N 00-28-23 E North: 12456.9787 Line Course: S 88-22-11 E North: 12455.7554 Line Course: S 00-28-23 W North: 12355.1288 Perimeter: 287.26 Area: East : 7953.4929 Length: 43.00 East : 7910.5103 Length: 100.63 East 79l1.3411 Length: 43.00 East 7954.3237 Length: 100.63 East 7953.4929 4,326 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0000 Error North: 0.00000 listed courses, radii, and deltas) Course: N 90-00-00 W East: -0.00000 Precision 1: 287,260,000.00 LOT #35 JERICHO October 27, 2005 Parcel name: lot 35 North: 507437.9515 East: 1666320.5706 Line Course: N 00-29-09 E Length: 100.63 North: 507538.5779 East 1666321.4239 Line Course: S 88-22-13 E Length: 48.22 North: 507537.2065 East 1666369.6244 Line Course: S 00-28-21 W Length: 100.63 North: 507436.5799 East 1666368.7945 Line Course: N 88-22-13 W Length: 48.24 North: 507437.9519 East 1666320.5741 Line Course: N 00-29-02 E Length: 0.00 North: 507437.9519 East 1666320.5741 Perimeter: 297.72 Area: 4,852 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0034 Error North: 0.00037 Precision 1: 87,564.71 listed courses, radii, and deltas) Course: N 83-47-07 E East: 0.00342 TRACT "A" JERICHO October 14, 2005 Parcel name: TRACT A North: 12443.5184 Line Course: S 88-22-11 North: 12439.9767 E Line Course: S 00-28-23 W North: 12347.9598 Line Course: N 88-22-11 W North: 12352.2273 Line Course: N 00-28-23 E North: 12418.7350 CUrve Length: 39.77 Delta: 91-09-26 Chord: 35.71 Course In: S 89-31-37 RP North: 12418.5286 End North: 12443.5185 East : 8081. 7224 Length: 124.49 East 8206.1620 Length: 92.02 East 8205.4022 Length: 150.00 East 8055.4630 Length: 66.51 East 8056.0121 Radius: 25.00 Tangent: 25.51 Course: N 46-03-06 E Course Out: N 01-37-49 East 8081. 0112 East : 8081.7225 Perimeter: 472.80 Area: 13,660 SO.FT. 0 E E Mapcheck Closure -(Uses listed Error Closure: 0.0001 courses, radii, and deltas) Course: N 46-03-06 E East: 0.00010 Error North: 0.00010 Precision 1: 4,727,900.00 PLAT BOUNDARY JERICHO October 14,2005 Parcel name: PLAT Boundary North: 12357.6391 Line Course: S 88-22-11 E North: 12334.8445 Line Course: N 00-25-13 E North: 12621.2868 Line Course: N 88-21-11 W North: 12631.5805 Line Course: S 00-23-46 W North: 12628.5806 Line Course: N 88-21-11 W North: 12636.5579 Line Course: N 00-28-23 E North: 12639.5578 Line Course: N 88-22-16 W North: 12644.2531 Line Course: S 00-29-11 W North: 12357.6434 Line Course: S 00-29-13 W North: 12357.6434 East : 7865.2892 Length: 801. 22 East : 8666.1849 Length: 286.45 East : 8668.2861 Length: 358.16 East 8310.2740 Length: 3.00 East 8310.2533 Length: 277.56 East 8032.8080 Length: 3.00 East 8032.8327 Length: 165.18 East : 7867.7195 Length: 286.62 East 7865.2864 Length: 0.00 East 7865.2864 Perimeter: 2181.19 Area: 228,668 SQ.FT. 5 Mapcheck Closure -(Uses Error Closure: 0.0052 Error North: 0.00433 Precision 1: 419,459.62 listed courses, radii, and deltas) Course: N 33-37-56 W East: -0.00288 • IIORRIS IIOMBS, INC 1.0516 17 2JiD) COtJR'l' SJ: RBNTON', n 98059 DEVELOPMENT PLANNING CITY OF '1Er,ITON NOV -8 2005 RECEIVED ~~~.§~1,57 s~ CO~IM::g PAGE8el OF "I Refermce , (If applicable) Ciraator(s): AddltlODillI 011 .p~ __ GraIzue(S)1 Addldoul au hpz __ Ab __ ...... D ........... · Addttlona' OD Pap:: __ STATUTORY WARRANTY DEED NOUIS lWldBS I me 152305-9033, 152305-9148 FILED BY PNWT 5hbz'7V 2: mE ~R Gwc INCORPODATBD, a Washin~011 corporation iD fund ~ ~ and warnttts to HO:RR.IB BOHRS, me, a Washington corporat1011 "'" foIIowIDs desaIbed .... -. llmatod hi !be County of KING _ of W .... Iqt ... SD BmIBIT IIAII A'l'TACB3I) KBRBTO AND A PART HERBOl!'. SOBJlI~ TO. AS PER mtKIB:rT IIBII A'l"rACEED ADD MADS A PART BY RB!'ERBUCB Dated. August 06 •. 2004 • ( NOTARY PAGE STAn OF WASHINGTON } }n. c.a .... ., } IIta'Uy artU'y d&at limow .. bate satisfactory evldcace W:l _____________ _ k .......... (0) who .... _ bel ........ mol afd _(I) __ .... (h ....... thoy) """ad thb Instrument. and adwowledpd Ie to be (bb, ber, cheIr) free meI.valmsury ace far tbe uses and purposes ~ III tbII butnrmalt. ~II_----------------------- Noeary PabDc fD ... d far the State or Waddnpau ReddhI&''' _-,--.-:-________ _ My ............ _ ... _-------- ..................•...............................•.............................. STATE OF WASHINGTOIi } }n. c.anty of XING } is the persoa(s) who appeared Won me.. md said penoa:(.) acIolowItdpd that (~ sb .. tIrey) sIped this 1usuliiii6df. OIl OIth.stated cbat.RB IS . ~ to"aecaie tIM 1DIInnDem=-="=-d-;-:-' -... :-_-:--:k,-u--, .... :-'-.. Pi'DRB'i"iiSIDmllilT .... .---------- of awe DICOBPORA'l'BD co be cbe ".. and whaUary Kt of melt PIft7' fvr tile uses and purposes ~d Iu tbIs IDsInJmIDt. Daced: Angust 06, 2004 Notary PabOe In mel for tile State 01 Wasfdnstcm C .A. MCCOMl! _Namt Resldlal ac BADmRl:DGB ISLAND My __ .... -'-01...:'_1_8.:.1_0_6 ____ _ , PARCELC exhibit 'A' Legal Descnpbon ( The east 105 feat of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Sec!i0l115,Townshlp 23 North, Range 5 East, W M , In King County, washington, EXCEPT the north 42 feat In Southeast 12a" street, AND EXCEPT the east 20 feat thereofln 144~ Avenue Southeast PARCELE The wast 30 feat of the east 135 feat of the north half of the northeast quarter of the northwest quarter of the northeast quarter of Secfl0l115, Township 23 North, Range 5 Eas~ W M , U1 King County, washington, EXCEPT the north 42 feat thereof lying Within Southeast 128~ Slreet • ~Uuot"" I oJVV"""" ,,,,,",, ( EXHIBIT '8' . EASEMENT AND.TIiE TERMS AND CONDmONS REFERENCED TIiERElN, INCLUDING, BUT NOT LIMITED TO, TIiE FOLLOWING GRANTEE PURPOSE AREA AFFECTED RECORDED RECORDING NUMBER Kmg County, a pollbcal subdIVISIOn of the State of Washmgton Road Portion of Parcel C October 6, 1987 8710061104 2 EASEMENT AND TIiE TERMS AND CONDmONS REFERENCED TIiEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOUOWlNG GRANTEE PURPOSE AREA AFFECTED RECORDED . RECORDING NUMBER King County Drainage North 3 feet of Parcel E September 28, 1987 8709280698 3 AGREEMENT AND THE TERMS AND CONDmONS TIiEREOF BY RECORDED RECORDING NUMBER REGARDING AFFECTS Robert E Levy and Gertrude S LevY and King County October 6, 1987 8710061105 Agreement to reconstruct dnveways Partel C 4 AGREEMENT AND TIiE TERMS AND CONDmONS TIiEREOF BY RECORDED RECORDING NUMBER REGARDING The City of Renton and Centex Homes Apn120, 2000 20000420000998 latecomers agreement The amount of the latecomer's assessment for Parcel C IS $8,034 95 plus Interest and pena~les, d any . . The amount of the latecomer's assessment for Parcel E IS $2,80117 plus Interest and penal~es, d any 5 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY Reserving and exce~ng from said lands so much or such portions thereof es are or may be rrunerallands or contain coal or Iron, and also the use and the nght and bile to the use of /" . , such surface ground as may be necessary for mlnmg operations and the nght of access to such reserved and excepted mineral Iands,lncludlng lands containing coal or Iron, for the- purpose of explonng, developing and working the same RECORDING NUMBER. 79509 6 RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FillS UPON PROPERTY HEREIN DESCRIBED N3 GRANTED IN DEED RECORDED RECORDING NUMBER GRANTEE AFFECTS December 16,1964 5823642 Kmg County Partel E . 7 Right to make necessary slopes for cuts or fiUs upcn property herein descnbed as condemned In Kmg County Supenor Court Causa Number 632233 AFFECTS PartelC • . RElURH TOI NORRIS HOMES, INC. 10516 172HD COURT OK RDTOH, WA 98059 Grutor(s)t Addldoaaf OIl Paps __ _ GnJd: .. (s). -... ---- Abbrevlatecl Lepl Desaipdonl AddJt:IoDaI on Paps _. __ Assessor'I Tax ParullDl' "v~"'o '.xIV" I ~ I."''' I E2062469 !t1l3lZIM 14.38 "m ~Ih~"" SALE 11111, eee .. PAGDll OF eOl STATUTORY WARRANTY PEEP NORRIS HOHBS, :INC. pm NW 1/4 n 1/4 15-23-5 W.bS. 152305-9019-01, 152305-9045·09 'DIE GRAKTOR. l101fAlU) VXC'l'OR BANASJ:!, a.lso known as HOlQRD V. BANASKY and PATR:rCI:A ANN BANASlCY, uso known as PATllIC:IA A. BANASlt'!', each as the1r respective separate estate for ancIla comIdwatIoa of TEN· DOLLARS AND 0TlIBR GOOD Am> VALUABLE CONSI:DBRATIOH krhaDd~~lDdwarnDUIONOlUU:S JWMBS, INC., a Washington corporation the folJawlq clesalbed raJ auu,. sItIIatad fa. the cGuncy 01 K:mG State of Wasbfnstou: SBB SDZBI:'l' DA.D A'1"l'ACBBD HBRBTO Alm A PART HEREOF. NOTARY PAGE STAn OF WASHIMGTON } I ... c..mty '" XIlIG I ,bonbycadly_,_ .. _-..... __ 1IOWAl!D VICTOR BA!I1.SItY anti PA.'1'Rl:CXA Aml BAHASXY b th ........ (.) w/oo ........ "" ....... "'" "'" ....... (.) ._ ... _ ( ... she, they) _ "'" Ittstnnnent and Hlmawledpcl It to be (his, bar. their) free .... d voIaatuy act: fat tbe 1UU and purposes mudoued III thls 1Dstnnaent. D_ ON t* ti,'UJo4 00rm t f1fr\lb Noary PabDc In asci for , .... Stue of WaslaJqtoD L ·If Mttol!\b ....•....•..............•..•••••••••...........••••.........•.••••••.........•••. STAn OF WASHINGTON c..mty "'----- III. I '_cadlytMt , ............ _ .............. _____________ _ b th. _<.) _ ........ """"' ....... "'" _I) ___ (he, .... they) ....... "'" lastnuaait, oa. oath stated that ;;;;;;-;;i;;t;;;;;&djj;:;;:;;;;;:============== au:thortad to axecate th butrument ud iICII:nowIedp k u tb 01 to be the he and voIlDltaIy act of mdl party for cr.. asu mil pm'POISU mendoaecf In elm buc;11QII1I!II:C. D _____ ~ _______ _ Notary PabDc III cd for the State 01 Wasfd:qtan Pduted Name .......... --:----:----------Hy--""'-------- , PARCEL A Exhlbrt 'N Legal Descnpbon ""VV"'l'VV .... vv ........... .. The west 277 5 feet olthe north haW 01 the northeast quarter 01 the northwest quarter of the northeast quarter 01 Secbon 15, Township 23 North, Range 5 East, W M, In KIng County, WashlJ19lon, EXCEPT the north 30 feet thereof for County Road, ALSO EXCEPT the south 12 feet 01 the north 42 feet thereof conveyed to Kln9 County for road purposes by deed recorded under RecordlOg Number 5823643, ALSO EXCEPT the south 3 feet 01 the north 45 feet thereof conveyed to King County for road purposes by deeds recorded under Recording Numbers 8709280693, 8709280695, 8709280696 and 8709280697 PARCELB The east haW of the northeast quarter of the northwest quarter of the northwest quarter 01 the northeast quarter, Secbon 15, ToWnShip 23 North, Range 5 East, W M , In Kmg County, Washington, less County Roeds, and less coal and minerai nghts . / ( Exhlbrt'B' 1 . RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIRC RAILROAD COMPANY .l.uurtuo I ~41~ I.V\I"t Rese!VJng and excepbng from said lands so much or such portJons tharaofas are or may ba . I11Inerailands or confaJn coal or lion, and also the use and the nght and trtIe to the use of such surface ground as may be necessal}' for mmmg operabons and the nght of access to such re5elVed and excepted I11Inerallands, Including lands containing coal or Iron, fer the purpose of explonng, developing and working the same RECORDING NUMBER 79509 2 INDEMNITY AGREEMENT AND THE TERMS AND CONDmONS THEREOF BY RECORDED RECORDING NUMBER REGARDING Robert E Levy and Forrest V Williams, and King County, Washington December 16, 1964 5823656 Said agreement released County from all future claims for damages resulbng from the rnprovement work on property Iymg ad)aCel1t to said premISes AFFECTS Parcel A . 3 RESTRIC110NS CONTAINED IN INSTRUMENT RECORDED . September 28, 1987 RECORDING NUMBERS 8709280695, 8709280896 and 8709280697 INCLUDING BUT NOT UMITED TO THE FOLLDWING The nght to remove or relocate the eXlSbng fence located In the nght of ~ for Southeast 128· Sbreet AFFECTS Parcel A 4 CITY OF RENTON, WASHINGTON ORDINANCE NO 4612 AND THE TERMS AND CONDmONS THEREOF RECORDED RECORDING NUMBER June21,1996 9606210986 5 LATECOMERS AGREEMENT AND THE TERMS AND CONDmONS THEREOF BY RECORDED RECORDING NUMBER City of Renton and Centex Homes Apn120, 2000 20000420000998 6 .. RiGHT TO MAKE NECESSARY SLOPES FOR CUTS OR ALLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED RECORDED RECORDING NUMBER GRANTEE . AFFECTS DeoernberI6,1964 5823843 Kmg County Parcel A 7 RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED RECORDED RECORDING NUMBER GRANTEE AFFECTS October 15,1964 5799277 KmgCounty Parcel B B .. Matters dISClosed on a survey recorded under Recording Number 20010622900002 -.~--"''''"",,VIII IVVV," IV I.""'" WHEN RECORDED RlmJRN TO NORRIS HOMES, INC . 10516 J72NJ) cr S E RENI'ON, WASHINGTON 980S9 ----._-... -...... _. '--' @ CHICAGO TITLE INSURANCE COMPANY .----------1111901 _ G. STATUTORY WARRANTY DEED Dated. AUGUSTl2, 2004 THE GRANTOR RIBBRA·BALXO ENTBRPRISBS PAMIL Y UMrIBO PARlNERSHIP,A WASmNOTONUMITED PAR1NERSHIP for and In consuIcration of TI!II llOLLAl!S ADD 0'l!lER GOOD AND VALllA8I.:E CONSIDERAnOH , AND AS PART OP AN I R.CSBCIlON 1031 TAX DEPBRRfD EXOiANGB m hand paul, conveys and wcU'rants to NORRIS HOMES, INC,A WASHINGTON CORPORAnON the folloWIng descrIbed real estate Sltuated m the County of KING TaxAccouut Number(.) 15Zl05-9047-07 State of Washmgton. NORTH HALF OF THE NORTHEAST QUARTER OP THE NORT11WBST QUARTER OP THE NORTHEJ\ST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 277 5 FEET AND EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED ONI>.ER RECORDING NUMBER 5773188. ~ SUBJECT TO EXCEPTIONS SET PORTH ON ATTACHED EXHIBIT "A· AND BY THIS REFERENCE MADE A PART HEREOF AS IF f1JLLY INCORPORATED HERBIN. E2062611 lallB/H84 ea 18 KING ~ YA .:: .&:ii::I . PAGEe81 OF eel FUBEPA-BAU<O ENTERPRISES FAMIt. Y UMITEO PARTNERSHIP STATB OF WASHINGTON ... ss COUNTY OF I qsRT~FY THAI I qow foR~~ ·SATISFACTORY· EVIDENCE THAT ~.fl---!. ~ ·IS 'I'Hg,.P~ON WHO APPEARED. BEFORE ME, 'AND SAID PERSON ACKNOWLEOOED ·THAT ~ SIGNED THIS INSTRUMENT, ON OATH STATED '!'HAT' ~ WAS AtlTI§'RIZED TO.I~ THE ..J;~OMBNT AND ACKNOWLBDGED IT AS 1'!.-~jl¢<::~G1et""'O'tS-RYBBRA-B.ALKO ENTERPR;tSBS FAMILY TO BB THE FRBE AND VOLONTARY ACT OF SOCH PARTY FOR THE USES AND PORPDSBS MENTIONED IN THE INSTRtJMRNT PRIN'I'EJ) NAME NOTARY PUBLIC ~. AN,,&lVR ~ STATE OF WASHINGTON RESIDING AT ~ MY APPOIN1l<ENT EXPIRES _ 'l-.2.A-QrJ I GEORGIANN SAMPSON NOTARY PUBUG STATE OF WASHINGIDN COMMISSION EXPfRES JUlY20 2007 r ---._-----_._ .. _-- OnCAGO 'I'ITI.E INSURANCE COMPANY EXHIBIT A EscrowNo 1111901. SUllJ1lCT 'l'O EASEM:EN'l' AND THE TBRMS AND CONDITIONS THEREOF: KING COUNTY GRANTES' PURPOSB~ AREA AFFECTED. UTILITIES AND DRAINAGE FACILITY THE NORTH 3 FEET OF SAID PREMISES RECORDED RECORDING NtJ'.!BBR JUNB 23. 1987 8706230527 SAID EASEMENT SUPERSEDES INSTROMENT RECORDED ONDER RECORDING NUMBER 8704060417 RESERVATIONS AND EXCBPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD CCMPANY' RESERVING AND BX.CEPl'ING ~OM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOP AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON. AND ALSO THE USB AND THE RIGHT AND TITLE TO THE USB OF SUCH SURFACE GROOND AS MAY BE' NECESSARY POR GROUND OPERATIONS AND THE' RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINER1!L LANDS. INCLUDING LANDS CONTAINING COAL OR IRON. FOR THE PURPOSE OF EXPLORING. DEVELOPING AND WORKING THB SAME RECORDING NOMBBR~ 79509 RELEASE OF DAM.AGB AGRBEMENT AND THE TERMS AND CONDITIONS THEREOr BETWEEN GBORGB B.COOK AND MARY L COOK AND KING COUN'l"Y RBCORDED. AUGUST 26, 196. RECORDING NUMBER. 5778918 RELEASING KING COUNTY FRGf ALL P'lJ"I'URE CLAIMS FOR DAMAGES RESULTING FRCfoI IMPROVEMEN'l' WORK ON SOUTHEAST 128TH STREET AGREEMENT AND THE TERMS AND CONDITIQNS THEREOF' BE'lWBEN AND. RECORDED RECORDING NUMBER RBGARDING, CITY OF RENTON CENTEX HCMES APRIL 20. 2000 20000420000998 LATECCMBR CHARGES RRL.ATED TO THE INSTALLATION or CERTAIN WASTEWATER SYSTEMS AND APPURTENANCES THERETO RIGHT TO MAKE NECESSARY SLOPES FOR C17I'S OR FILLS UPON PROPERTY HBREIN DESCRIBED AS GRANTED IN DEED. GRANTBE. RECORDED RECORDING NUMBER KING COUN'l"Y AUGUST 12. 1964 5773188 emm .. -'IIIIIE tlistIUT -11115 kiilEii'. ..... tIof. llt1! 1I1'I1IESSET1I: Tile aid GUInIII. fer .... 1ft ..... Idor.tt .. of __ ..: .. = .... =.=J..:I1011=.::f:::1ta~ _____ _ -_ _ and otller .,., .. 1. coal .... E'_. receIpt ifiIiiIiO' if, ....., actliCiiWiiiiii. do bY tiiie .... l8Itti vent _ ... al' G11111U. Itl S1ICCU ............ 1",.. a rl,U of ... , easement fOl' u~111U •• and dra1_0 fac1:1ty ove ... thl'oo!lh •• ~. and III!der tilt ,,_ t, ...... 1 ....... I!ed. situated I. n", Countt. Vashlngton._ being __ particularly detcribed II 'on .... : ~. Wor~ 3 feet of tbe following. ~. Wortk 1/2 of the Wortboaot 1/4 of the Northw.st 1/4 of tb. Wor~ ... t 1/4 of section 15. Townsbip 23 Hortl .. Ran9-5 east. V.M., In King County, waahingtoD; BXCBP! tb ... st 277.5 f.et and tb. Bast 135 feet thereof: ABO BXCSP! ~~rtion CODy.yed to Kin9 County for road by Deed recorded under Recording Ho. 5773188. (B.B. 128th Str •• t). Cantaina an ~rea of 744 sq. ft.r oc 0.017 acr~s, MIL. TRIS IRS~ SUPBaCBDBS THAT CBRTAIH ZNS~UNBHT RBCOa»BD CRDBR AUDITOR'S I'ILB 110. 8704060417. -.'. ~'~'-' 87/06 .... 23 RECI> F CRSHSl.. .00 ............. 00 _ Said GRAIIln:. Its succe ............. IS"s •• ""n have tile right at sactJ d_ as .y be -A1"1. t.. enter _ sald...-tt , ... the _se of constraetln,. reconstructing. _Iolal.lng III!d • '-pairing said utili Ues end drainage facility • •• IIITl1ESS 1llERE0F said G1IAIIlIIR has _t..-set his hIII!d III!d seal tIJe cia, and year fint_ ... I~. III tills day __ 111' -'"" be'_ ... and t..e • :.UCII=:a;&a;r1lltiii=rW1::nm-w:-;_="f"'Cri9ii1=;:mng=rl:r;,Ws~t. _ that tIJe, tIJe s_ as tlletr '!'OIl aJJOll .. l.tary act ........... f ... tI!e _I and _sel tJoerefn _tt.eII. Qhew _ ... _ .... ,,'flef.l R.' til.. II day of i.U ?' e • l'n. ~~,04 IJTXR ~¥tie Slate ~ resl.II111' _ • il2CU I 1 ) r - ~-:~~'~.~~'": ;~ f 7' b I!! t ."") R/I1~ 133 '. t'hi6 indentural made thi8 Jed d~y of. _ ~ _.-' ___ _ 19.....a2.....-.' bet"94n . ~~'" """~!"Go~rt:!,jm;lf'R-j!;J!::-"""~"~=='=-:::r""~=== __ _ GE'itntr.,:",8nir"iT.~col" YI a powr~lIIF8ubdlvI8ior. of th", state of ~ ~(\shin, .... ,\jll GranteG.· ,$3,7:;0.00) J ~, Kl'rNeSS!!'l'd, ~h.t Grantor, j 1\ con:ddontioll of!.l.'t1rae "n1ousand 8av3Sl ftt.tndced Pjtt.y ! ..,receipt "f which 10 acx.r.:.wladgIl!H" and tila be n'! ti t~ which "'All i!cc!:'\'e to th(1 ~ r,:JIleand of Gtantor by the p.lCerciae of. th~ tights, bee. in _ granted. do herEby 1 ~r~mi8e, ~elea8e ~nd forever QUit-c13im.unto the Gra~te., its successora and i~as8ign8. an eesecanl end !:'1ght of vay d.8ctlbe~ below for the purposes '-~ hereinafter' stated; over, through, under, 'along' and arC"osa that cortGin ; r.. pOI:cal of land situated in Kinq County, Washington ~1II8crlbau 8S follovsl ,~ . . ,' . ,.' ',.' , . That portiQn of the tolll)vlng described pt'operty I lyin9 Norlh&aftterly of · ~ the arc of a circle having a rad1US of 25' feat; said ch:cle being ,tangent .. Ij to a line. 42 feat Souttt of and porOlle~: t ~he. C:6-nte. rl~ne of ':;.E:. 12Bt.n · Streee and tangent to Cl line 30: fee 8 C't ... .,Ano p4ralle:l to ~he f> centerline of 144th Ave;lue $.&.; l..:10 f)h.f»t'''' · ~ TOGETHER .WI'!'H th.e EC18t '10 _f::!et of the~aes,:.ribe(t f,arcel: -, ::: The, Bafit· lOS feet cf the_ Nort'h 1/2 of the Noitheast 1/4 of the Northwest ::. 1/4 ot' the Northeast 1/4 of Section 15, .TO\lnship 23 North, Range 5 East, w.~., K~ng Couroty, Washington; . LESS County Roaja. ~ Contains an ill! ?iIl ~f 3,005 Sq. Ft., !)r O. 069 A'~r"9' M/[g.7/10/06 . I!ECD ~ CRSHSL .00 ... • .......... 00 H. r· . .and e . .'. ;:~l" c T!~trinqt"On".--.. ~.' IT IS MUTUALLY AGREED AND UNUF.RSTOOD that .thi", Easenle'nt has been l1"- ·cc..wayed lind accepted for public right of woy purpoae~ along t:he street, road and ~lghvay identified as S.E. 128TH STREET IMPROVEMENT and that in the eventof' abandonm·ent. vacation. of relocilb.Jn of BoIIld ~tt"eet, eoa.d' oc highway, the rights and interests in: th~ .-.bove described iand~ th;,t are herwin conveyed, ~xcp.pting chose that' pectain to utilities, shall revert to the GRANTOR!!..., their successors and 8ss.1gns. :kdIN W~;~E:~ "~~tOF" 'the said GRI\Ni~R:£_~~~~ signed their name_this WtTNg55 EXCISE TAX NOT REQUIRED .. !'viI ..-=:: .~/ I(;ng Co. r .ooms ~. ~-""",P""-----I'-----~ I CnA"TOR ____ • ...lI19y.ll<J2'.:...·1hrU!J.j4""41~·g!,"L==, -JI:,-i.rJ .r.L-~ STATE Of __ .JI!4="'"'.~H:(,.,£r'P~ ). GRANTOR r . COUNTY OP' . AjA«( SS GERTRUD S. LEVY 81 Robert. C. r.evy, Attl'X'lloy-in-i'act On this .-,3 ~ de)' of _~~·t:(U __ · _____ . _, l"J-f:l.-.' before mo the. undesigneu, 6 Notary Publ~c in an fr-r tlle ,State of Jt.,qC"·¢A¥ZZa.l I du!~.J r.9'm~lssloned and ~wot'n p(. rsena lJ y appeat"ed . . I<pt;'V"?&%-E, Lev\" /6!OfV!(FfiLY eN",!' ',t2S" A1rrD~ ... "';:;;::r E}AL &.;;!i"l'S'6"S'/..;.;_. to me known to 1l8-r.he lndh1dual del'tt::nbed 10 andWho ell.ecut~HJ the "'--7 foregoing instrument, atl.d acknc.wTedged ·to lIle that he s1.gnerd and RQalod the !.ne t rUlllents CIS h' ( free end vol urit,-':rr act -':nd deed foe the uses alld purposes thelein l!:It.ntloned. . NI':"ness lily hand -':od of f i ci al sea 1 hereto ~! fl •• d in tnia ce~~lflcute aoave v!:'ltcen. .. _----- ------------- ._~.,'.1o/l">" ... -.""'.--.. i!l>bcrt E, Lavy .. " Till Lot 14~ THIS I NIIEimJR£ ... de· th Is ~_ day of .-..:AUI]UIS:::l!=t:.. _____ ,. 19..!:..-. between liIlt'ert ' • Lowt IIIIIt a..rtcud s. Levy h.N!I naner cahea bi':·I1RANfOk. -..;orr.;, County. 1I05.,h,.,l-n-9tr"o...,r.,.. .. -'"'""'p~c·l ITI<.I-.-·.T6~d ... 1V-l~S,.;I'-"",...... ""'f""'t~,e U.<e or Nashlnvton. harel •• ,ter c.lled tho GKAMT£.: . WITNEssETH: The said GRANTIJII. for and In consideration 01 _~ ___________ _ ~ _ and PUtt .JOliac-o (e..so.OO) and nther v.'uable con,s1deratlon, receipt Whereof is hereby aCknowledged. do 6y these ;-., o:ents grant unto the .atd GRANTEE, '1t5 success:Jrs t:',j ass!~os, a 'right or way easement L. a drainage structures/dftchesover,'through. across and u"~er the pr~yerty herefn descrtbed, t1tuatcd In kIng COunty, WashIngton, b.lng more particularly rtescrl~d .• s foli~: The West. 30 feet o~ the East 135 feet of the North 1/2 of the Hartt,.ast 1/4 of the Northwest '14 of the ~ortilea .. 1/4 of Section 15, Township 23 North, Ra"ge. 5 East, W.M.; LESS Count; Road. DRAINAGE EASEMENT: The North 3 feel of tho above described parcel uf land. Contains an aN!. of 90 sq, ft" or 0.0021 acres, MIL. R/W 2108 -S.'. 128TH STREET ~~':JI ;: '-·~·~5L :·It.>+> ...... ,. -)0 '1 . 'lhis instrument·doeS not uut:hociza interfacencs with .existing or future ~-.' _~ss to Southeast 128th stceet fcan the above de.scdbed porcel of land • . ;~:;!J :r. 'S~ j,L;ISE TAX NOT REQUIRED:" ~ ., Kir .... ~,ROCOtdS: Olvislon ~y 4. (i(,s" 'f tiL., OePul)' 0' ~ -'. . -• T, ,. ... C> n' o. r. < SaU GRANTEE. Iti successors dnd'1:islgns, shall have the right at such t.tfR( as. mllY ~ necessary, to enter ~pon s~ld property for the pilrpnse of constructing, reconstructing, malntalnln •• nd re~airi"g said dr,'nage l'Jgl!c F~b . I~ WITNESS WHEREOf said GRAN10R has ~ereunto set Is hand and seal the day and ye •• first tbeve "ritten. . . Kini Coonty Real Property DiVISion 'STATE Of WA.HINGTON ) ). " COUNTY Of KING ) GERTRlJi) s. LRVY By Robert R. Levy, Attocney-in-Fact t~~~/i.~~~~.;pp •• r'd hefor_ me ?~G £~L<f"~ /~">",,ofUY and "'1 "f¥:!~,:me',:;.,k~;n.ownTa'""6P1 u!-,nrllvldua l7d;"c.d6ed in anlt who rt( • lind ack,'owlefiqp.d that In.:y Ilt~ned the slime • for tt,e use! and purposes therein .mentioned. GhaR under my hl'nd an'" otrlt.llll s8s1 thh -"""A llrElllri r---------------------, .. .. . i ~ • 1 • , ~ ~ , , I i , 113 ~ t/) 0 ~ ~ 0 l'" (;t) B/W 2108 -Parcel 26 • TIlE GiAJI70JIS here1Jl VIC'l'OK and IlIlTt IAIWIIY 101. TJIE COISIDI!IIA1'IOIL OP HDrUAL 1IEIIlD'I'lS herebJ """'Ief, releue and quU-clai11 to 11", Comty, Sta'.e of lIaabiD&ton, for the uaa of the Public forever. as a public road and highway, all interest in t .... follow1ra ducr1bed real eatate, IDCludiaa dny.uter acquired Utle, all ~ituated in 11", Couot)', VUh1:latOll: the Northerly 3 feet of the followtna deecribed property. ·the Veat 277.5 feet of tne Nortb 1/2 of the Bortheast 1/4 of the BDrthwest 1/4 of the Dorthea.t 1/4 of Section 1/4 of Section 15, T0VD8hip 23 liorth, llana8 5 Bast. W.Il •• U", County. Waahi",tODI LESS County Road. Contains an aree of a33 Sq. Pt., or 0.019 .Acre •• K/L Rlw S.It •. 128TB snmrr TOGItTBI!B. WITH: the right to =""""'. or relocate' the anating fance l('cated 1a 1'le right of val" for S.E. 128th Street, and/or the::::J above deacr1bed 1I0rthe::ly 3 feet. ~~ '»ADD this d/~rda)' of Auguat 1981.. . ~~~ /~~ 7/.?f!;&r,~, 18~ RdL 13. 1E u-~~~;F> ~ V IIAlWIKY =.:.=:. . if KIlTB lIAIWin . '." ../. . - SUTE OF VASiIlIiGIOli ) en ... ...., "-' = S '" '-" =-= -CD .... (fO '" "' C> !!! "'" .... e ::: '.' co ... -< f4:0€.95 COIDlTY or nRC ) a. ) 87/0:,V28::' .n ~ECD ;:- r:I'lSHSL ............ .,'. (IiJ lID thia 2/~/'daY of ~··t, 19a1. li6iore _. 1/ IDtar), l'u!>l1c in and for tlie itate .,r lIaah1iiacun, duly c-uaiaDed and nom, per ...... lly c_ VICTOI IIAIIA&O and IIDtII lIAIlASlI. to .. bconI to be the 1Dd1Yid"al • .se"rtbed in aDd tbe7 _"ted tha within 1ut~t and actDoorledpd to .. that tbe7 ucb a1ped and H&1rd tha _ .. tbair ft .. &lUi yoluatary act aDd deed for tile _ and purpoaaa tbHeia _tioDed. Vi_a ., bud ad official oaaJ tile da, &lid rear flrat a_a wr1UeJI. ~~~Of lIaab11>jtOD~-rUULI& at "1 ~aiOD exp1rul /" • .:7.p-'7 KirZ County Real Property 0iIisi0II • 1 , . / V t ?1. ,:,:.,o~.;';' .~_~2~1:t':"":2:6:a:"_""_'""'I""!!I!!!!I!!!I!II!!!I!I_'!!!'!"'IP'",,",===""'''''''' 2 ...... S ... JE __ ---.... """-... ~, ....... ; "J"'>i1'''Ql~J """ .. $io4Il .. 5~ •• ~·'.?!I!'"-~·~!!!...,~l. . ..... : .. • 5.; ,,$I.... , t m , l I i KlNGCOUHTY NO EXCISE TAl( S£P281987 E~l80 a/v 2108 -Parcel 26 ~ ~0696 D .00 87/09/2E! :;:ECC· ;:- C~SHSL +'****'_ 00 . 11 JOI. l'IIB COJISIDIIIATIOJI 01 KlmIAL ldIIIID'ltB hereby canft} •• rele ..... aad qait-cla1lu to nag CouDty. State of Waabiagtco. for the 118. of tbe hbl1c: forever. all • public rOAd and b1gbvllY. all iotereat io tbe follOld.ag deacr1bed real .atste. ioc1udiDa 80Y after aeqaired title. all 81tuated io I1JI8 c-ty, V ... hiagtDQ' Tbe Bortbe-'y ~ feet of tbe follDWina de8cribe~ ~roperty: CD Tbe West 277.5 feet af the Borth 1"2 of tlie Northe""t 1/4 of tbe en Borthweet 1/4 of the Northeaat 1/4 of Section 1/4 of Section 15, CD TOVIIahip 23 1I0rtb, llange 5 l!ast, W.l!., ':iag County, Vashingto,,; ~ LESS Couoty Ie"d. ~ Contains an area of 833 Sq. Ft., or 0.019 Acres, l!/L ~ at'll S.It. l28m SnEET ColI TOGIITdD WITH. the daht ~o remove or relocne the l.ocated 10 tbe right of wav for S.S. 128th Street, ahove described Rortberly 3 feet. ez1stina feoce amJ/or tbe DATID tMe 3/£ day of Auguet :n ~. II> ;:;:....t; -< •. . 1'~ .r STAn OP 1IASBIIIGTON ) ,- .rio -/ .. ) 88 COIIIlTY G:: mIG ) en ... ." .~ -= a '" U1 """ ::: ~ On tb1a2S""" day of ""SU .. t, 1987, before lie, a Rotary Public 1n and for the State of Waab1agt .. ll. duly c:a.d.a81aned and ..... ro, puaOllally CDe lIDlIAIID BAIIASlY. to .. kooIIII to he the 1JIIl1vidual dea~r1bed io &ad he _nted witb1D iDatru.eot &ad acbovledp-J to _ cl.ai ba a1aoed and a .. led tbe _ .. hi. free aad vnla..1:lIry act &ad ISHd for the M_ &ad purpo .... there1D _ti .. lId. Witneaa .., baed &ad offic1al _. the ,,&'/ &ad lear f1.rat abow wr1 tteD. F~e:d At ~R8Ijue!t 01 • 9-h. ,.I;;.""} r.in& County Real Pro~, Oivisiail of t. .... hi.,.tou. r.aldiDI: K~~,~~" if)' cO-<-a1oo uPlr"';-~"c;~¥;7 ... m ., ,.., ., '" '" '" iii '" ?; ':.,..."IJ, .... , ". . , ., ...... , ..... ." .;-.' ' . = , • , ' . , I'O! .. , r ------------------------- a/w 2108 -Parc.l 26c Q!Il!-cJ.&JII JlIIIII 'lIIB GlIAII'!OIl here1D PA%IlICIA r.AIWIJ:Y hereby conve,., 1'.1 ..... eud qui t-cl.w.s to 11"1 County, St.t. at Waahington, for tbe _ cf the PubUc foraver, as a public road and biglnoay, all lnt.rest in the following described real eatate, includiug any aftar acquired Utle. all eUua!ed 1n It1ag C"unt7. Wubi"ltanl 1he RDrtherly l f.et of the fallowing deecrthed property: %be West 277.S feet of the RD:-th 1/2 of the RDrtheaat 1/4 of the Borthweat 1/4 at the RCrtheaat 1/4 of SectiDD 1/4 of Section IS. Towaabip 23 Borth, Ilange 5 ~8t, W.K •• 1:10S County, WaaMnstDD; Llt&S County Ro.od. Cootainll aD area of 833 Sq. Pt.. or 0.019 Acre.. KIL Il/W S.!!. l:'TlB S'lIlI!IIT lOGEIBI!R WITH: the right to remove or relocat~ tbe esis~iDg fence 'located in the ri8bt of way for 5.1. U8tb "treet, and/or tbe f;'''' above deac~7~;rtberly 3 feet. 5:5_~g DATED tbi .. ~ day of Augnet 19S7~ " :c "'rtM ,,, 0,< -t..J _ - -.. r,;;~, ,~ ~, ,-.-_i(f-. __ :; , STATE OP VASBIIIG'lOR ) "" ..... .... "-' co a '" '" ",. = • -... ,1,)("' '" ... C> '" ;: ro, c =-<, '" ,. -c ~oe.St? ) aa ~Ecr ~ ~RSHSL ":w.*,"n~. 0(. COIl1iTY OP KIRG ) 11 On tbis &J/j.r uy of Augu=t., 1987. before .... a Rotary Public in and for tJui State of Wull1D&!an. d"iy com1aaianed snd ..... rn. peuonally c_ PAmClA IWIASXY. to lie _ to be the individual " ...... riJoed in and ehe executed within 1.II8t~t,ancI acknavledpd to me that ..... a~ ... ed II1ld .. aled tha ...... hal' free and volU1ltary act end deed for the ..... aDd purpo ... a therein llent1D1l11d • .... I the U:r and :rear f1.ret above wnUtm, -~;p;ja~~' i~1ft"'~~tau of Wa.hloat ... , I'asldill, .t<:;f?0~ My C.....t.e10ll asphu, ' --,.::''':; -li 7 .,;ne County Real Property Divisitm ~ti.a i II!f!Wj._ 1, • ,;. _I) tZ i-,., 0 .. R/W 1805 109 this s2.Q.. dBJ' ot .... 0:o::..!1A~I;<v:...· ______ 19"', -, : . ...• ~~~~ii1, TJ!B GlIA!l'l'O~ repre •• nt.:::-and warrant_ that :t..he't-~ the Mertgag •• ~) on that oertain parcel· at land described th~ GRANTEE 1s about to perterm oartain improvement work on St. (132nd Ave.S.E. -168tb Ave. S.E.1 , -and wor~ 1e adjacent to, in the vicinity of, 4".'c:.1I,. d property belonging to said GRANTOR~, it is hereby agreed as tollows: seal 'the J i I .. -. .• / ~ , L , , ~ P e &. LEi' . 397 l¢ 'II 8ldg. 1 R/~ 2108 '33 A :li'n : 5 !£5 ' flol AAIlEEIfUI 10 AfCOIISmUCT onmllAYS ]'·lS I.UQEf'1£NI made this J4-~' da, 0' :£F"'Z2'»;!.@'2k' 19,fZ. tl and ~:~1~~f£~f~~t.nt~'1n~ff."~p'ilg, he .... lna.toi ,a"Od tho Grentee: ' WITNESSETH: WHERrAS. ~he Grantor reprE!S9nt~ lind wnrrllrits -that he is the ownv!'" (tenent. ntortglgao) ot that certain parcel of 11,nd ~estrtbed as '!','-,,,ws: . The East :05 feet of the ~orth 1/2 of the Northesst 1/4 of the Hor~hwest 1/4 of the.Northeast 1/4 of Section 15, Towrlsh1p 23 horth, Range 5 East,. W.M.; sft~at~ in King County. Wasr~ngton; LESS County Ro~ds. .00 ond, 97/10/06 ~eCv ~ C"SHSL ..... • ..... 00 11 WHEREAS, the Rrantee is about to perfonn certafn 1mprovem2nt wOrk on _____________ , _____ '~·.~E~.~1~28T~H~S~T~RE~E~T ________________________ 777 NOW, THEREFORE, ~n consfderation or th~ premises. the Granter hereby grants to the Grantee by this IIgrer.me~t. the right to locate eqllipment or,ll to work. on the (ollo1'!'ing described land ·for thE! purpO~e ef carrying on said construe. :.::1 acthit1~s consistent w1th ".he pUrp",ses of the rrojf!ct. The Soutta 10 feet o~ ·the No~th 20 feet of the above·describ~d an existing ~ravel driveway) 15li feet. 'of the West 10 -fe~t of ~he ··E~st ... pal"'l..e.1. of ·land; (said South 10. feet being Contains liT! are~ of 10·0 sq·. ft .• MIL. .. " .5l .. ,~ ~ . this agreemP.T!t shall l"'r.m;1in "in existf!nc~ Until su··" time <3S Gr8ntee· w111.~o1'fe ~arrted out the original ~o~struct1on necessary· to complete the projEct. ·IN·WITHE~~ WHeREOF, t~e said Grantor f1rst above written. fully Filed·For Record At The Request Of ,/ CP4:rtd:.. ... King Cou,ty REal Proll'rty DIVISion . STArt OF WASHINGTON ) 'c!JU~TY OF .KING l ss On th1~ da} personally ~J!/4 °1 ~f,(V...-!N ..M.t:r~£r::,sc~"'fii.s ~~v· . o "Ientnm~ Ie the Tr;:fhfdl,alT~crlbecT·"an who execi.ed the withfn .-nJ fl'lregotng fnstMJf!I9nt. o1Ut! ad:nowledqad that ~ "'qned t~e same IlS .....6~ free and voluntary act and deeu_ (or the bses and purpo~there1n mentioned. . Ghen under 1111 :-'lInd and official se~l thh -1.4.!t day of ~tiW· 19.£.2.... f 9. i1 arC!. or e ate of Wuhlngton, res Idlng .lit ___ ~tQ.<ue.vr""",,~ ________________ _ ----_._--.-.-.. -' . .4. __ • _______________ ~ .~ .... .,.,."..-.... I ! co 0"> en = c.."j , J t:':, --= Return Addr",s City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 . LATECOMERS AGREEMENT Property Tax Parcel Numbers See Parcel List pagel I hereof Project File # PRM-27-0018 Street IntcncctIon NE 4U1 Sll'Cct Duvall Ave NE to IS2Du SE Grantor(s), L Grantee(s), I City of Renton, a Municipal Corporation I I Centex Homes LEGAL DESCRJPTION Portions oCSectlons 10, II, 14 and IS, Township 23 North, Range 5 East, W M, In Kmg County Washmgron, more particularly described on pages 7-10 hereof THIS AGREEMENT made and entered mto thIS date ~k 1, ~ by and between the CITY OF RENTON, heremafter refedt'; as "CITY," and Centex Homes heremafter referred to as "DEVELOPER", ' WHEREAS, the "DEVELOPER" IS des.rous of installing certain wastewater systems and appurtenances thereto at, near, or wlthm the herem below described property and to:connect same to the "CITY'S" utl!tty or road system(s) so thaI such Improvements Will constttute an mtegral part thereof, and WHEREAS, no other property owners or users are presently avatlable to share m the cost and expense of Construction of such Improvements, and the partlCS hereto havlng ~n mmd" the ·proVISlonS and terms of the "Muntclpal Water and Sewer Faclhtles Act" (RCW 35 91 020 et seq) WHEREAS, the "DEVELOPER" IS willtng to pay all the costs and expenses for the mstallatlon of said Improv~ments. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS The "DEVELOPER" hereby acknowledges and covenants that he IS the owner of the followmg described property, to wit, See Exhibit "A" on pages 7-10 ofrhls documenr and the '"DEVELOPER" hereby agrees and covenants to cause to have tnstalled the followmg descrtbed Improvements, to-wit I 4648 hnear feet of24 lOch PVC C900 Sewer MaIO 2 116 hnear Cect of 12 lOch PVC C900 Sewer MaIO 3 28 hnear feet of 10 lOch PVC C900 Sewer Mam 4 14· each 60 lOch diameter manholes = CT C"> = = = = '" _I" = = ~-, = "" 2 LATECOMERS AGREEMENT City of Renton, a MURlclpal CorporatIOn 5 I each 48 lOch manhole, Centex Homes ( I LAG 99-001 and all necessary appurtenances, and such mstallatlOn to be mode 10 full comphance WIth all apphcable codes and regulatIons of the "CITY" The "DEVELOPER" further covenants and warrants Ihat all expenses and clauns 10 connection WIth the construction and Installation of the aforesaId Improvements, whether for labor or matenals or both have been or will be paId 10 fuU, all at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold the "CITY" harmless from any hablhty 10 connectIOn therewIth The "Developer" further certIfies that the total cosl of saId constructIon as herem above speCified IS $1,244,901 00 for the above descnbed Improvements See ExhIbIt "A" attached hereto for the map showmg m outlme the land affected by such charges per thelemlS of thIS agreement, see Ex}ublt "B" attached herolo for the legal descnpllon of the lands affected by thIS latecomer agreemenl and see ExhibIt ·C· attached hereto for the Fmal Assessment Roll The total amount of the cost of saId unprovemenl shaU be employed 10 determme the pro rata reunbu~emenllO the "DEVELOPER" by any owner of real estate who dId nol contrlbule 10 Ihe of/gmal cost of such Improvement, and who subsequenlly Wishes to tap 1010 or hookup 10 or use SlUd focllllles, whIch tap or hookup shalllOclude conneettons 10 laterals or brJIDches connectlOg thereto, all subject to the laws and ordmances of the ·CITY" and the provtSlons of thIS Agreemenl The method of determlDlDg latecomer paymenls shall be by zoned fronl foot subject 10 these latec:omer charges. The pro rata cost IS S 73.7151 per zoned front foot, [EXCEPT for connecllon of eXlslmg smgle famIly resIdences which shall not exceed $5,104 to connect WIth any remamder of the fee to be due and payable at the lime of subdIVISIon or mcreased denSity 1 3 It IS hereby found and delermmed that the construcllon and mstaUallon of said afore descnbed ImprovemenllS In the public mterest 4 The "DEVELOPER" hereby agrees and covenants 10 convey, transfer, and assIgn unto tbe "CITY" all nghts, mterest and hUe In and to said Improvements and all appurtenances and accessories thereto, free from any cl8lm and encumbrance of any party whomsoever, ·CITY" agrees to accept and malntam said unprovemenl as part of Its present system upon approval thereof by the CIty Engmeer and after mspectlOn of saId construCllon The "DEVELOPER" further agrees and covenants to execute and 10 dehver unlO the "CITY" any and all documents mcludmg QUIt ClaIm Deeds and BIlls of Sale thai may reasonably be necessary to fully vesl tItle IR the "CITY" and to effectuate tillS conveyance and transfer The "DEVELOPER" further agrees and covenants to pay unto the "CITY" sucb servIce charges or other charges as may be Imposed by the "CITY" for use of the Improvements for whIch thIS agreement IS granled 5 The "CITY" reserves the flghl, WIthout affectmgthe vahdl!y orterms of thIS Agreement, to make or cause 10 be made extenSIons to or addJlJons of the above Improvement and to allow servIce connectIOns 10 be made 10 saId extensIons or addItIons, wltboul hablhty on the part oflhe "CITY" 6 No person, firJD, or corporallon shall be granted a perJDlt to use or be authOrIzed to tap 1010 the faclhty dunng the penod of 15 (fifteen) yea~ from date hereof, wlthoul first paymg unlo the "CITY", IR addllion 10 any and all other costs, fees, and charges made or assessed for each tap, or for the maIn faclhlles constructed In connection thereWith, the amounl reqUIred by the prOVISions of thIS contract except such charges shan nol apply 10 any extensJOn of Ihe maIO faclhty See Item 10 Furthermore, 10 case any tap, H IDIVISION >IPROPSERVlP&.I'\A~~M 1~ICenl",LA I [COMR DOCIbh Page 2 co 0> 0> = :~ : / .. LATECOMERS AGREEMENT LAG 99-001 7 8 CIty of Renton, a MunIcIpal Corporlllton Centex Homes hookup, or connection IS made mto any such contracted facllay wahout such payment havmg been first made, the legIslatIve body of the "CITY" may cause to have removed such unauthorIZed tap, hookup, or connectIon, and all connections or related accesSOries located In the facIlity or right-of-way, and dIspose of such unauthorIZed matertal so removed, WIthout any lIabilIty on the part of the "CITY" whatever It IS further agreed, and covenanted that upon exp,rauon of the terms of thIS Agreement, 10 WIt IS (fifteen) years from date hereof, plus any extensIOn thereof If granted by CIty CounCIl, "CITY" shall be under no further oblIgation to collect or make any further sums unto the "DEVELOPER" The deCISIon of the Admmlstrator of Publtc Works or the AdminIstrator's authonzed representatlve In determmlng or computmg the amount due from any benefited owner who WIshes to hookup to such . Improvement shall be final and conclUSIve In all respects It IS further agreed and understood that the afore descnbed Improvements to be undertaken and paId for by ''DEVELOPER" have been or are about to be connected WIth the uulttles systems of the "CITY", and upon such connectIOn and acceptance by the "CITY" through Its legISlatIve body, saId extensIon andlor Improvement shall be and become a part of the munICIpal utllttles ThIs Agreement shall be placed for record WIth the KIDg County AudItor's Omce wIthin thll'ty (30) days of fmal executIon of the agreement 9 Transfer of tItle 10 ;'11 of the unprovements under the latecomer's agreement to the "CITY" IS a prtor condition '0 the CI!y colleclmg any latecomer'. fcc The "DEVELOPER" WIll also asSign to·lhe "CITY" the benefil and rtghl to the latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender any latecomer's fee that the "CITY" has receIved The "DEVELOPER" shall be responSIble for keepmg the "CITY" mformed of Its correct mathng address Should the "CITY" be unable to locate the "DEVELOPER" m order to deliver a latecomer's fee, the "CITY" .shall undertake an mdependent mvcstlgatton to determme the locatIon of the "DEVELOPER" Should the "CITY," after a good faIth attempt to locate the "DEVELOPER" be unable to do so, the latecomer's fee shall be placed m the SpecIal DepoSIt Fund held by the "CITY" for two years At any time wlthm the two year penod the "DEVELOPER" may receIve the latecomer's fee, WIthout mteren, by applymg to the "CITY" for that latecomer's fee After the expIration of the two-year penod, all nghts of the "DEVELOPER' to that Cee shall explTe, and the "CITY" shall be deemed to be the owner of those funds J 0 When the "CITY" has receIved the Cunds for a latecomer's fee, II wIll forward that fcc, less 15% for a processmg fee, to the "DEVELOPER" wnhm thIrty (30) days of receIpt of the funds Funds receIved by negotiable Instrument, such as a check, WIll be deemed receIved ten (10) days after delIvery to the "CITY" Should the "CITY" Call to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sale neghgence, then the "CITY" shall pay the "DEVELOPER" mterest on those monIes at the rate of mterest speCIfied In CIty Code SeCtlon 3-241 (B) However, should the "DEVELOPER" not keep the "CITY" mformed of Its current correct malhng address, or should the "DEVELOPER" otherwIse be negligent and thus contnbute to the failure of the "CITY" to pay over the latecomer's fee, then no Interest shall accrue on late payment of the latecomer's fee 1\ \DlVI~10N.'\PROPM RV\P&PIAS~M 1 <,\Ccnl<:xLATECOMR. DOC\bh Polge 3 . . = ( ( LATECOMERS AGREEMENT LAG 99-001 City of Renton, a MUDlclpal Corporation Centex Homes , II By instItutIng the latecomer's agreement the "CITY" does not agree to assume any responsIbility to enforce the \atecomer's agreement The assessment roll wIll be a maner of public record and wIll serve as a notIce to the owners of the potential assessment should connechon to the Improvements be made The "DEVELOPER" has responsibility to monItor those partIes connectIng to the Improvement Should the "CITY" become aware of such a COnnectIon, It WIll use lis best efforts to collect the latecomer's fee, but shall not mcur any hablhty should 11 madvertently fall to collect the latecomer's fee CORPORATE FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) Seal must be Wltbln box On thIS day, before me personally appeared Iesse Tanner and Manlyn I .,- I •........ -Petersen to me known to be Mayor and City Clerk of the mUnicipal " . ,... -. -. ..-,,'" . -corporation that executed the WIthIn mstrument, and acknowledged satd -. -Instrument to be the free and voluntary act and deed of saId munIcIpal :;. -. ~ • corporatton, for the uses and purposes thereto mentioned, and on oath stated -that he/she was authonzed to execute saId Instrumenl and that the seal affixed IS the Corporate seal of said mUnICipal corporation .-.. ~ I\.u<mi: tl/7VIv Notary Public In and for the State ?f WashIngton Notary (Prtnt) M,c,h<lt /'JW 11"'.11 Vl My.app0Tt~i~t expu-es qiIQ/;wo1 Dated I-{ 1 ?1rtro H \DIVISION ~\PROP~ERVlP&P\A>!>M r~\Ce",e'LAl ~C.OMR DOC\bh . = en C"") = = ~ '-' "" """" = <:.:> L.-' = "" LATECOMERS AGREEMENT LAG 99-001 City of Renton, a MUDIClpal CorporatIon· Centex Homes DEVELOPER REPRESENTATIVE FORM OF STATE OF WASHINGTON )SS rA_C_1(_N-;:O_W.;,'L .. ED~GM~ENT':\1==_-I COUNTY OF KING ) I-~''''''S=:::-:''~iri''r:--'--;. [cerlli)' that I know or have satIsfactory evIdence that \:4n"t#1 ~. kl,t¥'" -:-:-c-:;--,." ..... ,.,..".,-,,"""';--_-:;-:-:_:-__ Slgned thiS Instrument, on oath stated that (S)shi:lthcy @.w.... authonzed to ... cut. the Insuum.nt and acknowledged It as the talllS\An 'PtrSidp, .... d " of C ..... 4f.x HomLS to be the f=and volu"'ntary=-cac:-=-to"f;-.-uc"'h--- 1-+.-'~""~nolP.;;"=-' '6-+_~~artICS for lhe uses and purposes mentioned m the 1nstrument ... 1-_________ -1 Nota P Ie In and for e State of Washington 1--______ -/ Notary (pnnt) 1""tl Wla.t"o-. t.... bk; dp.. /---________ ---/ My appomtmentcxpu-es Q""l.310~ Dated IIIDIVI,ION ,IPROP,ERVIP&PIA"M r,\C,ntcxLATECOMR DOC\bh PageS ( ~ ;=J_o-:-I c/) I-- ~ . , f-- (I) ~ 000 I ~ >."" I ~S at. V 0. '"' 0 I , o ... 0 ~ Q) it I '- Q) 0."" ? > 0 I: ~ III ... ~ co..l= -~ '= I ~ (I) ~ t - => ( Ml(~l _". I I c., ..c:: I- .::.) ..... ~ -.j' -. ..., e.-N , ' -~ is! I<l~' ql t I i ,-~ h ~ I , If)1 l-I s- • OJ .J ~ If"'\: I t I---I • r- ---' I . !Sll - I I - '-- H I ~ I II Q) ..... p; ITT I~ . t-f=l .~ _(I) ---0 -~ ....... ~ -1*- ~ I ~ -~ 1-~ ~ t::l lU I I--en i- I-I-- ~ 0-r--- hi I I --I- I -, I I--l- I--I-- I-" !! 3R I ,,~ vI ~ 0 ~ r-=c I I -N ? fm" t-" l-I-1'''' _n. .... f(t r--I --,.. ~ G ~ I [ ---0 _. ~ /::\\I\\\~ --L- CS:' ! - -o· : I r ,... §~ (CJ I .-~~J:; mn-I llAnd- o . ~-., rl L..... 3N aAV ~ 1- ~ .IITIT IT ~ 3l! ~ ommm ~V nlB ~l 1~ i=: II/ml-f--" J\l i= ;:z, "\F --- 0·- " ... EXHIBITB Centex Latecomer Legal Description I hose portions of ~ecllons 10, I I, 14, and 15. all III Township 23 North, Range 5 East, W M , on KlIlg County. Washongton described as follows BEGINNING at the south quarter comer of said Section 10, said south quarter comer beong a pomt wlthm the Rlght-of-Way of SE 12&th Street. Thence westerly along the south hne of saId Section 10, to an mtersectlon WIth the southerly extensIon of the easterly Right-of-Way margin of Duvall Avenue NE and the True Pomt of Begonnlng, = Thence northerly along ~ald southerly extension and easterly Right-of-Way line, to an Intersection WIth CT CT' the north hne of the southeast quarter of the southeast quarter of the southwest quarter of saId SectIon 10, = C") '"' Thence easterly along saId north lone to an intersection With the east lone of the southwest quarter of saId c..-' Sectlon \ O. ;;~ Thence contmu mg easterly along the north lone of the west half of the southwest quarter of the southwe~t quarter of the southeast quarter of saId SectIon 10 to the northeast comer of saId SUbdiVISIon, c> ~ Thence southerly along the east Ime of saId subd,VISIon to an ontersectJon WIth a hne 210 feet south of and parallel WIth the north hne of the southwest quarter of the southwest quarter of the southeast quarter of saId SectIon I 0 Thence easterly along saId paraBellm~ and Its easterly extensIon crossmg 142nd Avenue SE to an mtersectlOn With the easterly nght of way margm of said 142nd Avenue SE, Thence northerly along saId easterly right of way margm to an ontersectlon WIth the north hne of southeast quarter of the ~outhwest quarter of the southeast quarter of said SectIon 10, Thence easterly along said north lone to the northeast comer of saId SUbdIVISIon, Thence contonumg easterly along the north hne of the southwest quarter of the southeast quarter of the ,outheast quarter of ,aid Section 10 to the northeast corner of saId SUbdiVISion, Thence contonumg easterly along the north Ime of the southeast quarter of the southeast quarter of the '0I1Ih""SI quartol 01 ,ald 'Section 10 to an IIltersecllon With a lone parallel WIth and 150 feet westeoly of the east Ime of ."lId ~ubdIVl~JOn, Thence ,outherly along ,aid pardllel hne 10 an mte~eCllon With a Ime parallel With and 210 teet northelly of Ihe ,oulh IlIle of Sdld !>ectlOl1 10, 1 hence ea,leoly dlong ',lid paldllellme and Its ea'ierly el<ten"on clossmg 148th Avenue SE, entellng "lid 'Section I I. 10 dn IIlIel,ectlon WIth the easterly right of WdY margon of saId 1481h A venue SE, ..... = en en <:> = '-, C> l wuc..x Lcltc..c..omer Legitl I)c\c..npuon p.lgc.. .2 Thence nOltherly alang saId easterly fight .of way maJgm of saId J48th Avenue SEIO an intersectIOn wIth the narth line .of the southwest quarter .of the southwest quarter .of the southwest quarter .of the southwest quarter of saId Sectlan II. Thence easterly alang saId narth line tathe n.ortheaSt carner of said subdlvlsl.on. Thence s.outherly alang the easthne .of saId" subd,vlslan ta an Intersecllan wIth a line 7 5 feet sautherly .of and parallel wIth the narth line ot the sautheast quarter .of the southwe't quarter of the southwe,t qU~lItel .of the sauthwest quarter .of said SectIOn II, TIlence easterly alang saId paralleillne.to an intersectIOn WIth the east hne .of said subdlvlslan. Thence nartherly along the west hne of the east half .of the southwest quarter .of the sauthwest quarter of saId Sectlan I I ta the narthwest Carner thereaf. Thence c.ontlnulng nartherly alang the west hne .of the s.outheast quarter .of the narthwest quarter .of the sauthwest quarter .of saId Sectlan II, and Its nartherly extensIOn ta an Intersect Ian with a line 15 feet nartherly .of and parallel wIth the narth hne .of saId subd,v,s,an, TItence easterly along said parallel Ime ta an Intersectlan wIth the narth-south centerline .of the southwest quarter .of saId Sectlan II, Thence southerly alang said north-sauth centerhne ta an intersectIOn wIth the sauth line .of saId Section II, bemg a POlRt wlthlR the right of way afSE J 28th Street, Thence cantlnulng sautherly alang the narth-sauth centerhne of the narthwest quarter of said Secllon 14 t.o an mtersectlon with the south line .of the northwest quarter of the n.orthwest quarter .of said Sectlan 14 Thence westerly along said south Ime ta sauthwest corner .of saId subd,VISIon and an mterseClJan WIth the easterly TIght .of way margm .of I 48th Avenue SE, Thence northerly along saId easterly fight of way margIn ta an intersectIOn WIth the easterly extensIon .of the sauth Ime of Tract 4, Black Loam F,ve Acre Tracts according ta the plat thereof recorded III Volume 12 .of Plats. page 101, recards .of King Caunty Washmgton. Thence westerly Jiang saId eastelly extenSIon and ,outh Ime to an mtersectJon WIth the easterly lIght 01 way margllt at I 46th Avenue SE Thence nOltherly nlong .ald eru,telly malgll1 to an II1tersectlOn WIth the e •• lelly exten;JOIt at the "'11th Ime 01 the nartheast quarter of the ea,t hdlf of Tract 2 • .01 saId plat. Thence westerly alang saId extenslan and sauth hne ta the sauthwe.t calner at saId subdlvlslon. I hence nOlthelly dlong the west Ime 01 ,aId ,ubd,v,s,on ta dn mtcrscctlall WIth dime pdlallel WIth dlld 142 teet sautherly 01 the north Ime of saId Tlact 2, tgM/\)t} => 0"> en = " -, , ' '" , l L.nl~' I dh .. l..ulnu 1 ... 1!.111k.\c.nplum p.lk!\. l Thence \Vestelly along said parallel hne a distance of 75 feet to an mterseetlon with the east Ime of the west half of the west half of the east half of said T,aet 2. Thence southerly along Sdld east hne to an mtelsectlon with the south hne of the north 150 feet of said subdivIsion, 1 hence we.teli) dlong sdld south hne to an mtersectlon with the east Ime of the west half of said Tract 2. rhence southerly to the southeast corner of said west half. Thence westerly along the south Ime ohald west half to an mtersectlon with the easterly right-of-way mal gin of 144th Avenue SE. Thence contmulng westerly U; the westerly right-of-way margin of said 144th Ave SE at Its mterSectlOn With the south Ime of the north half of the northeast quarter of the northwest quarter of the nonheast quarter of said SectIOn 15, Thence westerly along .old south Ime, to the southwest comer of said subdiVIsion, said southwest comer also bemg the southeast corner of the north half of the northwest quarter of the northwestquaner of the 1l00lheast quartel of said Section 15, . Thence contmumg westerly along the south Ime of said north half of the northwest quarter of the nOi thwest quarter of the northeast quartel of said Section 15 to the southwest comer thereOf, Thence contmumg westerly along the south Ime of the north half of the northeast quarter of the northeast quartel of the northwest quarter of said Section 15 to an mtersectlon With a hne parallel With and 230 feet west 01 the east hne of said subdiVISion, . Thenee nOlthelly along .old parallellme to an IIlterseCllon With a hne parallel With and 190 feet south of the north hne of said Section IS, TIlenee westelly along said parallel hne to an mtelsectlOn With a Ime parallel With and 330 feet west of the east Ime of the northwest quarter of said SectIOn 15. TIlence southerly along said parallel hne to an mtersectlon With the south hne of the north half of the 1l00thea\t quartel of the northeast quartel 01 the northwe.t quarter OfS81d Section 15. Thence wcsterly .Iong .ald south hne to an IIJteI,ectloll With a line parallel WIth and 110 feeteastelly 01 the we';t Imc ot ... ald ... ubdlvloc;lon, rhcnce northedy ,lIong ,aid pdl allel Imc to an tnte .. eetlon With a Ime parallel With and 90 feet nOI th 01 the \outh Ime ot "'~lId ... uhdlvl<;lOn = en c:r> = -~ , ' < , ;" I, ( I..l\b .. ' I .Itu.mnu 1 log,ll D~npllon p.ll:!-l. .. Thence easterly .Iong said palallel hne to all IIlterseetlon with a lille parallel wllh al'd J 50 leet ea5terlyoJ the west I me of said subdIvIsIon, Thellee northel Jy along Sdld pauliellme 10 dn mtersectlon with the south hne of saId SectIOn 10, Thence westerly along saId south hne to the True Pomt of Begmmng Centex Latecomer Parcel List Developer's Property: Wmdwood 112305-9011 112305-9029 Parcel #1: 102305-9032, Parcel #21: 152305-9040 102305-9351, Parcel #22: 152305-9132 102305-9425 ParcellA: 102305-9047 Parcel #23: 152305-9061 = Parcel #2: Wmdsong . en Parcel #24: 152305-9045 en 102305-9024, = --, 102305-9027, Parcel #25: 152305-9019 , . r, 102305-9274, Parcel #26: 152305-9047 ~ , 769560-00) 0 , ", Parcel #3: 102305-9035 . Parcel #27: 152305-9148 c-, Parcel #4' 102305-9167 Parcel #28: 152305-9033 '-' r, Parcei #5: "" 102305-9142 Parcel #29: 084710-0015 Parcel #6: 1 02305-91 03 Parcel #30: 084710-0015 Parcel #7: 102305-9041 Parcel #31: 084710-0014 Parcel #8: 102305-9040 Pareel #32: 084710-0024 Parcel #9: 102305-9304 Parcel #33: 084710-0019 Parcel #10: 102305-9039 Parcel #34: 084710-0022 Parcel #11: ) 02305-90 16 Parcel #35: 084710-0020 Parcel #12: 102305-9206 Parcel #36: 084710-0005 Parcel #13: 112305-90) 5 Parcel #37: . 084710-0006 Parcel #14: 112305-9018 Parcel #38: 142305-9016 Parcel #15: 112305-9020 Parcel #39: 142305-9021 Parcel #16: ) 12305-9030 Parcel #40: 142305-9020 Parcel #17: 152305-9) 45 Parcel #41: Maplewood Parcel #18' 152305-9112 142305-9004, 142305-9017 Parcel #19: 152305-9002 Parcel #20: 152305-9096 Type , \. ( EXlUBIT "C" CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Wastewater UtilIty Improvements Total Cost $1.244.901 00 Assessment DIStrict 27-00 18 Total ZFF Cost Collection Lme $1.244.901 00 16.888 Total ZFF (feet) Cost per ZFF $73 7151 Name! Address of Owner ZFF Assm't Property = Identlfical10n en L-~==~==~~~ ______________________ ~ ______ ~ ____________ -J en = ~, -------------------------------------------------------------------------C--> <::J Parcel # 1 <::> ( ::J KC Tax Act # Legal Descnptlon Parcel # lA KC Tax Act # Legal Descnptlon WASHINGTON RESTAURANT PROPERTIES PO BOX 21926 3926 Seaule, WA 98111 102305-9032, 102305-9351, 102305-9425 793 $ 58,456 07 Parcel A LOT 1 OF CITY OF RENTON SHORT PLAT NO LUA 98~82 SHFL RECORDING NO 9809149003 Parcel B PARCEL 2 OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO LUA 98~ LLA RECORDING NO 9803099022 Parcel C PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 9~7 LLA RECORDING NO 9803099002 NORWEST PACIFIC ASSOCIATES 702 Honeysuckle Dnve Mt Vernon, WA 98273 102305-9047 290 S21,3n41 PARCEL I OF CITY OF RENTON BOUNDARY UNE ADJUSTMENT NO LUA ~ LLA . RECORDING NO 9803099022 = = .,..., = =-> c-, '" -.-.::" -:-, ,-" .-~ ,-.... Property Identification Parcel # 2 KC Tax Act # Legal Description Parcel # 3 KC Tax Act /I Legal Descnpllon Parcel # 4 KC Tax ActN Legal Descnpllon Parcel # 5 KC Tax Act /I Legal DescnptlOn FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Name! Address of Owner ZFF Assessnient Wmdsong Centex Homes 2320 130th Avenue NE, SUlle #200 Bellevue W A 98005 102305-9024, 102305-9027, 10230'-9274, 769560-0010 1,639 $ 120,81909 Parcel A E 112 OF SW 114 OF SW 114 OF SE 114 LESS N 210 Ff LESS S 220 IT LESS CO RO Parcel B W 112 OF SE 1/4 OF SW 114 OF SE 1/4 LESS N 252 Ff LESS CO RDS Parcel C N 252 FT OF W 112 OF SE 1/4 OF SW 1/4 OF SE 1/4 LESS CO RD Parcel DSERENE SLOPE ADD ENTIRE VAC PLAT !NCL VAC 140TH PL SE JOHN MCTIGHE +ETAL 24929 267TH SE RAVENSDALE WA 98051 102305-9035 520 $38,331 86 E 112 OF SE 114 OF SW 114 OF SE 1/4 LESS E 90 FT OF W 120 FT OF S 160 IT LESS CO RD JOHN R MCTIGHE +ETAL 24929 267TH SE RAVENSDALE WA 98051 102305-9167 89 $6,560 65 E 90 FT OF W 120 FT OF S 160 FT • :OF E 112 OF SE 114 OF SW 1/4 OF • :SE 114 LESS CORD DEBORAH PHELPS BYERSDORFER GREGORY A BYERSDORFER 2265 I SE 56TI1 ST ISSAQUAH WA 98029 102305-9142 217 $15,996 18 LOT 2 OF KC SHORT PLAT NO 877012 RECORDING NO 7712010905 = er- a"' = ,::.-, < , . , C--, '~:J C) l , r-- "" Property Idenl1ficatJOn Parcel # 6 KC Tall: Act # Legal Descnptlon Parcel (I 7 KCTax Act # Legal Descnptlon Parcel # 8 KCTax Act # Legal DesCription Parcel (I 9 KCTax Act # Legal Descnptlon Parcel (110 KC Tax Act # Legal Description FINAL r i . CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODj Namel Address of Owner ZFF Assessment DEBORAH PHELPS BYERSDORFER GREGORY ABYERSDORFER 22~ I SE 561115T ISSAQUAH WA 98029 102305-9103 106 $7,813 80 LOT I OF KC SHORT PlAT NO mOl2 RECORDING NO 7712010905 BENNIE 1 +BARBARA 1 REID 14412 SE 128TI1 sr RENTON WA 98036 102305-9041 280 $20,640 23 E 112 OF W 112 OF SW 1/4 OF SE 1/4 OF SE 114 LESS CO RD LESS W 12 FT TIlOF BAl.ESLP 30640 PilClfic Hwy S,IID Federal Way, W A 98003 102305-9040 S08 $37,44728 E 112 OF SW 114 OF SE 1/4 OF SE 114 LESS E 100 FT OF S ISO FT LESS CO RD BALESLP 30640 Pacific Hwy S, lID Federal Way, WA 98003 102305-9304 96 $7,07665 E 100 FT OF S 150 FT OF SW 1/4 OF SE 1/4 OF SE 114 LESS CO RD RIBERA-BALKO ENTERPRISES 16400 Soulhccnter Parkway, #308 Seattle; WA 98188-3302 102305-9039 603 $44,45022 W 112 OF SE 1/4 OF SE 114 OF SE 1/4 LESS CO RD .ESMT PS P & L CO TRANS LN Property Identification Parcel # 11 KC Tax Act # Legal Description Parcel # 12 KC Tax Act # Legal Descnptlon Parcel # 13 KC Tax Act # Legal Description' Parcel # 14 KC Tax Act # Legal Description Parcell! 15 KCTax Act # Legal DesCriptIOn FINAL , , CITY OF RENTON . FINAL ASSESSMENT ROLL' CENTEX LATECOMER [WINDWOODj Namel Address of Owner ZFF Assessment RIBERA-BALKO ENTERPRISES 16400 Southcenler Parlcway, #308 Scanl., WA 98188-3302 102305-9016 SE 114 LESS E 150 FT LESS CO RD AI BeD McEvoy Sally gad McEvoy 18321 SE 147· Pl • ." RENTON WA 98059 10230S-9206 329 524,25228 129 $9,509 2S E ISO 01 FT MEAS ALG S LN OF S 210 FT OF SE 1/4 OF SE 114 LESS CO RDS RIBERA-BALKO ENTERPRISES 16400 Soulbcenler Parkway, '308 Scanle, WA 98188-3302 112305-9015 , 381 $28,08546 SW 114 OF SW 114 OF SW 114 OF SW 114 LESS CO RDS LESS C/M ROTS ESMT P S P & L COTRANSLN CECIL K MULUNS 1863112OTI1 AVE SE RENTON WA 98058 112305-9018 207 $15,25903 W 112 OF SE 1/4 OF SW 1/4 OF SW 1/4 OF SW 114 LESS N 75FT LESS CIM ROTS LESS CO RD ESMT P S P & L co TRANS LN CECIL K MULLINS 18631 120m AVE SE RENTON WA 98058 112305-9020 207 $15,25903 E 112 OF SE 1/4 OF SW 1/4 OF SW 114 OF SW 114 LESS N 75FT LESS CO RD LESS CIM ROTS ESMT PSP & L CO TRANS LN = 0'> 0"> = c. , , . r-, ,- =-> c., r., " Property IdentIficatIon Parcel # 16 KCTax Act # Legal Descnptlon Parcel # 17 KC Tax Act # Legal DescnptJon Parcel # 18 KCTax Act # Legal DescnptJOn Parcel # 19 KCTax ACI# Legal Descnpnon FiNAL (' CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODj Name! Address of Owner ZFF Assessment CHARLES U.CKEY POBOX 2198 RENTON WA 98056 112305-9030 170 $12.531 57 S 378 8 Ff OF W 125 Ff OF E 112 OF SW 114 OF SW 114 LESS CO RD SUBJ TO ESMT TRANS LN RJW LESS C/M RGTS Mr Va_I'd-Renton LLC 14100 SE 36" 51,.." If2J)fJ Bellevue W A 98006 152305-9145 220 $16,217 33 N 112 OF HE 1/4 OF HE 114 OF NW 114 LESS E 330 Ff LESS W ISO Ff LY N OF LN 90 Ff N OF S LN SD N 112 LESS W 110 Ff OF S 90 FT LESS CO RD LESS C/M RGTS JAMES D '" PAULA MONTGOMERY 2807 BURNEIT AVE N RENTON WA 98056 152305-9112 lOS 57,74009 W 100 Ff OF E 330 FT OF N 190 Ff OF NW 1/4 LESS CO RD & LESS CIM RGTS ROBERT & PAMEllA MJNKLER 5 LUMMI KEY BELLEVUE WA98OO6 152305-9002 294 $21,672 25 E 230 Ff OF N 112 OF HE 114 OF HE 1/4 OF NW 114 LESS CO RD LESS C/M ROTS = en en = '"""' ,. , C"l C-. --.' = L'"J r...> "" Property IdentificatIOn Parcel # 20 KC Tax Act # Legal Descnptlon Parcel # 21 KC Tax Act # Legal Description Parcel # 22 KC Tax Act # Legal Descnpuon FINAL I , CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODJ Name! Address of Owner ZFF Assessment WEST COAST INVESTMENTS INC SHIRLEY HUNG and CLAUDIA HUNG (TRUST) 14009 SE 128'" Sueet Renton. W A 98059 152305-9096 729 S16,88O 76 NW 114 OF NW 114 OF NW 114 OF NE 114 LESS E ISO FT LESS CO RD LESS CIM RGTS W 3OFTFORRD WEST COAST INVESTMENTS INC SHIRLEY HUNG and CLAUDIA HUNG (TRUST) 14009 SE 128" Street . Renton, W A 98059 .152305-9040 38 $2,801 17 POR SE 114 OF NW 114 OF NE 114 BEG NW COR SD SUB TH S 88·72-52 E ALG NL Y LN 30 FT TH S ()(J..28-4(] W 200 FT TH ELYPLW NLY LN 300 7 FT TO TPOB TH CONTG E 3007 FTTOPT 30FTW OF ELY LN TIl S 00-25-28 W 726 91 FTTH N 88·24-~W PLW SLY LN 300 8 FT TH NLY 727 09 FT TO TPOB LESS CIM RGTS 4< LESS N 117 FT OF S 187 FT OF E 250 FT THOF WEST COAST INVESTMENTS INC SHIRLEY HUNG and CLAUDIA HUNG (TRUST) 14009 SE 128" Street Renton, W A 98059 152305·9132 169 $12,457 86 W 24 FT OF NE 114 OF NW 114 OF NW 114 OF NE 114 4< E 131 FT OF NW 114 OF NW 1/4 OF NW 114 OF NE 114 LESS CO RD ... U <n <:-> = , < , .:-. = <....:> r...> '"" l Property I Identification Parcel # 23 KC Tax Act # Legal Descnpllon Parcel # 24 KC Tax Act # Legal Descnptlon Parcel # 2S . KCTaxAct# Legal Descnptlon Parcel # 26 KC Tax Act # Legal Descnptlon Parcel # 27 KC Tax Act # Legal DescnptlOn FINAl.. CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODJ Namel Address of Owner I ZFF ZFF Assessment I DANIEL F MEDDAUGH 14013 SE 128TI1 ST RENTON WA 98059 152305 .. 9061 210 $15,480 18 W 112 OF NE 1/4 OF NW 114 OF NW 1/4 OF NE 1/4 LESS W 24 FT LESS CO RD PATRICIA A BANASKY 463 Ferndale Avenue NE RENTON WA 98056 152305 .. 9045 174 $12,82643 E 112 OF NE 114 OF NW lI4 OF NW !l4 OF NE 114 LESS CO RDS LESS elM ROTS HOWARD V BANASKY 1401 N 26TH ST RENTON WA 98056 152305 .. 9019 352 $25,94772 W 277 5 FT OF N 112 OF NE 1/4 OF NW 1/4 OF NE 114 LESS CO RD RlBERA .. BALKO ENTERPRISES 16400 Southcenter Parkway, 1308 Seattle, WA 98188-3302 152305 .. 9047 311 . $23,367 69 N 112 OF NE 1/4 OF NW 114 OF NE !l4 LESS W 217 5 FT LESS E 135 FT LESS CO RD LESS CIM ROTS ROBERT E LEVY 810 3RD AVE #414 CENTRAL BlDG SEATTLE WA 98104 152305 .. 9148 38 $2,801 17 W 30 FT OF E I3S FT OF N 112 OF NE 1/4 OF NW 1/4 OF NE 114 LESS CO RD = en en = = , , Property Identification Parcel 0 28 KC Tax Act 0 Legal Descnpllon Parcel 0 29 KC Tax Act 0 Legal Descnpllon Parcel 0 30 KC Tax ActO Legal DeSCrIption Parcel 0 31 KC Tax Act 0 Legal Descnptlon Parcel # 32 KC Tax Act # Legal Descnptlon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODI Name/Address of Owner ZFP Assessment ROBERT E LEVY 810 3RDAVE #414 CENTRAL BLDG SEATTLE WA 98104 152305-9033 109 58,03495 E 105 Fr OF N 112 OF NE 114 OF NW 1/4 OF NE 114 LESS CO RDS CLEO 1 PORGAARD 678 SUNSET BLVD NE RENTON WA 98056 084710-0015 185 $13,63730 Tract 2, BLACK LOAM FIVE-ACRE TRS W 112 LESS E 158 Fr LESS CO RD CLEO 1 FORGAARD 678 SUNSET BLVD NE . RENTON WA 98056 084710-0016 128 $9,435 54 Traa2, BLACK LOAM FIVE-ACRE TRS W 98 Fr OF E 158 Fr OFW In LESS CO RD CLEO 1 FORGAARD 678 SUNSET BLVD NE RENTON WA 98056 0847.l0-00i4 78 S5,74978 TraCl2, BLACK LOAM FIVE-ACRE TRS E 60 Fr OF W 112 LESS CO RD C ROBERT mORNTON . 6824 19" SI W University Place WA 98466-5528 084710-0024 n $5,67606 Tract 2, BLACK LOAM FIVE,ACRE TRS N 150 Fr OF W 112 OF W 112 OF E In LESS CO RD = c:" en = --, Property IdentIficatloD Parcel # 33 KC Tax Act # Legal DescriptIOn Parcel # 34 KCTax Act # Legal Descnp!1on Parcel # 35 KCTax Act # Legal Descnpnon Parcel # 36 KC Tax Act # Legal Descnp!lon FINAL / ( CITY OF RENTON· FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODl Namel Address of Owner ZFF Assessment BALES LP 30640 Pacific Hwy S, In Federal Way, WA 98003 08471()'oo19 76 $5,602 35 Tract 2 BLACK LOAM FIVE-ACRE TRS N 130 FT OF E 75 FT OF FOLO W 112 OF E 112 LESS N 12 FT FOR RD QUANG T DO + PHUNG K CHUNG 14419 SE l28TH ST RENTON WA 98059 08471().0022 86 $6,339 SO Tract 2, BLACK LOAM FIVE-ACRE TRS NE 1/4 OF E 112 LESS E 68 FT LESS CO RD QUANG T DO + PHUNG K CHUNG 14419 SE 128TH ST RENTON WA 98059 084710-0020 . 70 $5,160 06 Tract 2, BLACK LOAM FIVE-ACRE TRS E 68 FT of NE 114 OF E 112 LESS CO RD RIBERA-BALKO ENTERPRISES 16400 Southce ... r Partway, #308 Seattle, WA 98188-3302 084710.0005 08471()'oo10 968 $71.35624 That PortiO. of Tracts I & 4, BLACK LOAM FIVE-ACRE TRS W 112 OF 1 LESS W 120 FT OF E ISO FT OF N 160 FT "" W 112 OF 4 LESS CO RD, ALSO, E 'II LESS that portion dedIcated as streets = en en = C.J L , < , C'oI --.=> .::., <=:> c---> c--.. Property Identification Parcel II 37 KC Tax Act II Legal Descrlptton Parcel II 38 KC Tax Act II Legal Descnpllon Parcel II 39 KC Tax Act II Legal Descrlptton Parcel It 40 KC Tax ACIII Legal DesCription Paicel II 41 KC Tax AcllI Legal Descrtptlon ANAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODJ Namel Address of Owner ZFF Assessment ludy PatrIck 3604 NE 8" S ..... t Renton W A 98056 084710-0006 126 $9.288 11 Tract I, BLACK LOAM AVE-ACRE TRS W 120 Fr OF E ISO Fr OF N 160 Fr OF W 112 LESS CORD BaIJmder II: IUsbpal Bonar 671 Bremerton Avenue NE ' Renton. W A 98059 142305-9016 599 $44.15536 N 500 Fr OF W 112 OF NW 114 OF NW 1/4 LESS E 22S Fr LESS W 30 Fr LESS CO RD RIBERA-BALKO ENTERPRISES 16400 Southcenter Parkway. #308 Seattle, WA 98188-3302 142305-9021 511 $37.668 43 E 225 Fr OF N 968 Fr OF W 112 OF NW 114 OF NW 114 LESS CO RD Danael S Johnson IS05 I SE 128-Street RENTON WA 98059 142305-9020 599 E 112 OF HE 114 OF NW 1/4 OF NW 114 LESS CO RD Maplewood FINER HOMES INC 1215 120TH A VB HE #201 BELLEVUE WA 98005 142305-9004. 142305-9017 2.093 $44.15536 $154.28575 Parcel A W 112 OF NE 114 OF NW 1/4 OF NW 1/4 & SE 114 OF NW 114 OF NW 114 LESS CORD Parcel B W 1/2 OF W 1/2 OF NW 1/4 LESS POR OF N 500 FT LYE OF E LN OF W 30 FT OF SO SUBO LESS E 225 FT OF S 468 Fr OF N 968 Fr OF SO SUBDIV = 0- Property IdenllficatlOn Developer Property ~ KCTaxAct# ,,- Legal Descnpuon . -.-... FINAL . CITY OF RENTON FINAL ASSESSMENT ROLL ·CENTEX LATECOMER [WINDWOODl Namel Address of Owner zpp Assessment Cemel. Homes 2320 130th Avenue NE, SUIte /f2JYJ Bellewe W A 98005 112305-9011 112305-9029 2,473 $182,297 SO Parcel A E 112 OF SW 114 OF SW 114 lESS W 125 fT OF S 378 8 fT lESS CO RD Parcel B SE 114 OF NW 114 OF SW 114 ALSO S 15 fT OF N 112 OF NW 114 OF SW 114 lESS CO RD I I .;, .. .,. . .\,. , at .~$ ,( 'tllI/part''' il/;I,; /l'l't'llI'.I I QiftfWl NamellDd R&sidenoes of P'IU1JetI: an'161&~ -.rTinB Il'tllQ Pw'L,. CJa.uae: II.I~ti ~II.!,;. . I _".0·,,, .' oK I ~ DBED " .. ~ 'r"''' .{ (~f~ Vol, /' p, I Nor/kern Padfo. Railroad Cam. pany n corp Un4 Adof eMI/:. e1lfifld "An Aet Granting Lds to aid ;11 Ihe amstruein of a R. R. QlId Tell{. " Line from Lie Sup to Ptlgd Sd lin tIzc Pac. Coast by the Norllm '(lIlI~," appvd july ,.61. F. p. , and tile Cm/ral Trus/ ComjJa")'. oj Nl'71' York •.• trJrjJ und fa"" of N. .Y. .. Trustee unJ mig. or D. of Tnul rn<uk ~ F. p .• Didj.". r·8r. S. p. I_G_-_. ___ <L-G' " Stamp Symbol n.No. .!ndez II~. :(r~J6·Jf~Ud urr I eJft"l If' f _.. . II BLOCK .j .. !'P. ... D .. N .... . 'Y-c/ -..1"'-'. Jft (O.") i --#--~ __ ~~ ____ ~ ______________________ ~ __ , v f'ORM SOA File No. '7 t; J'{) Cj /. --,_._._._------"': .;E-'--.------.----. ----.-.---_.-- -------_. ------.--.--" _______ ~,1LL.. ['"n oa~/~ _uli.t! .. !.'/!.'4!ll.I,l!LnJ.i,!.;f. r:'(!,fJCllilti"d ,tid loy ""'}'(lnl), ,.t' ,':,{ trJ ,Dir£I'/,.,-i (1/ ~d ("IfI,pn_" \;1 ""t! M'It, rtlll" nl.t" .rw",nlltal in,r/, 'fl'(l.r sf!"d (",d T/II "" "ufh •• ";!,' ,I, IM,.{ I1i,""/""s .,' .trl l.inHrnv. _....J ........ ----I ,---------1 - ' ... i . (NORTHET-l:-': ],'AC'f.-'.,: Ul-tli:D. Fnrm]6 .\,: t~_, Whoa, Fp uTld stl ".Act OJ Congo is grcmtl?8 of r.ertn ld ... it' St,"f w. & md to Sp ~ min oj sd Ids in In;.<;! fnr Pud1: tI~-;n ms~d, fltd Jan 1-8/ reed in office (If Ser:tll f!r' !n[('rtor"t Wm.liinglrJn, and whas, it iR providd in fod ml!llllat~s/Htl' at.all 'imes be allioelly to 'leU tmll 'if sd Ida. not bet. appr .used vuIUf!. & "pon :lppflsit of pror.eeas /(lith Sr it rhall rels th, Id so sold & pd/or, from lien of' sd. mtn: and, wha.r:, Fp has Rold Bp the ld hin/~:-dschd f. Ji 01 .'ill ;ntg.jflr price h'i~ spe./d bg not les.! than appraiSed. vaillt opprol1d by Sp, nnd Sp-JlO! rf/'nmr f!orty herptn lnr the /lurl'S of rtit'alfJ ld hb "Ud frm liM qf ,d mill; < If, • F & Spa h,l-lJirtUII of powers.in sd mtll. a~c! i" cons tlf $ f . .' :3 () /" F. J.' cf b.1t it tn ~p pd. Dr>, 9 ~ :: .J r c r: to 'P ha tho folg d ... ld in f{ CO W; (ou,,, .. . Res,vg & ez~pt/J /rm Rd dBCbd prem_ .. sn much & Beh part. thttf IlB nrc or mny hI! mlTlPral M.", or rrm/am r.nal tJr iron !l, also the URI of 6eh 81Jl'fe.c, u,.d as. '''9>:11 be nBtelsarg lor minin!! "pp.ratns &-the! ,-t oj fl,,'·e.~d for {mrps (~r l'.::piorinu dttJeI-. _ , also '. . . . . ,',' " Q Rtrip o~d.eztdn thro the 1m (or 1Ia., f1I.llr1& of sd stril(of Id as may b~r: ;,';1 ;::."/ .'Id dM! P'!'enls) ~q 411"\.1'1. 9QO 110 sa·nf""""-, t ,r /'·or. F'ik..11R or any .nr~~nchtS. III,g,· '. ,I for rl or .1Jl .... 'lh. I of ad ,or any btatrGh hilS bn, or Shdu--cB, IOMt,ed on, or with,in Jt.~., . ':r(i, 300 Jt of, a t:lf oj all eFlc'~mb,.anct.'l .:rept hu:s and tMse.~.'unh Bccrd ."inf!6 _ ~l'k~p f ~lIPOIL the con- , .. """,1, .. %rla : . C. W, hy F. p . .rcpt tax.'f & a'''·'U·,-':S'nts us aforsd. ... have usd these prests to be unler1 with 0".,'" rl'!ll'erlj~lr: r.orp .9I'ab,· NORl'HEIIN PACIFIC RAILROAD COMPANY. . ..- Ry . :;",1../~,/>7 .. L:{/~~Vire-PTi'$lid(ml. AUrll. 0~_~'V (E,:t_L(, Seeg. fEIiTRAL ,/r;sr COMPANY OF A~W YORK (Tn,,/rr, -~ ~ I / By b/~,' ',a-.;. ~ ,;.::.& 2nd VIC2-P",,/, r t, .1/-,,~I 7.·>; 'i' ,,/ Ailed ..... ~k /i / _ I ' I :0( 0 € ~ {io' -I'" _ r;prll -. j. '" I 't 14217 S.E. 12 th Renton, Wn. ,dl-;,~ ~Yf St. QUIT-CLAIM DEED ii/W 1805 F.lve Hundred & Seventy-rhe and 00/100 ($575.00) ( ...., '. . ................................. DoUan througL ... T.b.c:...l..~ ......... property, aDd whiuh is hereiDafter describN, cODvey ......... release ........• and quit- daDD. .. __ to the County of ............. k.,.;?.... . .. State of Washington. for nae ot the Public forner. 85 a public road and hirbwaJ'. all interest. ill the foUowinc' deseribtd real estate, vis.: The W. 42.ft. of tbe W.E.; of tbe W.W.! of tbe W.E.! in sec. 15. Twp. 2JN R. 5 E.W.M •• les. tbe W. 277.5 ft. and les. the E. 135 ft. Conta.lnlng 0.24 Acres more or less. a/w S.E. 128tb St. ( 132nd Ave. S.E. to 16Btb Ave. S.E.) together with the ript to mUe..all nccllUa1')' .elopes for cull and fin. upon. t.be abutting property. aDd on each aide of aid der..ribed npt-of-way, in eonfonaitJ' with standard piau and specifieatiOlUl for highway porpolell. aDd to the same extent and purpoae .. if the richta herein snmted had bem a~ by eondem.a.ation prcceed- . iDp under Eminent Domain alatutes of the State 01 Waahington. oItuate-l in the County of.-................. 1::djP: .................... State of Wuhington. llWd ____ 322 __ ... ____ &1 o1. ...... --.<..-.1..hr.t--.. ------· .. · .... · .... A. D. 19...6y . ~ .. ::~:::=:::::.::::: ... ::: .. ::~~::::::=::: .. : .. :::::= .... :~ .. :=:\~:£~ , .... . l ~-,,----.... -- , .. QUIT-CLAlM DEED . ~. R/W 1805 34 T.L. 4$ The rrantor .... ~ . .henia ........... )!.l~ .. J!§n!lJ!"~J: .. .Ip.fL.B.~.~.ry .~~_O.!.~.kI .......................... _ .......... . ,," •• "II'~' ............... -.......... --_ .............. -...... -.............. -... -..................... -................ , ... __ ................. M ••••• __ .......................... . . liii tho coDlidert.tiau ot ...... $ ... Q9.O.~.O.Q., ...... , .. ".Jl."., .. , .. , .. t .. ,."'.J .. f .• t ......... u' ..... t .• f .................................................. Dollars aa41l1o of beaefitl to aeone to. ..... ~.~.~ ............. b.., reuoa. of lqial out and atabliabin .. a public road • tIzroqh.. .. ~ .. cu..t:"_ ........ propaV. a.a.d which 11 ber,h1after described. ·COD"" ......... relc.lla ........• and quJt- cIiim-._ to the CounI7 'L ................ ~.;, ... ? .............................................. 8ta .. 01 WuhU>ctOll, lor ... 01 the Pohlio forner, u. public road aDd hip..,., aU intereat 1D. tile follawiDe describrd rul fttAte, vii.; Tlie R. 1r2 ft. at tbe R.E.i of tbe N.W.;' of tbe N.w.l of tbe N.E.t in Seo. 15. Twp. 23 N.li. S E.W.H. La.a tbe West 1/2 'lluoof., . Contatning 0.15 Ao~ea mo~e or less. R/W S.E. 128tb St. ( 132nd Ave. S.E. to 168tb Ave. s.E.1 1OpIh .. _ therigll. to ___ a11 Deeeaa.»' Ilopot for outIlIDd !ills upoD ijw abuttiq .... _. end on each lido e/ eeid ~ rigllkf·w&7. in eonIormity with etaDdard pleu ODd epecificatiODllor hishway _ ~1o·th.U1U ezieat uuI purpoae .. it tlte riRhta herem p1IIlted had bHJl acquired by ecmdellm&tioll proceed-iap _ lImiDeu. _ .latu ... 0/ tile Sta .. e/ WaehiD .. .... situated in the CounI7 oL, ..... "".""."A:::;.; .. tR:-""." ..... " ......... State e/ WaehiDgtGD. Doted __ ...:?.:f._ ... .d&y oL ...... £~.""."" ..... " ...... A. D.19_~ ~:. __ ' .. _ ... _" .. ____ ... " ....... _ .. _._I.x.-.91.4:. .... -'L~ ... ' ...... . _ .... "._ ....... _ ......... " _._ ... _" ..... __ ... _ .... _._\~ .. _£.~,tl.~ .. '" ,,' .:,'Ii-" • ,.,:, ".~" \ I I I I \ \ i I , , ., ( .---_. -.- -12 r ... ".,. II 404 Al'ct1e Bldg. QUITCLAIM DEED T.L. 19 R!W 180, 35 t":) ..;. The graator!L . .h .. eiD.. •...•..... R9~!!.r.j; ... ;t;;A_.t..!!.Yl: ••. J.I?!J ... F.Q;r.r.!!.!!t .. Y. ...... w.".UJ.!!!!L........... . ................ . . ~ -~ .~ .................... _ ................ -... _ ...... _ ... -...... -...... -... -.-... -._--.... ·:.. .. ----·-· .. ·-.......... · .. 'o ...... J'!' .. ·····ijl······ .. · '-{ ~ for the 0IlII0iderati0D AI 6.~ .. J.J,./t!P.IwfU .. /lJJJll:Ft-~I:I(r.-4~{'f.-1-g-;tJOUara ....... l!'; ,"--~ iloo of beIlefltli to _e to .............. _ .. J;!J.!!J!A ........... by reaaoJl of I&yiDI oul .nd establishinl • public road throuirh.._ ....... 1;,1;!!!1.!." ........... properl7. ""d ... h1c1i la h.reiDafler deacrib .... COil".)' ........... 1 ........... and quit- e1aIm-.~ to tha CoUDt)' of_ ................... lUJ:lg .......................... .. • •• _0 ••• " •••••••••••••• State of ~ashin8tOD, for use of the Public forever, u a ;abUe road aDd hipwAf, aU interest in the followiDe' des~ribed real estate. vii.: The South 12 tt. ot tha Horth 42 f't. ot the wast 217.5 f't. ot the II.R.t of' the H.W.t of' the H.E.i' in sec. 15. Tvp. 23 II.R. 5 B.W.H. . Containing .09 Acres more or leS8. R/W S.B •. 128tb St. ( 132nd Ave. S.B. to 168tb Ava. S.B.) topthar with t!le riahl to make.aIln_..,. slopes for aule and filIa 1IpOD the abutting property. and on each aide of IBid described ript-of-way. in OOnlonnity with alllDdard piaJIB ""hpeelfieatiOiiS for hip""'" pu_ and to the _e utenl and pnrpoa. as if tbe rlPtIi h ....... _ted bad b .... acquired by .oad_tion proceed- iDp UDder _ ... t Domein statutes of the Stole of 'WaahinllOJl, .. . situated in the County OL ................. .,4:#y. .................. ". Stale of 'WaabiDlloD. Dated this ......... Z!!.. ....... daY ol. .............. 0.4.<-.. A. D.19£'7.':' WlTNBSS, 1 ~ _.-.-..... -......... _.-.......... -...... -..................... -... _ ...... -, -,e~;~-7.: -.-~.;: ~ ... ~ ............. ___ ...... _ ... _. __ ._. ___ ........ _ .. _ ............. _ .... -.\ .. ~tc"""1-~~~ .. ',,:,.-.,.~, -.~-~;.,-'-'-- DEC 161964 !l =><0 •• Id ( WHEN REcOROEV RETURN 10: CERTlACAlE I. 1M 1l:;,j:rsigMd. ~ CIeTk of the City of Renton, Wlclington, c:eftify tIIat this Is a true Office of the .::t~· d.:'rk Renton Munid?~1 DlJl1ding 200 ~\.enul! South Ron A 91S1lfR '" and correct copy ,,!-_..LISJ~:tJ'tp.~ __ _ Subscribed and Seak~~~iafof Q ,. lo-:'.: '" ~ .. :-, .-,C c, ~, _. CIn OF RENTON. WASHINGTON OlWINANCB NO. 4612 AliI ORD:mABCX Oli' '11IB ern' Oli' RENTOIT. 19 SH I 'L-'tOa, BSTABLZSIIIlIIG .lIB ASSESSHBRT DZSTRZCT POll SARI'TAKY SBKD SBRVl:CB m A POlI.TJ:Oli Oli' 'l'BE SOUT.i! lUGBI.lINDS, BBATBEIl D09IlIIS, JIlID JllU>LBWOOO SllB-BASms Al!ID ESTABLZSJ[DiQ TD AIIOID1"l' OJ' THE CHARGE UPON CONJIECTI:ClN TO TIlE FACZLZTZES. THB Cln COUNCIL OF THE CIn OF RENTON, WASHING'l'OlIT, DO ORDAIN AS l'OLLOIfS: SBC'rX0li :t. There is hereby created a Sanitary Sewer Service Special Assessment Distrlct·for the area served by. the Rast Renton Sanitary Sewer Intercepto~ in the northeast quadrant of the eity of Renton and a portion of its urban growth area within , unincorporated King county, which area is more particularly descrilled in Exhibit "A" attached hereto. A map of the service area is attached as Exhillit "B.-The recording of this document is to provide notification of potential connection and interest charges. 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 sol.d or in any other way change hands without triggering th~ requirement, by the City, of payment of the charges associated with this district. SlCTIOJ! U. Persons connecting to the sanitary sewer tacilities in tbis Special. Assessment District and which properties ~ ~ ~ :::: iii iii ~ "" ~ il'l ~ ~ i ~ 5< ~ t:; I :is I ORDlNANCE 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. Eer 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 ~A" and which boundary is shown on the'mz.p attached as Exhibit ~B." $ECTZON ur. In addition to· the aforestated charges, there shall, be a charge of 4.11\ per annum added to the Per unit Charge. 'l'he ,interest charge shall accrue for no more than ten (10) years fram 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, approval, and thirty (30) days after publication'. PASSED BY THE ,CITY COUNCIL this' ~ day of __ ~J~un~e~~~L 1996. City Clerk 2 i , I I · ... ' . . ORDINANCE 4612 APPROVED BY THE MAYOR. this 10th day of __ J~u~n~e ___________ , 1996. JeB~anner, Mayor Appro~as to form: O<~S:W~I2'- Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:S/20/96:as. 3 .• ___ "'"'1ft 4iF , .P. Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DlSmlCT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of Sections 8. 9.10.11.14.15. 16. 17.21 and 22 aD 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. Township 23N. RAnge 5E W.M. lying East of the East right-of-way line of SR-405 and South of the following described line; ~ 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 line of the Southeast JA of said Section 8; 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. lying South and East of the following described line: . . BegInn1ng 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 centerllne of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast JA. of said Section 9; thence East along said South line to its intersection with thecenter1ine of Redmond Avenue NE; thence Northerly along said centerline to lts intersection 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. SeQion 10, Township 23N, Range 5E W.M. All of that portion of Section 10. Township 23N. Range 5E W.M. lying Southerly and Westerly of the following described line: Beginning on the West line of Section 10 at its 1ntersectlon with the North line of the South Y.> of the North lh of said Section 10; thence East along said North line . to its internection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to lts intersection with the North line of the Southeast JA of said Section 10; thence East along said North line to its intersection with the East line of said Section 10 and the tennlnus of said line. I I I . :eX.. . •. it Legal Description of the Special Assessment District for the City u{ Renton -East Renton Interceptor Sectfon 11, Township 23N, Range 5E W.M . ( . All of the Southwest \4 of Section ll. Township 23N. Range 5E W.M.. Section 14, Township 23N, Ran~ 5E W.M •. Page 2 0[3 All of that portion of Section 14. Township 23N. Range 5E. W.M. described as follows: . .. .. . All of the Northwest \4 of said section. together with the Southwest \4 of said section. except the South ~ of the Southeast \4 of said Southwest \4 and exrept the plat of Mcintire Homesites and lh of streets adjacent as recorded in the Book of Plats. Volume 58, Page 82, Records of King County. Washington. and exrept 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 tile Book of Plats. Volwne 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 lh 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 Ac.re Tracts and less lh the street adjacent to said portion of Tract 5. Block 2. , Section 15, Township 23N, Range 5E W.M. All of that portion of Section 15. ToWnship 23N. Range SE. W.M .• except the Southwest \4 of the Southwest 'A of the Southwest \4 of said section. Sectfon 16, Township 23N, Range 5E W.M. All cif that portion of Section 16. Township 23N. Range 5EW.M;. except that portion of the Southeast \4 of the Southeast \4 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 Plats Volume 39. page 39. Records of King County Washington and its Northerly extension to the North line of said Soutileast \4 of the Southeast \4 of the said Section 16 and except that portion of said section lying Southerly of tile Northerly nght-of-way line of SR-169 (Maple Valley Highway). . SectIon 17, Township 23N, Range 5E W.M. ,. All of that portion 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 East 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 i i I j ·.' .- Legal Description of the SpedIll Assessment District . for tk City of Renton -East &nJ.on Tn!ert:eptor Page 3 0[3 between the South line of the NE 3rd Street and the Northeasterly margm 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. An of that portion of Section 22. Township 23N. Range 5E W.M. described as follows: All of the Northwest: JA of the Northeast JA of said Section 22 ~ Northerly of the Southerly line of the Plat of Maplewood Heights as recorded in tlle 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 \4 of the Northeast \4 of satd Section 22. · .... ·Y.' •• J = /' .. --PI ........ /. ; Exhibit B EAST RENTON INTERCEPTOR Special Assessment DistTict Baundary ______ Oty LImits • I ! i [ZT.J.-Zl Sped..! ~nt Distrld i Filed for record at request of, After recordmg, return to HomeStreet Bank Attn Residential Construction 2000 Two Umon Square 601 Umon Street Seattle, WA 98101-2326 Loan Number RC80399-S 20040813002128.001 FILED BY PNWT DEED OFTRUST,SECURITY AGREEMENT6b(,/7l( -~ FIXTURE FILING, AND ASSIGNMENT OF RENTS Gra~:::~:on;~::eH_O_M_ES, INC ~~ Graotee(s): Trustee -,P:.:A..:.:C::IF:..;I:.:Cc..:N.:..W.:..~...:.:.::.=E:..:JIN:...:.::.SURAN=c=.:.C::;E:..C.::.O=:MP=A:.:N:..:.Y.:..-____ _ Beneficwy HOMESTREET BANK o Additional on page __ Legal Description (abbreviated) PORTION NW Y. NE Y. 15-23-5, W M [iii Complete legal on EXHIBIT A Assessor's Tax Parcel Identification No(s): 152305-9019-01, 152305-9045-09, 152305-9033-03, 152305-9047-07, 152305-9148-05 Reference Nos. of Documents Released or Assigned: Not Applicable Th,s Deed of Trust IS a SecurIty Agreement and Fmancmg Statement under Article 9 of the Uniform CommercIal Code. WIth GrantorlTrustor as Debtor and GranteeiBeneficuoy as Secured Party THIS TRUST DEED, SECURITY AGREEMENT, FIXTURE FILING, AND ASSIGNMENT OF RENTS (the "Deed of Trust") dated August Jl...., 2004, IS made by and among NORRIS HOMES, INC, a Washmgton Corporation (collectively, Ifmore than one mdlvldual or entity, the "Grantor"), whose address IS 10516 172nd Court SE, Renton, WA 98059, PACIFIC NWTITLE INSURANCE COMPANY (the "Trustee,,), whose address IS 215 Columbia Street, Seattle, WA 98104, and HOMESTREET BANK, a Washmgton state chartered savmgs bank, (the "Beneficiary',), whose address IS 2000 Two Umon Square, 601 Umon Street, Seattle, Washmgton 98101-2326 Grantor IS also referred to herem as "BolTtIWer" and Beneficiluy as "Lender" Deed o/Trust N14J368 JOO)}·6 3J2v{)J I doc 81512004 page I RevIsed February 2000 20040813002128.002 . ARTICLE 1 GRANT IN TRUST AND SECURED OBLIGATIONS 1.1 Grant in Trust For good and valuable consideratIon, the receipt and sufficiency of which IS hereby acknowledged, and for the purpose of secimng payment and performanCe of the Secured OblIgatIons defined and described m SectIon I 2 for the benefit of Lender, Borrower hereby Irrevocably and uncondrttonally grants, transfers, bargatns, conveys and asSIgns to Trustee, m trust, WIth power of sale and right of entry and possessIon, and grants a securtty mterest m, all estate, nght, trtle and mterest that Borrower now has or may later acquire m and to the followmg property (all or any part of such property, or any mterest m all or any part of rt, as the context may requIre, the "Collateral"), whtch. Collateral IS not used pnnclpally or pnmanly for agncultural or farnl1ng purposes 1.1.1 Land, Appurtenances, Easements. That certam real property and a1lmterests therein located m PIerce County, Washington, more partIcularly described m EXHIBIT A attached hereto and IDCOrpOrated herem by thIS reference, together WIth all eXlStmg and future easements, access rights, appurtenances, prtvdcgcs, hccnses, heredttaments, franchISes and tenements, mcludmg a1llDlDcrals, od, gas, and other commercIally valuable substances that may be m, under or produced from any part of It (collectIvely, the "Land,,), 1.1.2 Improvements. All bUlldmgs, structures, and Improvements now located or later to be constructed on the Land (the "Improvements,,), 1.1.3 Related Real Property and Improvements. All real property and Improvements on It, and all appurtenances and other property and mterests of any kmd or character, whether descnbed m ExHIBIT A or not, that may be reasonably necessary or deSIrable to promote the present and any reasonable future benefiCIal use and ellJoyment of the Land and Improvements, 1.1.4 Leases and Licenses. All eXlstmg and future leases, subleases, subtenanCIes, ltcenses, occupancy agreements, and concessIons ("Leases") relattng to the use and enjoyment of all or any part of the Project (defined below), and any and all depOSIts, guarantIes and other agreements relatmg to or made m connectton WIth any of the Leases, 1.1.5 Goods, Materials, Fixtures, Etc. All goods, matenals, supphes, chattels, furmture, apphances, furnlshmgs, fixtures, equipment, mventory, general mtImglbles, and machmery now or later to be attached to, placed m or on, or used m connectton WIth the use, enjoyment, occupancy or operatIon of all or any part of the ProJect, whether stored on the Land or elsewhere, all of whIch shall be consIdered to the fulleSt extent of the law to be real property for purposes of tillS Deed of Trust, 1.1.6 Construction Materials and Equipment. All bUlldmg matertals, equIpment, work ID process or other personal property of any kmd, whether Stored on the Land or elsewhere, that have been or later WIll be acqUIred for the purpose of bemg dehvered to, mcorporated mto, or mstalled 10 or about the Land or Improvements, 1.1.7 Borrower Funds. All of Borrower's mterest 10 and to the proceeds of the Secured Obhgattons (defined below), whether dIsbursed or not, all present and future monetary depOSIts gIven by Borrower to any pubhc or pnvate utthty WIth respect to utthty servIces furnIshed to the Land or Improvements, and all accounts mamtamed by Borrower WIth Lender or any subSIdIary or affihate of Lender, includmg, wrthout Itmltatton, any accounts establtshed m connectIon WIth the Secured OblIgatIons, Deed o/Trust page 2 N141361i 10011·6 3/1,.011 doc 81512004 20040813002128.003 1.1.8· Rent, Issues, and Profits All mcome, rents, secunty or sImIlar depOSIts, revenues, ISSUes, royaltIes, profits, leases, earnmgs, products and proceeds of the Land or Improvements, mcludmg, without limItatIOn, all rights to the payment of money, accounts, accounts receIVable, reserves, deferred payments, refunds, cost savmgs, IDsurance or condemnation proceeds, payments and depOSIts, and any proceeds from the sale· of any lots compnsmg the Land and any Umts, and any depOSits on account thereof(collectlvely, the "Rents, Issues and Profits,,), 1.1.9 Contracts and Plans. All construction contracts and subcontracts, consultmg agreements, financmg commItments and agreements, Jomt development agreements, service and mamtenance agreements, marketmg and hstmg agreements, lot reservatIon agreements, purchase and sale agreements, and other eXlstmg and future contracts relatmg to the ProJect, together WIth all depOSits, escrows, payments, or other proceeds thereunder, and all plans and specificatIOns for the constructIOn of the Improvements (the "Plans"), 1.1.10 Miscellaneous Personal Property. Any and all personal property of any kmd whatsoever, whether tangible or mtanglble, that IS used or will be used m construction of, or IS or Will be placed upon or IS derIVed from or used m any connection WIth the use, occupancy or enjoyment of, the Land or Improvements, 1.1.11 Books and Records All books and records pertammg to any and all of the property deSCribed above, mcludmg records stored on computer readable medIa, and a hmlted subhcense to use the computer hardware or software necessary to access such records ("Books and Records"), 1.1.13 Rights Under Condominium Laws All of Borrower's nght, title and mterest m and to any and all unIts, declarant nghts, and any other rights relatmg to the· Land or the Improvements, whether now exlstmg or subsequently arlsmg, under any and all laws now eXlstmg or later enacted relating to condommlUms, 1.1.14 Additional Property. Any addItional personal property othefWIse set forth herem or listed on any UCC-I financmg statement filed to perfect Lender's secUrIty mterest hereunder, and 1.1.15 Proceeds All proceeds of, addItions and accretions to, substItutions and replacements for, and changes m any of the property descnbed above The Land, Improvements, related real property, and all personal property now orhereafter Installed on or used m connectIon WIth the Land and/or Improvements are collectJvely referred to herem as the "ProJect." The Project constitutes the bulk of, but not the entirety of, the Collateral 1.2 Secured Obligutions. Borrower makes the grant, conveyance, transfer and assIgnment. set forth In Section I I and grants the secunty Interest set forth m SectIOn 2 I for the purpose of securmg the follownig obhgattons (the "Secured Obligations") m any order of pnonty that Lender may choose 1.2.1 Promissory Note. Payment of all obligations at any time owmg under: that certam Adjustable Rate PromIssory Note payable by Borrower, as maker, to the order of Lender, executed concurrently herewith (the Note), eVidenCing a loan from Lender to Borrower m the maxImum outstandmg pnnclpal amount of THREE MILLION EIGHT HUNDRED TWENTY-FIVE THOUSAND AND 001100 Dollars, ($3,825,000 00) (the "Loan,,), together with mterestthereon at a variable rate and any moddicatJons, extensIons or renewals thereof, whether or not any such modIfication, extension or renewal IS evidenced by a new or addllional promIssory note or notes Deed of Trust page) NUJ368 10011-6 312wOl' """ 81S/]OIU 20040813002126.004 The Note WIll mature In eighteen months from the dateoffundmg, unless accelerated or extended pursuant to the terms of the Note 1.2.2 Loan Documents. Payment and/or performance of each and every other obligallon of Borrower under the Note, thiS Deed of Trust, any construction or land loan agreement executed m conJunctJon therewIth (the "Loan Agreement"), all other documents eVIdenCing, secunng, or otherwtse governing the Loan (specifically excludmg, however, for purposes of estabhshmg the Secured Obhgatlons, any obhgatJons of borrower ansmg solely lIDder any guaranty of the Secured Obhgattons or any mdemruty agreement that by Its terms IS not secured hereby), and any and all amendnients, modifications, and supplements thereto (the "Loan Documents"), the proVISions of which are mcorporated herem by tillS reference, 1.2.3 Related Loan Docnments. Payment andlor performance of each covenant and obhgatlon to be performed pursuant to any and a1lloalt documents (the "Related Loan Documents") that have been or may be executed by Borrower or related entmes owned or controlled by, or lIDder common ownershiP or control by Borrower, collectJvely, tIte "Affiliates" securmg one or more present or future loans byLender or Its affihates to Borrower or Its Affihates (collectIvely, the "Related Loans"), whether now eXistIng or made In the future, together With any and all modlficattons, extensions and reneWals thereof, proVided, however, that nothmg contauied herem shall be construed as Imposmg an obhgatlon upon Lender, or as evldencmg Lender's mtentlon, to make any Related Loan to Borrower, or any Affihate' 1.2.4 Future Obligations. Payment to Lender of all future advances, mdebtedness and further sums andlor performance of such further obhgatlons as Borrower or the then record owner of the Project or the then owner of the balance of the Collateral may undertake to pay andlor perform (whether as prmclpal, surety, or guarantor) for the benefit of Lender, Its successors or asSignS, when such borrowmg andlor obligations are evidenced by a written mstrument reciting that It or they are secured by thiS Deed of Trust, and 1.2.5 Modifications and Amendments. Payment and performance of all modifications, amendments, extenSIOns, and renewals, however eVidenced, of any of the Secured Obhgattons All persons who may have or acquire an mterest m all or any part of the Collateral will be conSIdered to have notice of, and WIll be bound by, the terms of the Secured Obhgatlons and each other agreement or mstrument made or entered mto ID connection wIth each of the Secured ObhgatlOns ARTICLE 2 SECuruITYAGREEMENT 2.1 Grant ofSecutity Interest. This Deed of Trust creates a hen on the Collateral, and constJtutes an absolute assignment of the Rents, Issues and Profits and of the Leases, all In favor of Lender To the extent that any part of the Collateral or Rents, Issues and Profits and Leases may be, or are determmed to be, personal property, Borrower, as debtor, hereby grants to Lender, as secured party, 8 secunty IDterest In such part of the Collateral and Rents, Issues and Profits and Leases as IS determmed to Deed of Trust page 4 RI41368 10011-6 312,.olldQc &/512004 20040813002128.005 be personal property, to secure payment and performance of the Secured ObhgatlOns As to such personal property, thiS Deed of Trust constrtutes a secunty agreement under the Uniform Commerctal Code of the state m which the Project IS located (the "Project State") 2.2 . Perfection ofSecnrity Interest. Borrower hereby autbonzes Lender to file one or more financmg statements, contmuatlon statements, financmg statement amendments, and such other documents as Lender may from time to tlme reqUire to perfect and contmue the perfectlon of Lender's secunty mterest 1D any part of the Collateral or the Rents, Issues and Profits and Leases Borrower shall pay all fees and cosis that Lender may mcur m filing such documents m pub\tc offices and 1D obtammg such record searches as Lender may reasonably require If any financmg statement or other document IS filed m the records normally pertammg to personal property, that filmg shall not be construed as m any way derogatlng from or Impalfmg the declaratIOn and the stated mtentlon of the parties hereto that the Collateral and all components thereof are, to the m31umum extent pOSSible, real property or otherwise Imprur the nghts or obhgattons of the parties under thiS Deed of Trust 2.3 Fixture Filing This Deed of Trust constttutes a financmg statement filed as a fixture filmg under the Umform Commercial Code 1D effect m the Project State, as amended or recodIfied from time to time, covenng any part of the Collateral that now IS or later may become fixtures attached to the Land or Improvements 2.4 Nature of CoUateraI. Borrower and Lender agree that the filmg of a financmg statement In the records havmg to dowlth personal property shall never be construed as In any way derogattng from or Impamng the declaration and the stated mtentlon of the parties hereto that the Collateral and all components thereof are, to the maximum extent poSSible, real property, subject to Lender's nght on default to exerCise, m any manner permitted by apphcable law, those remedies (a) avatlable to Lender undertlus Deed of Trust, (b) avrulable to Lender as a secured party under the proVISIons of the UCC, or (c) otherwise proVided for by law or available m equity Whenever Lender's secunty shall be deemed to Include personal property, Lender shall be entttled to foreclose agamst such property m connectton With and as a part of any JUdiCIal or nonjudiCial proceedmg agamst the real property secured hereby, the parnes hereby acknowledgmg that such foreclosure constttutes a cOmmercially reasonable method of sellmg such property, or, m Lender's sole dlscretton and as permItted by apphcable law, to pursue any and all other remedies afforded a secured party under the VCC or other applIcable law In case of a default hereunder, Borrower agrees to assemble all such property and make It avatlable to the Trustee or Lender as secured party at a place to be deSignated by such party that IS reasonably convement to all parnes 3.1 Assignment of Rents. ARTICLE 3 ASSIGNMENTS 3.1.1 Assignment. Borrower hereby Irrevocably, presently, absolutely and uncondloonally assigns and transfers to Lender (a) the Rents, Issues and Profits, whether now due, past due, or to become due, together With the right, power and authonty to collect the same, (b) all Leases by or through Borrower as lessor, written or oral, now m eXIstence or hereafter ansmg, and any and all extensions or renewals thereof, together WIth the nght, power and autboflty of Borrower to alter, modify or change the terms thereof or surrender, cancel or term mate the same, and (c) any and all guarantees of Deed afTrust 1141368 10011-0 3/ZwOl'doc 81511001 page 5 20040813002128.006 any obhgatlons of any lessee under each of the LeaSes (a "Lessee") The assignments 10 tillS Section are absolute assIgnments and Irrevocable from Borrower to Lender and not merely the passmg of SecurIty mtereSts or assignments for securrty only 3.1.2 Grant of License. Lender hereby confers upon Borrower a hcense ("License") to collect and retain the Rents, Issues and Profits as they become due and payable, and to admintster the Leases, so long as no Event of Default, as defined 10 Section 6 I, shall eXist and be contmumg If an Event of Default has occurred and IS contmUlng, such License shaH terminate wIthout nonce to or demand upon Borrower, Without regard to the adequacy of Lender's Security under thiS Deed of Trust 3.1.3 Collection and Application ofRen1S, Issues and Profits. Subject to the License granted to Borrower under SectIon 3 1 2, Lender has the nght, power, and authOrity to collect any and all Rents, Issues and Profits and admInister the Leases Borrower hereby appoints Lender rts attorney-m-fact, coupled WIth an mterest, to, at such tlDles as Lender may choose 10 Its sole discretIOn (a) demand, receive and enforce payment of any and all Rents, Issues and Profits, (b) gIve receIpts, releases and satisfactIOns for any and all Rents, Issues and Profits, or (c) sue either in the name of Borrower and/or m the name of Lender for any and all Rents, Issues and Profits Lender's right to the Rents, Issues and Profits does not depend on whether or not Lender takes possessIOn of the Project as perm Itted hereunder 3.1.4 Lender Not Responsible. Under no ClTcumstances shall Lender have any duty to produce Rents, Issues and Profits from the Project Regardless of whether or not Lender, m person or by agent, takes actual possessIon of the Project, Lender IS not and shall not be deemed to be (a) a "mortgagee m possession" for any purpose, (b) responsible for perfornllng any of the obhganons of the lessor under any Lease, (c) responsIble for any waste committed by Lessees or any other parties, any dangerous or defecnve condrtlon of the Project, or any neghgence m the management, upkeep, repatr or control of the Project, or (d) hable m any manner for the Project or the use, occupancy, enjoyment Or operation of all or any part of It, except for such matters as may anse from the Willful mISCOnduct and bad farth of Lender 3.1.5 Leasing. Borrower shall not lease the Project or any part of It unless penmtted under the Loan Agreement, and then only strictly 10 accordance With the Loan Agreement If any leasmg IS penmtted, Borrower shall not accept any depOSIt or prepayment under any Lease for any rental penod exceedmg one month WIthOut Lender's prtor written consent 3.2 Assignment of Permits, Contracts, and Plans. In addlnon to and WIthout 10 any way derogatmg from the seCurIty 10terest granted Lender tn the Collateral, Borrower hereby asSIgnS, grants, . transfers, and sets over unto Lender, Borrower's nght, ntle, and 10terest tn, to, and under any and all pennlts, approvals, commitments, deSigns, plans, specifications, construction, architectural and engtneer10g contracts, subcontracts, appraisals, hst10g agreements, and any and all other contracts for work product relatmg to development or construction on the Property or any part thereof; together With all amendments, modificatIOns, supplements, reVISions, and addenda thereto heretofore or hereafter prepared or executed (collectIvely, the "Permits, Contracts, and Plans") ·3.2.1 Security for Loan. ThIS assignment IS made as addlnonal secunty for the payment and perfonnance of all of the Secured Obhgatlons 3.2.2 Liabilities. Lender does not assume any obhgatlons or dutIes of Borrower under the Perrmts, Contracts, and Plans unless and until Borrower shall have been gIven wTltten notIce that Deed of Trust page 6 #I4JJ68 1Q()1J-6 312wOl'doc 8/;I2Q()~ 20040813002128.007 Lender IS exercIsing Its right to complete or cause the completion of constructIOn on the Property In accordance With the terms of the Loan Documents If Lender does not dIrectly undertake to complete development or construction of the Property, Lender may asSign sUch Permits, Contracts, and Plans to, and such obligations and duties of Borrower In connection With the Permits, Contracts, and Plans shall be assumed by, the person or entity deSignated by the Lender for the purpose of completing such development or construction, and Lender shall have no babllrty whatsoever for .the performance of any such obligations and duties 3.2.3 Representations and Warranties of Borrower. Borrower represents and warrants to Lender that 3.2.3.1 No Prior Assignments. There have been no pnor assignments of Its . nghts, title, and Interest In, to, and under the Permits, Contracts, and Plans, 3.2.3.2 Authority. Borrower has full power and authonty to assign Its nghts, title, and Interest 10, to, and under the Permits, Contracts, and Plans to Lender and no consents or approvals of any other person or entities are necessary ID order for Borrower to validly execute, dehver, and perform thIS asSignment, 3.2.3.3 No DeCaults or Modifications. All covenants, conditions, and agreements set forth 10 the Permits, Contracts, and Plans have been performed as reqUired as of the date hereof and neither Borrower nor any other party IS ID default thereunder Borrower shall not amend or modify anyof the terms and conditions of the Permits, Contracts, and Plans WithOUt the prior wntten approval of Lender, nor shall Borrower aSSign, transfer, mortgage, or othetWlse conveyor encumber any of Its nghts, litle, or mterest 10, to, or under the Permits, Contracts, and Plans so long as any of Borrower's obligations under the Loan Documents remaID unfulfilled 3.2.4 Attorney-In-Fact. Borrower hereby irrevocably constitutes and appomts Lender as Its attorneY-in-fact, upon the occurrence of any defaults hereunder or under any ofthi: other Loan Documents, to demand, receive, and enforce any and· all of Borrower's nghts under and WIth respect to the Permits, Contracts, and Plans, and to perform any and all acts With respect to the Permits, Contracts, and Plans that Lender deems necessary or desirable with the same force and effect as If performed by Borrower ID the absence of thiS assignment 3.2.5 Assignment Cor Secunty. TIus assignment IS fOT secunty purposes only Lender shall have no Tight pursuant to thiS assignment to enforce Borrower's nghts With respect to the Permits, Contracts, and Plans until Borrower shall be In default under any of rts obhgatlOns to Lender pursuant to thiS Deed of Trust or any of the other Loan Documents On the occurrence "fany such default, Lender, WithOUt effecting any of Its rights or remedies agamst Borrower under any other mstrument, document, or assignment, may exercise Its rights under thiS assignment Or In any other manner permitted by apphcable law, and 10 addition, Lender shall have and posSess, WithOut IUllltatlOn, any and all fightS and remedies of a ,ecured party under the VCC or as otherwise prOVided by law 3.2.6 Indemnity. Borrower shall mdemmfy and hold Lender harmless from and agamst any and all clauns, demands, liabllrtuis, losses, laWSUits, Judgments, damages, costs and expenses, mcludlng, WithOUt limitation, attorneys' fees and costs, to which Lender may be exposed or which Lender may Incur 10 exerclslOg any of Its nghts under thiS assignment Deed o/Trust page 7 #141368 lOOJI·6 3J2>VOJ1doc &/;/.1004 _I 4.1. , ARTICLE 4 ENVIRONMENTAL AND ACCESS LAWS Definitions. The followmg tenns shall have the meanings specIfied below 20040813002128.008 4.1.1 "Access Laws" means the FaIr Housing Act of 1968 as amended, the Amencans WIth DIsabilITIes Act of 1990 as amended, all government and pnvate covenants, condlttons, and restrlcttons relattng to the Land, building code reqUIrements and laws affectrng the constructton of Improvements on the Land, and all other federal, state and local laws, ordmances, regulattons and rules relating to the constructton, operatIon, and mamtenance of the Improvements on the Land and the markettng and use of such Improvements In a non-dlscrlmmatory manner 4.1.2 "Affected Property" means any real property adjacent to Or near the Project, the use ofwhtch could reasonably cause contaminatton of the Project, or whIch could become contammated WIth Hazardous Substances as a result of constructton, OperatIOns Or other actIvlt1es mvolvmg Hazardous Substances on, under, or over the Land 4.1.3 "Environmental Laws" meanS all federal, state and local laws, statutes, codes, ordmances, regulations, judgments, orders, injunctions, decrees, covenants, restrictIons and standards presently m effect or that may be promulgated m the future relatrng to the use, release, handhng, storage, transportatIon, clean-up, or other dISposal of Hazardous Substances, or relatrng to the water quality, aIr quahty, solis quality, and other envITonmental quahty of real property and Improvements constructed upon real property, as such laws and ordmances may be amended from time to tIme. 4.1.4 "Environmental Reports" means the solis, geol<>glc, and engmeenng reports prepared to assess any envIronmental nsks assocIated WIth the Project or otheTWIse reqUIred by Lender 4.1.5 "Hazardous Substances" means any waste, pollutants, contammants, petroleum or petroleum product, asbestos, tremohte, anthophyhte or actlnohte, polychlorinated biphenyls, or other chelmcal, substance, or matenal that (I) after release mto the environment and upon exposure, mgestlon, lOhulatlOn, or aSSImIlation, eIther dITectly from the enVIronment or lOdrrectly by ingestIOn through food chams, WIll or may reasonably be antlClpated to cause death, dIsease, behaVIor abnonnahtles, cancer and/or genetic abnonnahtles, or (II) IS now or at any time In the future becomes regulated under, or IS defined, claSSIfied or deSIgnated as hazardous, toXIC, radIOactive or dangerous, or other srrmlar term or category under any EnVironmental Laws 4.2 Representations and Warranties. Borrower makes the follOWing representations and warranties to Lender . 4.2.1 EnviroumentaI Laws. Except for any contarmnatlOn or envIronmental condition that may be dIsclosed m any envIronmental reports obtained by Lender pnor to the date hereof or that has otherwIse been dISclosed m WrIting by Borrower to Lender, Borrower has no knowledge of (I) the presence of any Hazardous Substances on the Project, including all personal property located on the Land, the soli and the groundwater on or under the Land, 11lcludmg any streams crossmg or abuttmg the Land, and the aqUIfer underlymg the Land, (I) any spIlls, releases, dIscharges or disposal of Hazardous Substances that have occurred or are presently occurnng on or mto the Project or the Affected Property, and (111) any fllllure of the Project to comply fully WIth all applicable EnVIronmental Laws To the best of Borrower's knowledge, Borrower's Intended uses of the Project, including bur not hmrted to Deed of Trust page 8 NU]J68 ]0011·6 J]2w()] , doc 81512004 ----------------------------------------~ 20040813002128.009 ! , the unprovements and matenalsto be constructed and InstalJed on and In the Project and the wolk method for accomphshmg such constructton, comply fully Wlth all EnvIrOnmental Laws 4.2.2 Access Laws.· Except for any non-comphance that has been dIsclosed In wrltmg by Borrower to Lender, Borrower has no knowledge of any fllliure of the Project or the plans and specificatIOns for Improvements on the Project to comply fully Wlth all apphcable Access Laws To the best ofBorrower'sIcnowledge, Borrower's Intended uses of the Project, including but not limIted to the Improvements and matenals to be constructed and Installed on and In the Project, the work method for accomplishing such construction, and the plan for marketing the Improvements constructed on the Land comply fully Wlth all Access Laws 4.3. No Waivers of Other Indemnifications Relating to Environmental Condition. Except as set forth herem or In any separate mdemmty agreement executed by Borrower In connection wrth the Loan (I) Borrower has not and will not release or wlllve the liability of any past or current owner, lessee, or operator of the Project, any party who performs wolk on the Project, or any party who may be responSIble for the presence of or removal of Hazardous Substances on or from the Project or the Affected Property, and (II) Borrowel has made no pnor promIses of Indemmficatlon to any party relatmg to the eXIstence or non-exIstence of Hazardous Substances on the Project 4.4. Obligation to Comply with Environmental and Access Laws. Borrower shall construct, keep, and mlllntwn the Collateralm comphance with any and alI laws relatmg to pubhc safety and the conditIon of the envIronment, Including but not hmlted to the EnVIronmental Laws and the Access Laws Borrower covenants that, so long as Borrower ownS any Interest m the ProJect, Borrower and Borrower's agents. contractors, authOrized representatIves, and employees shall not engage m any of the foltoWlng prohIbIted actiVIties, and Borrower shall use dlhgent efforts to assure that Borrower's InVItees and tenants, and such tenanfs employees, agents, and 10Vltees shaIl not (I) cause or permIt any release or discharge of Hazardous MaterIal on the Project other than 10 full comphance WIth all EnVIronmental Laws, (II) cause or penmt any manufactunng, storage, holdIng; handillig, usage, placement, transporting, splll1Og, leak1Og, dlSCharg1Og, or dumping of Hazardous MaterIal In or on any portion of the Project other than In fult compliance With all EnVironmental Laws, (JII) suffer or permit any other act upon or concermng the Project that would result In a VIOlation of any EnVironmental Law or reqUire any alterations or Improvements to be made on the Project under any of the EnVironmental Laws, or (lV) suffer or perrmt any other act upon or concenl1ng the Project that would result 10 a VIolatIOn of any Access Law or reqUire any alteratIOns or unprovements to be made on the Project under any of the Access Laws 4.5. Obligation to Cure Non-Compliance. 4.5.1 If Borrower at any time becomes aware of (I) any Hazardous Substances on or other envIronmental problem or hab,hty wlth respect to the Project or any Affected Property, (II) any faIlure of the Project or the Improvements to comply wrth any of the EnVIronmental Laws, (III) any faIlure of the Project or the Improvements or the market10g efforts and other operations undertaken wrth respect thereto to comply WIth any of the Access Laws, or (IV) any hen, action or notice resultmg from Violation of any Envlfonmental Laws or Access Laws, Borrower shalt Immediately notli)' Lender, and shalt thereafter exercISe due diligence to aseertlUn the scope and nature of such cond,tIon and proVIde all notices that state or federal law may reqUire 4.5.2 If, upon glv10g such notIce or for any other reason, one or more governmental agencIes haVIng appropnate junsdlctlon reqUires removal or treatment of Hazardous Substances from or Deed of Trust page 9 #141368 10011-6 312...01' doc 81512001 20040813002128.010 i , on the Project or the makmg of a1telatlons to the Project to conform to Access Laws, or such removal, treatment, or alteratton IS requrred by EnVIronmental Laws or Access Laws, Borrower WIll (I) take all aettons that are necessary or deSIrable to cleao up any Hazardous Substances affecting the Project, meludmg removal, treatment, contamment or any other remedIal aetton required to restore the Project to a safe condltton In comphance WIth apphcable laws and regulatIOns, Includmg Environmental Laws, (II) take all aettons that are necessary or deSIrable to modIfy the Project and all Improvements and marketing materials so as to achIeve compliance WIth applicable laws and regulatIons, including Access Laws, andlor (III) attempt, through appropnate legal or admlDlstratlve proceedings, to obtam a stay of enforcement proceedings If Borrower beheves m good fruth that Borrower IS not reqUIred by law to cure such Hazardous Substances cond,tion or to make alterattons to comply wrth Access Laws 4.5.3 Except for removal or treatment of any Hazardous Substances depOSIted on the PrOject by ~nder, Borrower agrees that the amehoratlOn, treatment, containment, or removal of all Hazardous Substances that may be dIscovered on the Project shall be at Borrower's sole expense, . reserving unto Borrower any chums for contnbutIon or tndemnrty that Borrower may have agamst other parties who may be held hable therefor 4.6. Indemnification of Lender. Borrower shall indemnIfy and hold Lender harmless from and agamst any and all clrums, demands, damages, losses, hens, habJ!ltles, penaltIes, fines, laWSUIts and other proceedmgs and costs and expenses (mcludmg attorneys' fees and dIsbursements) that result m actual cost and expense to Lender pnor to any transfer of the Project pursuant to foreclosure proceedings or m heu thereof, and aT1se dIrectly or mdlrectly from or out of, or m any way connected WIth (I) the maccuracy of the. representatIons contamed herem, (II) any actIVItIes on the PrOject durmg Borrower's ownershIp, possessIOn or control of the Project that dIrectly or mdlrectly result In the Project or any Affect~ Property becommg contammated WIth Hazardous Substances, (111) the dIScovery and/or cleao up of Hazardous Substances that were depOSIted on or were exlstmg on the Project pnor to such a transfer or that were deposlt~ on any Affected Property as a result of Borrower's actIons or omISSIons, or (IV) any alleged or actual frulure of any Improvements now or hereafter constructed on the Project to contmuously comply WIth all Access Laws now or hereafter enacted for any reason whatsoever Borrower acknowledges that, as between Borrower and Lender, Borrower wJlI be solely responSIble for all costs and expenses relatmg to the clean up of Hazardous Substances from the PrOject or the clean up of any Hazardous Substances from any Affected Property as a result of Borrower's actions or omIssIons and the modIfication and correctIOn of any of the Improvements constructed on the Project SO as to comply fully WIth all Access Laws ARTICLES RIGHTS AND DUTIES OF THE PARTIES 5.1 Performance of Secured Obligations. Borrower shall promptly pay and perform each Secured ObligatIon In accordance WIth Its terms 5.2 Representations and Warranties. Borrower represents and warrants that, except as prevIously dIsclosed and accepted by Lender In wTlttng 5.2.1 Tide to Land and Improvements. Borrower holds fee SImple title to all of the Land and Improvements, subject only to such exceptIons and encumbrances as have been approved In Deed o/TrtlSI page 10 #UI368 10011-6 312,,01' doc 8/5/2004 20040813002128.011 ( wntmg by Lender (the "Permitted Exceptions"), and Borrower has or will have good tItle to all portions of the Collateral other than the Land and Improvements . 5.2.2 Title to Personal Property. Borrower owns any portion of the Collateral that IS personal property free and clear of any Security agreements, reservatIons of title, or conditional sales contracts, and there IS no financmg statement affectmg such personal property on file m any pubhc office other than m Lender's favor 5.2.3 Right to EncumberlPrionty. Borrower has the full and unhmlted power,nght, and authonty to encumber the Collateral and asSign the Rents, Is~ues and Profits and Leases. Upon recordmg of thiS Deed of Trust and filmg ofa UCC Fmancmg Statement With respect to any portion of the Collateral that IS determmed to be personal property, thIS Deed of Trust, SecUrIty Agreement, and FIxture FIlIng WIll create a first and pnor hen on the Collateral that IS subject and subordmate to no other hens except for the Perm Itted Exceptions 5.2.4 Commercial Purposes The Loan and the other Secured OblIgatIons were obtamed by Borrower and WIll contmue to be used for commercial or busmess purposes, other than agricultural, timber, or grazmg purposes, and not for personal, family or household purposes 5.3 Taxes and Assessments. Borrower shall payor cause to be paid when due, all general real and personal property taxes, speCIal and supplemental real and personal property taxes and assessments, lIcense fees, lIcense taxes, levies, charges, penalties, or other taxes or Similar ImpOSItIons Imposed by any pubhc or quasl-pubhc authonty or UtIlIty company that are or may become a hen upon the Collateral or any portion thereof or mterest therem, or that may cause any decrease m the value of the Collateral or any part of It Borrower shall also pay when due all real property taxes, assessments, levIes and charges Imposed by any publIc authority upon Lender by reason of Its IDterest m the Collateral created hereby All of the foregomg taxes, asSessments and other charges payable by Borrower WIth respect to the Collateral are collectively referred to as the "Imposllions." If requested by Lender, Borrower shall furmsh Lender WIth receIpts from the appropnate taxmg authonty or other proof satisfactory to Lender that all ImpOSItions have been paId on or before the date upon whIch they become dehnquent 5.4 Liens, Charges and Encumbrances. Borrower shall not encumber or permit the encumbrance of the Collateral WIthout Lender's prior wntten consent and Borrower shall Immediately dIscharge any lIen on the Collateral to whIch Lender has not consented m wrrtmg Borrower shall payor cause to be paid when due all obhgatlons secured by or redUCIble to hens and encumbrances that shall now or hereafter encumber or appear to encumber the Collateral or any part thereof, all claIms for work or labor performed, or matenals or supphes furnIshed, ID connection WIth any work upon the Project, whether the hen, charge or encumbrance is or would be sentor or subordmate to thIS Deed of Trust, proVIded, however, that Borrower shall not be ·10 default hereunder due to any such hen, charge, or encumbrance that IS a PermItted ExceptIon Lender hereby expressly reserves the right to advance any and all funds necessary to cure any and all such obhgatlons, and/or claIms 5.5 Required Insnrance Borrower shall keep the followmg IDsurance coverages 1D effect WIth respect to the Collateral (a) budder's nsk msurance agamst loss by flTe and the hazards now or hereafter embraced by the standard "All RIsk" form of Insurance, mcludmg course of constructIon msurance covermg theft ofmatenals, 10 an amount equal at all times to the full msurable value of the Improvements All such msurance coverage shall contam a "replacement cost endorsement" WIthOUt reductIon for deprecIatIon, and shall also contam loss of rents and/or busmess mterruptlon tnsUrance Deed qfTrust page ]J 1141368 IOOIJ·6 312wOIJ doc 81S12004 20040813002128.012 I coverage, a f1uctuatmg value endon.ement WIth a waiver of the co-msurance clause (or an agreed amount endorsement wrth an mflatlon guard endorsement), and shall contam such other endorsements as Lender may reasonably request All such endorsements shall be m form and substance satlsfactory to Lender, (b) comprehensive pubhc lIablbty msurance agaInst claIms for bodily inJury, death or property damage occumng on, m or about the Land of the Improvements In amounts and on terms acceptable to the Lender, (c) flood msurance In an amount satisfactory to Lender and on terms satisfactory to Lender lfthe Land IS located m a deSIgnated flood hazard area, and (d) msurance agamst such sImilar or other hazards, casualties, habIlltles and contingencIes, m such forms· and amounts, as Lender may from tme to tIme reasonably reqUIre Each msurance pobcy shall be WIth a company and m a form acceptable to Lender Each hazard Insurance pohcy shall mclude a Form 438BFU or eqUivalent mortgagee endorsement In . favor of Lender Each bablhty msurance pohcy shall name Lender as an addrtlOnal Insured All reqUired pohCles wIll prOVIde for at least ten (10) days' wntten notlce to Lender pTlor·to the effectlve date of any cancellatIOn or matenal amendment, whIch term shall Include any reduction In the scope or limits of coverage Borrower shall furnIsh to Lender the ongInal of each requIred Insurance pobcy, or a certIfied copy thereof together WIth a certIficate of msurance settmg forth the coverage, the lImIts of hablhty, the carner, the polIcy number and the explratlon date Borrower shall promptly furnish to Lender all renewal notlces relatmg to Insurance pohclCl. Borrower shall pay all premIUms on Insurance polICIes dIrectly to the camer At least thIrty (30) days pnor to the expIratIon date of each such pohcy, Borrower shall furrush to Lender a renewal pobcy m a form acceptable to Lender, together WIth eVidence that the renewal premIum has been p81d As SecurIty for the Secured Obhgatlons, Borrower hereby asSignS to Lender all requIred Insurance pohcles, together WIth all proceeds thereof, nghts thereto and all unearned premiums returnable upon cancellatIon 5.6 Insurance an~ Condemnation Proceeds. 5.6.1 Payment to Lender Borrower hereby absolutely and Irrevocably asSignS to Lender, and authonzes the payoTto pay to Lender, the followmg elrums, causes of action, awards, payments and rIghts to payment, together WIth all mterest that may accrue thereon (collectIvely, the "Claims") 5.6.1.1 CondemnatIon Awards. All awards of damages and all other compensatIOn payable directly or mdll"CctIy because of a condemnatIon, proposed condemnatlon, or takmg for publIc or pTlvate use that affects all or part of the Collateta! or any mterest m It, 5.6.1.2 Warranty Claims. All awards, claIms, and causes of action ansmg out of any warnlnty aifectmg all or any part of the Collateral, or for damage or mJury to or decrease m value of all or part of the Collateral or any mterest In It, and 5.6.1.3 Insurance Proceeds. All proceeds of any msurance pohcles payable because of damage or loss Sustamed to all or part of the Collatera1 5.6.2 Notice to Lender. Borrower shall ImmedIately notify Lender m WTltlng If (I) any damage occurs or any Injury or loss IS sustamed to all or part of the Collateral, whether or not covered by msurance or warranty, or any actIOn or proceedmg relatmg to any such damage, inJury, or loss IS commenced, or (II) any offer IS made, or any action or proceedmg IS commenced, that relates to any actual or proposed condemnation or takmg of all or part of the Collateral 5.6.3 Punuit of Oaims. Borrower shall pursue recovery of all such ClaIms and defend Its TIghts under any proceedmg for condemnatlon of the Collateral or any part thereof and Deed ofTrusl page 12 BUIJ68 IOOIJ-6 Jl2wlJI'doc 8/;/2004 20040813002128.013. prosecute the same With due dlhgence to Its final dlsposllIon, and shall cause any awards or settlements to be p81d over to Lender for dispoSItion pursuant to the tenns of thiS Deed of Trust Lender may, at Lender's opllon and 10 Lender's sole dlscrelIon, as attorney-m-fact for Borrower, make proof of loss and adjUst and compromise any Claims, appear m or prosecute any action or proceedmg to enforce the CI81ms, or partiCipate m any action or proceedmg relating to condemnation or takmg of all or part of the Collateral, and may JOin Borrower m adJust10g any loss covered by 10surance Borrower shall delrver or cause to be delIvered to Lender such mstruments as may be requested by Lender from time to lIme to pennlt Lender to take any such acllons 5.6.4 Application of Proceeds. All proceeds of the Claims that Borrower may recerve or be entitled to receive shall be patd to Lender Lender shall apply any proceeds received by It hereunder first to the payment of the reasonable coSts and expenses mcurred m the collectIOn of the proceeds Lender shall then apply the remaIDIDg balance of such proceeds (the "Net Oaims Proceeds"), m Its absolute discretIOn and WithOUt regard to the adequacy of Its securrty (I) to any of the Secured ObhgatIons, notwlthstandmg the fact that Secured Obhgallons may not be due accordmg to the terms thereof, (11) to reimburse Borrower for the costs ofreconstructmg the Improvements or otherwise repamng or restonng the Collateral, or (lll) to Borrower, prOVided, however, thatlfthe~ are no outstandmg Events of Default under any of the Loan Documents and Borrower establIshes, to Lender's reasonable sat15facll011, that Borrower has suffiCient funds, mcluding the Net CIauns Proceeds, to fully rebuIld or repatr the Collateral wlthm the remammg term of the Loan and WithOUt delaymg the complctlon date of the ProJect, Lender shall make disbursements of the Net Clauns Proceeds for purposes of repatr or restOration of the Collateral 5.6.5 Restoration. If the Net Clatms Proceeds are used to reimburse Borrower for the cost of reconstruction, restoration, or repatr of the Collateral, the Collateral shall be promptly and dIligently restored by Borrower to the eqUivalent of Its condlllon Immediately prior to the casualty or condemnallon In accordance with the Plans or to such other conditIon as Lender may approve 10 wrItmg, and disbursements of such Net Claims Proceeds shall be ID accordance wrth dISbursement procedures acceptable to Lender If, after applymg the Net Clatms Proceeds to the Secured Obhgatlons, Lender reascnably detennmes the remalDmg secunty to be Inadequate to secure the rematnmg Secured Obhgatlons, Borrower shall, upon wntten demand from Lender, repay an atDount that Will reduce the remalDmg Secured OblIgatl.ons to a balance for which adequate securrty IS present 5.7 Maintenance and Preservation 01 the Collateral. Borr.ower covenants_ (a) t.o mamtam and preserve the Collateral m good condition and repair and 10 a prudent busmesshke manner, (b) not to· remove, demohsh or structurally alter the Collateral or any part thereof, or alter, restore or add to the Collateral, or Imtlate or allow any change m any zonmg .or other land use classIficatIOn that affects the Collateral or any part of It, except With Lender's express pnor written consent, and except such alteratIOns as may be reqUired by laws, ordmances, rules, regulations, or orders of governmental authorIties or by the terms hereof, (c) to comply With and not suffer VIOlatIons of any existing and future subdiVISion laws, bUlldmg codes, zonmg laws and regulallons, and other laws, regulations, ordmances, rules, codes, orders, directives, gUldelmes, bUlldmg restrlcllons and requirements of, and all agreements wrth and commItments to, all federal, state, cOunty or muniCipal governmental,Judlclal or legal authontles or agencies havmg JUrIsdiction over the Borrower or the ProJect, !Deludmg those pertammg to the construction, sale, lease, or financmg of the Improvements, and all recorded covenants and restrictions affeCtlDg the Project (the "Requirements"), (d) not t.o commit or penn It any waste to or detenoralI.on of the Collateral, (e) to perfonn all other acts that from the character or use of the Collateral Deed ofTI1lS1 page 13 #141368 1001I-6 312wO/' doc 8/512004 20040813002128.014 may be reasonably necessary to mamtam and preserve Its value, (I) to perform all obhgattons requtred to be performed under the Loan Documents, and all other obhgatlons of Borrower pertammg to the Collateral, and (g) to execute and, where appropnate, acknowledge and dehver such further mstruments as Lender or Trustee may deem necessary or appropnate to preserve, contmue, perfect and enJOY the . securIty proVIded for herem 5.S Defense and Notice of ActioDS; Costs. Borrower shall, WIthout hablhty, cost, or expense to Lender or Trustee, protect, preserve, and defend Borrower's fee mterest m and to the Project and Borrower's mterest m the Collateral, the secunty of thIS Deed of Trust, any addItional or other secunty for the Secured Obhgatlons, and the rIghts or powers of Lender or Trustee hereunder agamst all adverse claims Said protectlon, preservation, and defense sballmclude, but not be hmlted to, proteCtion, preservation and defense agamst all adverse clrumants to and encumbrancers of Borrower's mterest m the Collateral, whether or not such clalDlants or encumbrancers assert an mterest PRramount to that of Lender Borrower shall gIVe Lendel and Trustee prompt notIce m wntmg of the fihng of any such actIon or proceedmg Borrower shall pay all costs, fees, and expenses mcludmg, WIthOUt hmltatlOn, costs of eVIdence oftltle, trustees' fees, and reasonable attorneys' fees paid or mcurred m any actIOn or proceedmg m which Lender andlor Trustee may appear or be made a party, whether or not pursued to final Judgment, and m any exercIse of the power of sale or other remedy contained herem, whether or not such sale IS actually consummated or such other remedy IS actually prosecuted to completIon 5.9 Right ofInspection. Lender, Its agents, employees and representatrves shall have the nght to enter the Project at any reasonable time for the purpose of mspectmg the Project and ascertammg Borrower's comphance WIth the terms hereof, and for such other purposes and m accordance WIth the. terms specIfied m any of the other Loan Documents , 5.10 Actions of Trustee. Trustee accepts thIS trust when thIS Deed ofTruS!, duly executed and acknowledged, becomes a pubhc record as proVIded by law 5.10.1 Compensation. Borrower agrees to pay fees m the maxImum amounts legally pernutted, or reasonable fees as may be charged by Lender and Trustee when the law prOVIdes no maxImum hmlt, for any servIces that Lender or Trustee may render m cormectlOn wrth thiS Deed of Trust Borrower further agrees to payor reImburse Lender for all costs, expenses and other advances that may be mcurred or made by Lender or Trustee m any efforts to enforce any terms of thiS Deed of Trust, whether any laWSUIt IS filed or not, or m defendmg any action or proceedmg ansmg under or relating to thts Deed of Trust, Includmg attorneys' fees and other legal costs, costs of any Foreclosure Sale (as defmed m Section 6 2 8) or bankruptcy proceedmg affectmg the Borrower or the Collateral, and any cost of evidence of title 5.10.2 Exculpation. Lender shall not be directly or mdlrectly bable to Borrower or any other person as a consequence of (I) Lender's exercIse of or failure to exercIse any fights, remedies, or powers granted to It m thiS Deed of Trust or to perform or discharge any obbgatlon or hablhty of Borrower under any agreement related to the Collateral or under thIS Deed of Trust, or (11) any loss sus!8lned by Borrower or any third party resultmg from any act or omiSSion of Lender m managmg the ProJect, unless the loss IS caused by the Willful misconduct or gross negbgence of Lender Borrower hereby expressly waives and releases all hablirty of the types descnbed above, and agrees that no such babllity shall be asserted agrunst or Imposed upon Lender 5.10.3 Indemnification Borrower agrees to mdemmfy Trustee and Lender agrunst and hold each of them and their respectIVe officers, employees, agents, and representatives, harmless from Deed a/Trust page 14 Hl41368 101)11·6 JJ2wO/'doc 81$12004 2004081 ~OO% I %11.618 f and agamst any and all losses, damages, lIabilItIes, chums, causes of acbon, Judgments, court costs, attorneys' fees, and other legal expenses, cost of evidence oftrtle, cost of evidence of value, and other costs and expenses that eIther may reasonably suffer or mcur (I) m perfonnmg any act required or pennitted by thiS Deed of Trust or any of the other Loan Documents or by law, (11) because of any fallure of Borrower to perform any of Its Secured ObhgatlOns, or (rn) because of any alleged obhgatlon of or undertakmg by Lender to perfonn" or dIscharge any of the representations, warranties, condrtJons, covenants or other obhgallons m any document relattng to the Collateral other than the Loan Documents This agreement by Borrower to mdemnlfY Trustee and Lender shall survive the release and cancellabon of any or all of the Secured Obhgatlons and the full or parnal release and/or reconveyance OftlllS Deed of Trust 5.10.4 Payment by Borrower. Borrower shall fulfill all oblIgatIons to pay money arlsmg under thiS SectIon ImmedIately upon demand by Trustee or Lender Each such oblIgatIon shaIl be added to, and considered to be part of, the pnnclpal of the Note, and shall bear mterest from the date the oblIgatIon anses at the rate applIcable to the prmclpal balance of the Note, as such rate may be adjusted 5.11 Permitted ActIons. 5.11.1 Releases, ExtenSIOns, Modification, and Additional Security. From tIme to tIme, Lender may perform any of the followmg acts WIthout mcumng any babllIty or gIVmg notIce to any person (I) release any person hable for payment qf any Secured OblIgatIOn, (ll) extend the bme for payment, or otherwIse alter the terms of payment, of any Secured ObhgatlOn, (Ill) accept addlbonal real or personal property of any kmd as secunty for any Secured OblIgatIon, or (IV) alter, substItute, or release all or any portIon of the Collateral 5.11.2 Powers of Trustee. From tIme to tIme when requested to do so by Lender m wntIng, Trustee may perfonn any of the fulloWlng acts wIthout mCUn-IDg any bablhty or glvmg notice to any person and WIthout affecting the personal bablhty of any person for payment or perfonnance of any " of the Secured Obhgatlons (I) consent to the makmg of any plat or map of the Project or any part of It, (11) Jom m grantIng any easement or creatIng any covenant or restrIctIon affectIng the ProJect, (m) Jom 10 any extensIOn, subordmatton, or other agreement affect10g thIS Deed of Trust or the !Jen of It, or (IV) reconvey the Collateral or any part of It WIthout any warranty 5.12" Partial Reconveyance. Upon Borrower's fulfillment of all of the terms and conditIons set forth m the Loan Documents, Lender agrees, at any tIme upon the wrItten request of Borrower, to dIrect Trustee to execute and dehver a partial reconveyance releasmg from the ben of thIS Deed of Trust each of the separate SUbdIVISIon lots that collectIvely constItute the Land (each lot to be released IS heremafter referred to as a "Release Unit', so long as (I) there does not eXIst any uncured default under any of the Loan Documents or any event WhICh, follow1Og notIce and/or the expiratIon of any applIcable cure perIod WIthout a cure, would constJtute an default thereunder, (ll) the Release Umt and the real property remammg subject to the Deed of Trust sball each constitute legal and separately conveyable parcels WIth reasonable and adequate access to pub!Jc streets and uhhl1es, In accordance WIth the Plans, and (lll) Lender recel'ves the release pnce establIshed In the Loan Documents (the "Release Price") and all other amounts It 18 entitled to receive thereunder Except as specIfically proVIded In the Loan Documents, Lender shall not be obhgated to reconvey the ben of the Deed of Trust, m wbole or 10 part, untillt hils receIved payment m full of all amounts due Lender under any of the Loan Documents Lender' 8 acceptance of any payment Or InstructIon to the Trustee to Issue any partIal reconveyance shall not affect Borrower's obbgal1on to repay all amounts that remam OWIng under the Loan Documents or Deed ofTrusl page 15 #14IJ68 10011·6 JI2..ol'doc &1512004 20040813002128.016 the secuTity of thiS Deed of Trust reganilng any Collateral that IS not reconveyed If Lender does not requlI'e satisfaction of all of the conditions set forth In the Loan Agreement before releasmg one or more Release Units, that alone shall not be a W81Ver of such conditions, and Lender reserves the nght to require their satisfactIOn m full before releasmg any further Release Umts from thiS Deed of Trust . 5.13 Full Reeonveyance. When all of the Secured Obligations have been paid m full and there exists no default under any Related Loan, Lender shall request Trustee m wTltmg to reconvey the Collateral, and shall surrender this Deed of Trust and all notes and mstruments eVldencmg the Secured ObligatiOns to Trustee When Trustee receIVes Lender's written request for reconveyance and all reconveyance fees, recordmg fees, or other fees and expenses owmg to It by Borrower hereunder, Trustee shall reconvey the Collateral, or so much of It as IS then held under thIS Deed of Trust, WithOUt warranty to the person or persons legally entitled to It In the reconveyance, the grantee may be described as "the person or persons legally entrtled thereto,» and the recitals of any matters or facts shall be conclUSIVe proof of therr truthfulness Neither Lender nor Trustee shall have any duty to determme the nght of persons clalmmg to be nghtful gnmtees of any reconveyance 5.14 Late Charge. If Borrower commits an Event of Default m the payment of an amount due and payable under thiS Deed of Trust, a late charge as speCified m and measured by the Note may be charged by Lender for the pmpose of defraymg the extra admmlstratlve expenses meldent to handlmg such delmquent payment and the loss of the use of funds resulting from Borrower's non-payment when due Such late charge shall be p8ld Without prejudice to the TIghts of the holder of the Note to collect any other amounts proVided to be p8ld thereunder 5.15 Subrogation. Lender shall be subrogated to the hens of all encumbrances, whether released of record or not, that are discharged tn whole or tn part by Lender m aCf'Ordance WIth thiS Deed of Trust or With the proceeds of the Loan 5.16 Notice of Change. Borrower shall gIve Lender pTlor wntten notice of any cbange m (I) the location of rts place of busmess or Its chief executive office If It bas more than one place of busmess, (II) the location of any of the CollateraJ, mcludmg the Books and Records, and (III) Borrower's name or busmess structure Unless approved by Lender m wTltmg, all Collateral that consists of personal property (other than the Books and Records) Will be located at the Project and all Books and Records Will be located at Borrower's· place of bus mess, Or cInef executIVe office If Borrower has more than one place of bus mess ARTICLE 6 DEFAULTS AND REMEDIES 6.1 Events of Default. The occurrence of any one or more of the followmg shall constitute an "E~ent of Default" 6.1.1 Payment Default. Failure to make any payment or to perfonn an obhgatlon to pay money that anses under the Note or any of the other Loan Documents wlthm 15 days after the date on whIch such payment IS due, except for obhgatlOns due on the expiration of the tenn of the Loan, for which there shall be nO 15 day grace perIOd, 6.1.2 Construction Defaults. Any of the followmg relatmg to construction of the Project (I) The filmg of any mechaniC's hen or any stop notice With respect to the Project that IS not Deed of Trust page 16 NU1368 10011.6 312wIJI'doc 8/$12004 20040813002 128.0 11 bonded against or released upon Borrower's discovery thereof and Wlthm 30 busmess days after fihng, (II) Any matenal fadure m the construcbon and completIOn of the Improvements to comply WIth (a) the Plans, (b) the RequIrements, or (c) the terms of thIS Agreement, If such faIlure IS not cured wlthm 30 days after nobce thereof by Lender, or, If such cure cannot be accomphshed Wltlun such 30-day perIod through the exercISe of dlhgence, the f8llure by Borrower to promptly commence the requIred cure and thereafter to contInue the cure WIth due dIlIgence unol such default IS totally cured, whIch must m any event occur wlthm 90 days after such default, or (Ill) Borrower's fadure to proceed WIth work on the Improvements In a dlhgent and workmanl ike manner If such fatlure IS not cured wlthm 15 days after WrItten nottce thereof by Lender 6.1.3 Unauthorized Transfer. A transfer, purported transfer, or change of ownerslup or control of Borrower In VIolatIOn of Arbcle 1 6.1.4 Insolvency. Borrower, any Guarantor, or any trustee of Borrower or a Guarantor (I) files a petItion m bankruptcy or for an arrangement, reorganIzatIOn, or any other fonn of debtor rehef, or such a petItIon IS filed agamst Borrower or Guarantors or any trustee of Borrower or Guarantor and IS not dISmIssed wlthm 45 days after the date offihng, (11) commences any proceeding for dlssolutJon or hqUldatIon or any such proceedmg IS commenced ag8lnst Borrower or a Guarantor and IS not dlsm ISSed Wlthm 45 days after the date of commencement, or (lll) makes an assIgnment of all or substantIally all of Its assets for the benefit of Its credItors 6.1.5 AppoiDtment of Receiver A decree or order IS entered for the apPointment of a trustee, receIver, or liqUIdator for Borrower or a Guarantor or any of the Collateral, and such decree or order IS not vacated wlthm 45 days after the date of entry 6.1.6 MODey JDdgment. A fmalJudgment, order or decree for the paym'eDt of money shall be rendered agamst Borrower or any Guarantor, and Borrower or such Guarantor shan not satIsfy and pay the same or cause It to be dl~charged wlthm 30 days from the entry thereof, or shall not appeal therefrom and secure a stay of execubon pendmg such appeal, or there 15 an attachment, executIOn, or other JUdICIal seIzure of any portIOn of Borrower's assets and such seIZUre IS not dIscharged Or bonded agamst to Lender's reasonable satIsfactIon wlthm 30 days 6.1.1 Misrepresentation. Any WrItten representatIOn or dIsclosure made to Lender by Borrower proves to be materIally fal~ or mlsleadmg when made, whether or not that wntten representatIOn or dIsclosure IS controned herem 6.1.8 Security Impaired. There IS an unmsured casualty WIth respect to any matenal portIon of the Collateral and Borrower f8lls to ImmedIately repaIr sucb damage, Borrower falls to satJsfy the condItIOns set forth In the Deed of Trust for the release of msurance proceeds or any condemnatIon award, or, whether or nO{Lender has receIved and applIed msurance proceeds or any condemnatIon award to the Secured ObligatIons m accordance WIth the Deed of Trust, Lender reasonably determmes that Its SecurIty IS ImpaIred by such casualty. or condemnabon and Borrower f8lls to ImmedIately depOSIt In Borrower'.s Account an amount determmed by Lender as necessary to restore such secunty 6.1.9 Defaults Under Agreements with ThIrd Parties. Borrower defaults m the performance of any matenal covenant under any pennltted financmg related to the Project, or under any sales agreement, lease, or other mstrument assIgned to Lender as secUrIty for the Loan 6.1.10 Other Defanlts Under Loan Documents. Borrower fads to perform any other covenant, agreement, or oblIgatIon under any of the Loan Documents, mcludmg the faIlure to proVIde any Deed o/Trust page 17 N141368 10011·6 312wOJ1doc 8/5/Z004 20040813002128.018 reports required to be provided to Lender, If such default IS not cured Wlthm 30 days after wntten nonce thereof by Lender (or such otherpellod as may otherWIse be specified herem or m the Loan Document under which such default arISes) . 6.1.11 Default Under Related Loan Documents. An Event of Default occurs as dermed m and arISIng under any Related Loan Documents 6.2 Rights and Remedies. At any time after the occurrence of an Event of Default hereunder, Lender and/or Trustee shall have all of the TIghts and remedies desCTIbed below, 10 add,non to any other nghts and remedies of Lender under the Loan Agreement, the other Loan Documents, or the Related Loan Documents To the fullest extent permrtted by law, all of such TIghts and remedies shall be cumulative and the exercise of any one or more of them shall not constitute an elecnon of remedies 6.2.1 Receiver. Without regard to the then-current value of the Collateral or the mterest of Borrower therein, Lender may apply to any court havmgjunsdlct!on to appomt a receIVer for the Collateral or any pornon thereof, and Borrower hereby Irrevocably consents to the appomtment of a receiver upon such Event of Default Any such receiver shall have the usual powers and duties of receiVers m like or similar cases and all the powers and duties of Lender set forth m th,S Deed of Trust or any of the other Loan Documents Employment by Lender shall not dlsqualdy a person from serving as receiver 6.2.2 Cure; Protection of Security. With or Without notice, and WIthout releasmg Borrower from any obhgatlon hereunder, Lender may (but shall not be obhgated to) cure any breach or default of Borrower, and, 1f It chooses to do so m connectIOn With any such cure, do any and all other thmgs that It may m Its sole d,scretton conSider necessary and appropnate to protect the securIty of thIS Deed ofTrus! 6.2.3 Entry. Lender, m person, by agent, or by court-appomted receIVer, With or . Without brmgmg any action or proceedmg, may termmate Borrower's TIght and hcense to collect the Rents, Issues and Profits and to admlDlster the Leases, and enter, take possessIOn of, coinplete construction on, manage and.operate, and lease or sell, all or any part of the Collateral, and may also do any and all otherthmgs m connection WIth those acnons that Lender may m Its sole dIscretion conSIder necessary or appropnate to protect the secunty of thIS Deed of Trust or that are otherwise perm rtted to be taken or conducted by Lender under the Loan Agreement If Lender so requests. Borrower shall assemble any Collateral that has been removed from the PrOject and make all of It avrulable to Lender at the Project site The enteTlng upon and takmg possessIon of the Project, the collectJon of the Rents, Issues and Profits and the apphcatIon thereof as aforesaId, or any of such acts, shall not cure or waive any default or notice of default hereunder or mvalldate any other right or remedy that Lender may have m response to such default or pursuant to such nonce and, notwrthstandmg the connnued possessIOn of the Project or the collectIOn, receIpt, and application of the Rents, Issues and Profits by Lender, Trustee, or Lender's receIver or agent, Trustee or Lender shall be entitled to exercise every nght prOVIded for m any of the Loan Documents or by law upon the occurrence of any Event of Default 6.2.4 Uniform Commercial Code Remedies. W,th respect to all or any part of the Collateral that constitutes personal property, Lender shall have all of, and may exercise any or all of, the nghts and remed,es of a secured party under the Umform Commercial Code m effect m the Project State_ 6.2.5 Judicial Acnon. Lender may commence and mamtam an acnon or actions In any court of competent Jurisdiction to foreclose th,S Instrument as a mortgage or to obtaUl speCific Deed of Trust page 18 #141368 10011-6 312..olldOc &151.1004 20040813002128.~ enforcement of the covenants of Borrower hereunder, and Borrower agrees that such covenants shall be specifically enforceable by IOJunction or any other appropnate eqUitable remedy and that Borrower . waIVes the defense of laches and any apphcable statute ofhmltatJons If thiS Deed of Trust IS foreclosed by JudiCial actIOn, and the Collateral sold at a foreclosure sale, the purchaser may,. durmg any redemption period allowed, make such repairs or alterations on the Land as may be reasonably necessary for the proper operatIon, care, preservatIOn, protectIon and msunng thereof Any sums so p8.1d together WIth mterest thereon from the time of such expendIture at the lesser of the default rate under the Note, or the maxunum rate permItted by law, shall be added to and become a part of the amount reqUIred to be p8.1d for redemption from such sale In addItion, Lender WIll be entitled to a Judgment provldmg that, If the foreclosure sale proceeds are msufficlent to satisfY the Judgment, execution may Issue for the defiCIency 6.2.6 RealizatiOD OD Security. Lender may resort to and reahze upon or wruve thc secunty hereunder and any other SecurIty now or hereafter held by Lender 10 such order and manner as Trustee and Lender or eether of them may, m theIr sole discretion, determme, which resort to such Security may be taken concurrently or successIvely and m one or several consolIdated or mdependent JudiCial actIons or lawfully taken nOD-JudICIal proceedmgs, or both 6.2.7 Power of Sale. Lender may execute a written nottce of such Event of Default and of Its elecnon to mvoke thiS power of sale to cause all or part of the Collateral to be sold to sattsfY the Secured OblIgations Under thIS power of sale, Lender shall have the dIscretionary nght to cause some or all of the Collateral, mcludmg any Collateral property that constrtutes personal property, to be sold or otherwise dJsposed of 10 any com bmatton and m any marmer perltlltted by applIcable law 6.2.7.1 Sales ofPersoDal Property. For purposes oftIus power of sale, Lender may elect to treat as personal property any Collateral property that IS mtanglble or that can be severed from the Land or Improvements WIthout causmg structural damage If It chooses to do so, Lender may dispose of any personal property separately from the sale of real property, m any manner permitted by the Urilform CommercIal Code ni effect m the Project State, mcludmg any pubbc or pnvate sale, or 10 any manner permItted by any other appbcable law Any proceeds of any such dlsposrtlon shall not cure any Event ofDefauit or remstate any Secured OblIgation 6.2.7.2 Trustee's Sales of Real Property or Mixed Collateral Lender may also choose to dispose of some or all of the Collateral that consIsts solely of real property ID any manner then penOltted by applIcable law In Its dlscretton, Lender may also or alternatlVcly choose to dIspose of some 01 a.11 of the Collateral 10 any combmatIon conslstmg of both real and personal property, together m one sale to be held 10 accordance With the law and procedures applIcable to real property, If and as permitted 10 the Project State Borrower agrees that such a sale ofpers<inal property co1!$tltutes a commercially reasonable sale of the personal property For purposes oflhls power of sale, eltlier a sale of real property alone, or a sale of both real and personal property together, WIll sometimes be referred to as a "Trustee's Sale" 6.2.7.3 Trustee'S Sale Procedures. Before any Trustee's Sale, Lender or Trustee shall gIve and record such notIce of default and electton to sell as may then be reqUIred by law When all legally mandated ttmepenods have elapsed, Trustee shall sell the property hemg sold at a publIc auction to be held at the time and place speCIfied 10 the notIce of sale, and Lender may unpose such tenns and condItions of sale as are pennltted or allowed by applIcable law From tIme to tIme 10 accordance WIth then applIcable law, Trustee may, and m any event at Lender's request shall, conttnue any Trustee's Sale by publIc announcement at the bme and place Deed a/Trust page /9 #/4JJ68 !OOJl-fi 312wO!' doc 81512{){)4 20040813002128.020 scheduled for that sale, or may, m Its discretIOn, give a new notice of sale Also, Lender may from time to time discontinue or rescmd any notice of default or notIce of sale before any Trustee's Sale as provided above, by executmg and dellvenng to Trustee a wntten notIce of such discontInuance or resCIssion The exercise by Lender of such nght of rescisSIOn shall not . constitute a waiver of any breach or default then existing or subsequently occumng, or Impalf the right of Lender to execute and deliver to Trustee, as above proVided, other declarations or notices of default to satisfy the Secured ObligatIons, nor otherwise affect any proVISion, covenant, or conditIOn of any Loan Document or Related Loan Documents, or any of the rights, obligations, or remedies of Trustee or Lender hereunder or thereunder· 6.2.7.4 Bidding at Trustee's Sale. At any Trustee's Sale, Trustee shall sell to the lughest bidder at public auctIon for cash m lawful money of the Untted States, unless other tenns and condItIons of sale are prescribed by Lender m accordance wIth and as penmtted by applicable law Any person, mcludmg, WIthOut limItatIon, Borrower or Lender, may purchase at such sale, 8nd Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers Trustee shall execute and deliver to the purchaser( s) at such sale a deed or deeds conveymg the property bemg sold WIthout any covenant or warranty whatsoever, express or unphed The recItals m any such deed of any matters or facts, mcludmg any facts beanng upon the regularity or validIty of any Trustee's Sale, shall be conclUSIVe proof of their truthfulness 6.2.8 Single or Multiple Foreclosure Sales. If the Collateral COnsISts of more than one lot, parcel or Item of property, Lender may (I) deSIgnate the order m which the lots, parcels andlor Items shall be sold or dIsposed of or offered for sale or dISPOSition, and (u) electto dIspose of the lots, parcels andlor Items through a smgle consolIdated sale or dIspOSItion to be held or made under the power of sale granted herem, or In connection WIth JudICIal proceedmgs, or by vIrtue of aJudgment and decree of foreclosure and sale, or through two or more such sales or dlsposrnons, each of whIch may be separately notIced If so elected by Lender and penmtted by applIcable law, or m any other manner Lender may deem to be m Its best mterests (any such sale or dIsposItion, a "Foreclosure Sale") If It chooses to have more than one Foreclosure Sale, Lender at Its option may cause the Foreclosure Sales to be held SImultaneously or successIvely, on the same day, or on such dIfferent days and at such different times and places and m such order as It may deem to be m Its best mterests, all as may be pennttted under apphcable law No Foreclosure Sale shall term mate or affect the hen of thIS Deed of Trust on any part of the Collateral that has not been sold untIl all of·the Secured OblIgallons have been paId m full 6.2.9 Releases, Extensions, Modification and Additional Security. WIthout affectmg the lIabIlity of any person for payment of any of the Secured Obhgallons, Lender may make any agreement or take any actIon extendmg the matunty or otherwise altenng the terms or mcreasmg the amount of any of the Secured OblIgatIOns, and accept additIonal securIty or release all or a portIon of the Collateral andlor other secunty for the Secured OblIgatIOns 6.2.10 Acceleration Not Required. Lender may take any of the actIons penmtted under SectIons 6 2 1 andlor 6 2 3 regardless of the adequacy of the security for the Secured ObhgatIons, or whether any or all of the Secured OblIgations have heen declared to be Immediately due and payable, orwhether notIce of default and electIOn to sell has been gIven under thIS Deed of Trust 6.3 Payment of Costs, Expenses, and Attorneys' Fees. All costs and expenses reasonably mcurred by Trustee and Lender m enforcmg the remedIes avaIlable to them hereunder or otherwIse protectmg Lender's nghts or mterests (mcludmg, Without lImItation, court costs and attorneys' fees, Deed a/Trust page 20 '141368 lOOJJ-6 31]wOl'doc 8/$1]004 20040813002128.021 whether mcurred In lttIgatlOn Or not, expenses for eVidence of tItle, appr3lsals and surveys and trustees' fees, and costs and fees relatIng to any bankruptcy, reorgamzatIon, or Insolvency proceedmg) shall constItute an addrtJonaI obhgatlon of Borrower to Lender and bear mterest at the Default Rate ofInterest from the date of expenditure until s3ld sums have been paid . 6.4 Remedies Not Exclusive. Trustee andlor Lender shall be entitled to enforce the payment and performance of any Secured Obltgatlons and to exercise any and all rights and powers under thiS Deed of Trust, any other Loan Document, or any Related Loan Document, notivtthstanding the fact that some or all of the Secured ObligatIOns may now Or hereafter be otherwise secured Trustee andlor Lender shall be entitled to enforce all such rights concurrently or separately, m sucli order and manner as . they or ertlter of them may m their absolute dlScrelJon determme No remedy IS mtended to he exclUSive of any other remedy, but each shall be cumulative and m addrtlon to the others, to the fullest extent permitted by law ARTICLE 7 ASSIGNMENT 7.1 No Assignment or Encumbrance by Borrower Without Lender's Consent. Borrower acknowledges and agrees that the Secured Obbgatlons are personal to Borrower and that the Identity of Borrower and Its partners and employees, and of any guarantors, arid the relatIOnship hetween Borrower and Lender, Borrower's creditworthineSs, bUSiness expertise, finanCial condition, and continued control of the Collateral were matetlal Inducements upon which Lender relted In arrangmg the Secured Obligations Accordmgly, Borrower shall not, WithOUt Lender's pnor wntten consent or as otherwIse expressly permitted m thiS Agreement (l)selJ, convey, asSIgn, encumber, or otherwISe transfer any of Its ngh~ title, or mterest 10 and to the Collateral or any other Project asset, whether such transfer or encumbrance IS voluntary or by operation of law, other than as specifically permitted under the Loan Documents, (11) sell, asSign, or transfer Its mterest as borrower under the Secured ObhgatIoflS, or (111) transfer any stock or other ownership mterest that would cause a matenaJ change 10 the control of Borrower (excludmg, however, transfers of the mterests of limited partners or non-managmg members of Borrower If such transfers do not matenally rumlOlsh the powers of the general partner or manager of Borrower or otherwise cause a material change 10 the nghts to manage and control Borrower) Any attempted assignment Without such pnor written consent shall be null and VOId, and of no effect, and shall also constItute, at Lender's optIOn, an Event of Default by Borrower under thiS Agreement 7.2 Conditions to Approval of Assignment As a condition of approvmg any assignment, Lender may Impose such reqUIrements and conditIons as It determmes are approptlate ID Its sole discretion, IDcludmg but not limrted to the reqUIrement that Borrower and the assummg party pay, m advance, any and al1 reasonable costs and expenses, IDcludmg reasonable attorney's and accountant's fees, IDcurred by the Lender 10 connection therewith No approval of any assignment shall cause a release of Borrower from any habillty under the Loan Documents Without Lender's pnor wtltten consent, which consent may he freely Withheld . 7.3 Loan Due upon Prohibited Transfer Or Encnmbrance. Upon any transfer, assignment, or encumbrance, as descrlhed m Section 7 1 for which Lender's wntten approval IS required but has not been obtamed, the entire outstJmdmg balance oWing under the Note, IOcludmg ptlnClpal, accrued mterest, and any other amounts owmg under the Loan Documents shall become due and payable at Lender's Deed o/Trust page 21 #141368 10011·6 312wOl'doc 8/SI2004 20040813002128.02% optlon, WIthout any reqUirement for notIce or demand, and Lender may pursue any remedIes granted to It under tillS Deed of Trust or any of the other Loan Documents 7.4 Assignment and Partlcipation by Lender. Lender shall have the fIght, at any tIme and from tIme to tIme and upon notIce to Borrower, to aSSIgn or sell the Secured OblIgatIons, andlor anyone or more pamcIpatlons In the Secured OblIgatlons, accompanIed by an asSIgnment andlor delegatIon of any or all related fIghts or oblIgatIons of Lender under the Loan Documents, WIthout the need for any 'form of consent from Borrower ARTICLES RIGHTS UNDER CONDOMINIUM LAWS ThIs Deed of Trust shall Include the follOWIng rIghts In connectIon WIth any condommmm project to be developed on the Land ' 8.1 Security Interest in Rights Under CondomiDium Laws. ThIs Deed of Trust and Lender's'secunty Interest hereunder shall extend to all of Borrower's fIght, tItle and Interest m and to any and all unIts, common elements, development rIghts, declarant fIghts and ,any other fIghts of Borrower In the Project now eXIstIng or subsequently anSIng under all laws now eXIstIng or later enacted relatlng to condomInIUms (together the "Condominium Laws',) 8.2. Representations and Warranties. Borrower hereby represents, warrants and agrees 8.2.1 Not to file, record or amend any condomInIUm declaratton In connectIon WIth the PrOject WIthout the pflor written consent of Lender, whIch consent Lender shall not unreasonably WIthhold, 8.2.2 To take those steps necessary to ensure that the condomInIUm declaratIon filed ID connection WIth the Project complIes wIth Chapter 6, Legal ReqUIrements of the Fanme Mae Selhng GUIde as establIshed by the Federal NatIonal Mortgage Assoclabon and any SImilar reqUIrements , Imposed by the Federal Home Loan Mortgage Corporallon, 8.2.3 To make all payments reqUIred and to observe and perform all terms and conmbons to be performed by Borrower under all documents by WhICh the condomlDIurn IS constItuted andlor governed and all other documents reqUIred to be executed by declarant pursuant to the CondomIDIum Laws, 8.2.4 To comply WIth all of Its obhgatIons as a unIt owner under the CondomInIUm Laws, and 8.2.5 To pay all charges, Includmg all common expenses hablhoes and assessments (specIal or general), msurance, taxes and other Items Borrower IS or may later be responSIble for payIng under the condomlmum documents as the same may be recorded andlor amended, and under the CondomIDlurn Laws 8.3. Proxy. UntIl such tIme as thIS Deed of Trust IS reconveyed of record as herem prOVIded, Borrower pledges to Lender Its vote and conslItutes Lender as Borrower's proxy (WhICh appointment IS coupled WIth an mterest) WIth sole fIght to vote upon Deed o/Trust poge22 NUJ368 10011·6 JI1..oII dDc 8/512004 20040813002128.023 8.3.1 any partltton of all oany portIon of the Land subject to the condomInium declaratlon, 8.3.2 the nature and amount of any msurance WIth respect to any such property and dlsposltlon of any proceeds thereof, 8.3.3 the manner m which any condemnation or threat thereof shall be defended or settled, 8.3.4 determmatton as to whether or not to restore or rebuild any pomon of the Improvements located on the Land, 8.3.5 assessment of any expenses other than routtne penodlc assessments, 8.3.6 removal of all or any pomon of the Land or Improvements from the proVIsions of the Condomlruum Laws, and . . 8.3.7 any modIficatIOns, amendments, extensIOns, renewals, cancellatIons, transfers or encumbrances of any URlt that IS part of the Project by deed, lease or other mstrument 8.4. Authorized Representative. Lender IS hereby appomted Borrower's authonzed representatIve (whIch appomtlnent IS coupled With an mterest) for the mspectlon of books and records as proVIded In the condominIUm declaratlon andlor bylaws, s81d appomtlnent to be Irrevocable unol such ome as thIS Deed of Trust IS reconveyed of record as herem proVIded 8.5. Notices, Etc. Borrower wtll prOVIde, upon request of Lender, true and correct COpIes of 8.5.1 any notIces to the owners of the condommlum URlts, mcludmg, but not hmlted to, any notIces of any meetmgs of the owners of the condominIum URlts, 8.5.2 mmutes of any meettngs, . 8.5.3 any statement of finanCIal condloon of the condominIum owners' assoclatlon mcludmg any budgets or proposed budgets as avaIlable to any owner, 8.5.4 any statement showmg allocation of proportIOnal occupancy, expenses and assessments Issued to Borrower, 8.5.5 any nottce of default Issued to Borrower, and 8.5.6 any amendment or proposed amendment to the condommlUm declaration, bylaws, or other condomlRlum documents 8.6 Payment of Common Expenses. Unless prohIbIted by law, Lender or Trustee, erther pnor to, contemporaneously With, or subsequent to the foreclosure of thIS· Deed ofTrus!, or whtle pendmg the expIration of any appbcable redemptlon penod subsequent to a JudIcial foreclosure and sale upon executlon of the Project, may pay common expenses for whIch Lender may be hable, and subsequent to such payments Lender shall have a hen WIthout merger on the Project for the amount paId of the same pnonty as the hen of thIS Deed of Trust, or If subsequent to sale or execuoon, s81d hen shall be pnor to any hen held by any redemptIoner as defined by law In the event the Lender IS the successful bIdder at any sale upon execution subsequent to a JudICIal foreclosure and obtams possessory nghts to the Collateral subject to redemptIOn by the Judgment debtor or redemption as defined by law, any payments made by the Lender or Its successor ID mlerest to satlsfy condommlum assessments leVied and payable dunng the redemption perIod shall, m the event of any redemptIOn, be recoverable by the Lender from the Deed o/Trust page 23 #14/368 10/)114 312w<JI'doc 8IS/2()()4 20040813002128.024 Judgment debtor or Its successors m mterest, or any redemptIOner m the same manner as any other assessment or tax would be recoverable 8.7 Condomininm Insurance. The msurance provIsIons of tillS Deed of Trust shall be deemed sallsfied SO long as, upon establIshment of the owners' assocllwon for the Prclject, the owners' assoclallon shall mamtam (a) an "all nsk," SpecIal form property pohcy on the condominIUm project that prOVIdes 100% replacement cost Insurance coverage, and Includes bUSiness mterTupllon coverage (and flood msurance If applicable) from a company or companIes wIth a Best GUIde rallng of A V or better, provldmg a Lender's Loss Payable Endorsement form 438BFU m favor of the Lender, and (b) a ComprehenSIve General LIabIlity policy WIth lumts of not less than $1,000,000 combmed Single hnut per occurrence and $2,000,000 aggregate 8.8 Required consent of Lender. Borrower shall not, except after nollce of Lender's pClor written consent 8.8.1 partlllon or subdIVIde the Land or the Project, 8.8.2 consent to the abandonment or termmatlon of the condommnnn project, except for abandonment or tennmatlon prOVIded by law m the case of SUbstantIal destructIOn by fire or other casualty or In the case oftakmg by condemnalIon or emment domam, or 8.8.3 consent to any matenal amendment to the declaration, bylaws or rules and regulations of the condomInIUm owners' assocIatIon, or equIvalent constrtuent documents of the condoml111um project, Includmg, but not hmlted to, any amendment that would change the fractIon or percentage of allocated Interests of the umt owners In the condommlUm proJect, provIded that Lender hereby consents to all amendments to the declaratIon for the purpose of addIng addItIonal phases to the condom InlUm project 1 ARTICLE 9 MISCELLANEOUS PROVISIONS. 9.1 Additional Provisions. The Loan Documents fully state all of the terms and condItIons of the parties' agreement regardIng the matters mentioned m or mCldental to thIS Deed ofTcust The . Loan Documents also grant further rIghts to Lender and contam further agreements and affirmatIve and negatIve covenants by Borrower that apply to thIS Deed of Trust and to ihe Collateral . 9.2 Limitation on Interest and Charges. The Interest, fees and charges under the Loan Documents shall not exceed the m8XImum amounts permItted by any applIcable law If any such mterest, fee Dr charge exceeds the m8XImum, the Interest, fee or charge shall be reduced by the excess and any excess amounts already collected· from Borrower shall be refunded Lender may refund such excess eIther by treatIng the excess as a prepayment of pnnclpal under the Note or by makmg a dIrect payment to Borrower The provISIons of thIS paragraph shall control over any inconsIstent provIsIon In the Loan Documents 9.3 Permitted Contests. Borrower may contest or object In good faIth to the amount or vahdIty of any tax, assessment, cl81m, demand,levy, lIen, encumbrance, charge or notIce of noncomplIance asserted by a thIrd party (collectively, a "Claim,,), but only In accordance WIth the followmg condItions (I) Borrower shall first gIve wrItten nonce to Lender and depOSIt WIth Lender a Deed ofrrust pageU NUJJ68 JOOJl.fi 3J2wOJ1doc 8/5/2004 20040813002128.025 , i bond or other secunty sausfactory to Lender m such amount as Lender shall reasonably requIre, up to 150% of the amount of the Chum or other sum m controversy, and shall have demonstrated to Lender's reasonable satlsfactlon that no portion of the Collateral Will be sold to sattsfy the Claun prior to final resolUtion, (11) Borrower shall promptly and dilIgently proceed to cause the Clwm to be settled and discharged In a manner not prejudiCial to Lender onts TIghts hereunder, (111) If Borrower shall fall to proceed dilIgently to discharge the Claun, then, m addluon to any other nght or remedy of Lender, Lender may, but shall not be oblIgated to, discharge the same, by paymg the amount claimed to be due, or by deposlung m court a bond or the amount claimed Or otherwise givmg security for such Chum, or 10 such marmer as IS or may be prescflbed by law, at Borrower's expense, (IV) Lender may employ an attorney or attorneys to protect ItS nghts hereunder, and In such event, Borrower shall pay Lender the attorneys' fees and expenses Incurred by Lender, whether or not an action IS actually commenced agaInst Borrower by reason of any default hereunder, and (v) Borrower shall have proVided such good and suffiCient undertakIng as may be reqUIred or permitted by law to accomplIsh a stay of any legal proceedmgs then pendmg In connechon WIth the Claim 9.4' Cooperation. Borrower shall, upon request, cooperate WIth Lender or Trustee to correct any defect, error or omisSion that may be discovered m the contents of thiS Deed of Trust or In the execubon or acknowledgment hereof, and wIll execute, acknowledge, and delIver such further mstruments and take such further actions as may be reasonably requested by Lender or Trustee to carry out more effectively the purposes of thiS Deed of Trust 9.5 Obligations oCBorrower, Joint and Several. If more than one person has executed thiS Deed of Trust as Borrower, the obhgatlons of all such "ersons hereunder shall be JOInt and several 9.6 SeverabilIty. If any term of thiS Deed of Trust, or the applIcatIOn thereof to any person or Circumstances, shall, to any extent, be InvalId, VOId or unenforceable, the remaJnder of thiS Deed of Trust, or the applIcation of such term to persons or circumstances other than those as to which It IS mvalld, VOid or unenforceable, shall no! be affected thereby, and each term of thiS Deed of Trus! shall be vahd and enforceable to the fullest extent pennrtted by law If the hen of thiS Deed of Trust IS mvalld, VOId or unenforceable as to any part of the Secured Obhgabons, or If the hen IS Invalid, VOId or unenforceable as to any part of the Collateral, the unsecured or partially secured portion of such Indebtedness shall be completely paid prior to the payment of the remammg and secured or partlally secured portion of such Secured Obligations, and all payments made on such Secured OblIgabons shall be considered to have been first paid on and applIed to the full payment of that portion of such mdebtedness that IS not secured or fully secured by the lIen of thiS Deed of Trust 9.7 , No Waiver or Cnre. No waiver or delay or omission m the exercise or enforcement by Lender of any of Its nghts or remedies hereunder or under any of the other Loan Documents shall be conSidered a waiver of any subsequent apphcatlOn of, or nght to enforce, such nght or remedy, or of the fight to enforce'any other nght or remedy of Lender In another Instance Furthermore, no waiver of Lender's rights or remedies m one or more InStances shall estabhsh a course of dealmg or other agreement that wIll bmd Lender or prohibit Lender from enforCIng the tenns of thiS Deed of Trust or any other Loan Document In another Instance 9.8 Additional Secnrity. If Lender at any time balds additIOnal SecUflty for any of the Secured Obhgatlons, all such secunty shall be taken, conSidered, and held as cumulabve, wid Lender may enforce the sale thereof or othefWlse realize upon the same, at ItS opbon, erther before or concurrently wrth the exercise of any of Its fights or remedies hereunder or after a sale IS made hereunder The takIng Deed of Trust page 25 NUl368 10011·6 312w011dex: 8/5/2004 20040813002128.026 of addrtlonal secunty, the execution of partial releases of the secunty, or any extension of the tIme of payment of the Secured Obhgatlons shall not dlmmlsh the force, effect, or hen of thiS Deed of Trust and shall not affect or Imparr the habdlty of any maker, surety, or endorser for the payment of any such Indebtedness 9.9. Imposition of TaL For purposes of thIS SectIOn, "Tax" shall mean (a) a specific tax on deeds of trust or on all or any part of the indebtedness secured by a deed of trust, or (b) a spec,fic tax on the owner of the Collateral covered by a deed of trust whIch the taxpayer IS authorIzed or requIred to deduct from payments on the deed of trust, or (c) a tax on property covered by a deed of trust chargeable agamst a benefiCIary or trustee under the deed of trust or the holder of the note secured by the deed of trust, or (d) a specIfic tax (other than an mcome tax or a gross receIpts tax) on all or any portIon of the obhgaoons secured hereby or on payments ofpnnclpal and mterest made by a grantor under a deed of trust If any Tax IS enacted subsequent to the date of thIS Deed of Trust, enactment of the Tax shall consotute an Event of Default, and Lender may exerCIse any or all of the remedIes avaIlable to It upon the occurrence of any Event of Default, unless the followmg condloons are met (I) Borrower may lawfully pay the Tax WIthout causmg any resuItmg economIc dISadvantage or mcrease of tax to Lender or Trustee, and (11) Borrower pays the Tax (mcludmg any tax on the payment made) wlthm 30 days after notIce from Lender that the tax law has been enacted 9.10 No Offset. Borrower's obhgatlon to tlmely pay and perform all obhgaoons under the Note, thiS Deed of Trust, and the other Loan Documents shall be absolute and uncondItIOnal and shall not be affected by any event or CIrcumstance, mcludlOg WIthout hmltatIon any setoff, counterclalJn, abatement, suspenSIOn, recoupment, deductIOn, defense or any other nght that Borrower or any guarantor may have or cJrum agamst Lender or any other person or entity The foregolOg shall not constitute a waIver of any claim or demand whIch Borrower or any guarantor may have m damages or otherwtse agamst Lender or any other person or entity, prOVIded that Borrower shall mamtam a separate actIOn thereon 9.11 Accommodations to Successors. The hablhty of the oTlgmal Borrower shall not be released or changed If Lender grants any successor m mterest to Borrower any extenSIOn of time for payment, or modification of the terms of payment, of any Secured Obhgaoon Lender shall not be reqUIred to comply With any demand by the ongmal Borrower that Lender refuse to grant such an extensIon or modIficatIOn to, or commence proceed1Ogs aga1Ost, any such successor 10 Interest 9.12 Amendments. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an mstrument In wnt10g SIgned by the party agamst whom enforcement of any waiver, change, dIscharge or termmatlon IS sought . 9.13 . Successors in Interest. Subject to the hmltahons on transfer contamed 10 the Loan Documents, the terms, covenants, and condrtlOns herem contamed shall be bmdmg upon and Inure to the benefit of the heirs, legatees, deVisees, admlDlstrators, executors, successors and ·8SSlgnS of the partIes hereto. 9.14 Modification and Extensions. References to the Note, the Loan Agreement, the Loan Documents and the Related Loan Documents 10 thIS document shall be deemed to 10clude all modIficatIOns, extenSIons, and renewals thereof Deed a/Trust #141368 1001I·6 312W{)I' doc 81512004 page 26 .---.-~------- 20040813002128.021 r 9.15 -Applicable Law. The provISIOns oftlus Deed of Trust shall be governed by and construed ID accordance with the laws of the Project State, WithOut regard to the choice oflaw rules of the Project State and except to the extent that federal laws pieempt the laws of the ProJect State 9.16 Merger. No merger shall occur as a resuIfofLender's acqurrmg any other estate ID or any other hen on the Collateral unless Lender consents to a merger ID writing 9.17 WaJver of MarshaJing. Borrower WlUves all rights, legal and equitable, It may now or hereafter have to reqUire marshalmg of assets or to reqUire upon foreclosure sales of assets m a particular order Each successor and asSign of Borrower, mcludmg any holder ofa hen subordmate to thiS Deed of Trust, by acceptance of Its mterest or hen agrees that It shall be bound by the above waIver, as If It had given the waIver Itself 9.18. DisclosnreslDisclaimers. Lender makes the foUowing disclosures and disclaimers in connection with this Deed of Trust: 9.18.1 Actions Solely for Benefit of Beneficiary. Any and aU SUbsequent purchasers of the Property, and any other parties acqwring an interest in the Property, are hereby put on notice that any inspection or approval of any part of any development, construction, renovation, or improvement of the Property by Beneficiary or any agent of Beneficiary shall be made exclusively for the benefit of Beneficiary, and Beneficiary makes no representations whatsoever to any thIrd party acquiring any interest in the Property. Such thIrd party shaJl have no rights of reliance npon any action taken by Beneficiary. Beneficiary makes no representations whatsoever to any third party as to the adeqnacy or legality of any action of Grantor and any action of Beneficiary is solely for the benefit of Beneficiary. -- 9.18.2 Adjustable Rate Note. The Note contaJns provisions permitting (a) increases and decreases in the rate of interest provided in the Note, and (b) increases and decreases in the periodIC payments required under the Note. 9.19 Oral Agreements Notice. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW Deed of Trust #14/368 /0011-6 3/2wO/1 doc 81511004 page 27 DATED as of the day and year first above wntten BORROWER/GRANTOR NORRIS HOMES, INC , a Washmgton Corporatton By ~,~, ~1~J1h J B Noms Its PresIdent Deed a/Trust #14/368 JOOlJ4 3JlwOJ'doc 81;12004 20040813002128.028 page 28 20040813002128.02' ( STATE OF IJJ/f } .. ss. COUNlYOF ~ On tins day personally appeared before me, John B Noms to me known to be the PresIdent of Noms Homes, Inc, a Washmgtan CorporatIon, the Corporation that executed the foregomg IDs!rmnent, and acknowledged such mstrument to be the free and voluntary act and deed of such CorporatIOn, for the uses and purposes therem mentIoned, and on oath stated that he/she was duly authonzed to ex:ecute such mstrument ~~ GIVEN UNDER MY HAND AND OFFICIAL SEAL th,S I HtI day of ~, 2004 Deed ojTrlJJt '141368 10011-6 311..011 doc 81511004 page 29 20040813002128.030 REQUEST FOR FULL RECONVEYANCE To be used only when all ObhgaJ10ns have been paul under lhe nate and tlus Deed a/Trust TO: TRUSTEE . The uudersigned is ·the legal owuer and holder of the note and all other Indebtedness secured by the within Deed of Trust. Said note, together with all other Indebtedness secured by said Deed of Trust, has heen fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of sBld Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust debvered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, ail the estate now held by you thereunder. Dated: __________ _ Deed a/Trust #14/368 IOOIJ.6 312W()lldoc 8/Sf]OIl4 page 31 . 200408 13002128.031 I EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE WEST 277 5 FEET OF THE NORTH HALF OF. THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, W ASlllNGTON, EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD, ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643, ALSO EXCEPT THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NUMBERS 8709280693, 8709280696 AND 8709280697 PARCELB: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M ,IN KING COUNTY, WASlllNGTON, LESS COUNTY ROADS PARCELC: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION IS, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M, IN KING COUNTY, WASlllNGTON, EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET, AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST PARCELD: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M IN KING COUNTY, WASHINGTON, EXCEPT THE WEST277 5 FEET AND THE EAST 135 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188 PARCELE: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST . QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M, IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET Deed a/Trust page 30 #/41368 /001/-6 J/2wQ/ldoc 8/5/2004 LOT #1 JERICHO October 14, 2005 DEVELOPMENT P CITY OF RENT~%NlNG NOV -82005 RECEIVED --------------------------------------------------------------------------- Parcel name: LOT 1 North: 12336.5799 Line Course: N 00-28-23 E North: 12428.5967 Line Course: S 88-22-11 E North: 12427.5609 CUrve Length: 38.74 Delta: 88-47-24 Chord: 34.98 Course In: S 01-37-49 W RP North: 12402.5710 End North: 12402.3876 Line Course: S 00-25-13 W North: 12334.8494 Line Course: N 88-22-11 W North: 12336.5840 East: 8605.2402 Length: 92.02 East Length: 36.41 East Radius: Tangent: Course: Course Out: East East Length: 67.54 East Length: 60.97 East 8606.0000 8642.3952 25.00 24.48 S 43-58-29 S 89-34-47 8641.6840 8666.6833 8666.1879 8605.2426 E E Perimeter: 295.68 Area: 5,478 SQ. FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0048 Error North: 0.00415 Precision 1: 61,600.00 courses, radii, and deltas) Course: N 29-30-05 E East: 0.00235 LOT #2 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 2 North: 12338.0023 East : 8555.2605 Line Course: N 00-28-23 E Length: 92.02 North: 12430.0192 East 8556.0202 Line Cours~: S 88-22-11 E Length: 50.00 North: 12428.5967 East 8606.0000 Line Course: S 00-28-23 W Length: 92 .02 North: 12336.5799 East 8605.2402 Line Course: N 88-22-11 W Length: 50.00 North: 12338.0023 East 8555.2605 Perimeter: 284.04 Area: 4,600 SQ. FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0000 listed courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 LOT #3 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 3 North: 12338.0023 East: 8555.2605 Line Course: NOO-28-23 E Length: 92.02 North: 12430.0192 East 8556.0202 Line Course: N 88-22-11 W Length: 50.00 North: 12431.4417 East 8506.0405 Line Course: S 00-28-23 W Length: 92.02 North: 12339.4248 East 8505.2807 Line Course: S 88-22c11 E Length: 50.00 North: 12338.0023 East 8555.2605 Line Course: N 00-28-23 E Length: 0.00 North: 12338.0023 East 8555.2605 Perimeter: 284.04 Area: 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 LOT #4 JERICHO October 14, 2005 Parcel name: LOT 4 North: 12431.4417 Line Course: N 88-22-11 North: 12432.8642 W Line Course: S 00-28-23 W North: 12340.8474 Line Course: S 88-22-11 E North: 12339.4249 Line Course: N 00-28-23 E North: 12431.4417 Perimeter: 284.04 Area: East : 8506.0405 Length: 50.00 East 8456.0607 Length: 92.02 East 8455.3009 Length: 50.00 East 8505.2807 Length: 92.02 East 8506.0405 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 LOT #5 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 5 North: 12340.8472 East: 8455.3009 Line Course: N 00-28-23 E Length: 92 .02 North: 12432.8641 East 8456.0607 Line Course: N 88-22-11 W Length: 50.00 North: 12434.2866 East 8406.0809 Line Course: S 00-28-23 W Length: 92 .02 North: 12342.2697 East 8405.3212 Line Course: S 88-22-11 E Length: 50.00 North: 12340.8472 East 8455.3009 Perimeter: 284.04 Area: 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 LOT #6 JERICHO October 14,2005 --------------------------------------------------------------------------- Parcel name: LOT 6 North: 12342.2696 Line Course: N 88-22-11 W North: 12343.6921 Line Course: N 00-28-23 E North: 12435.7090 Line Course: S 88-22-11 E North: 12434.2865 Line Course: S 00-28-23 W North: 12342.2696 East Length: Length: Length: Length: : 8405.3212 50.00 East 8355.3414 92 .02 East 8356.1012 50.00 East 8406.0809 92 .02 East 8405.3212 Perimeter: 284.04 Area: 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 G: \ESM-JOBS\J 062\002\004\Office\AREA-CALCS\LOT -6.doc LOT #7 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 7 North, 12345.1145 East , 8305.3617 Line Course: N 00-28-23 E Length, 92.02 North, 12437.1314 East 8306.1214 Line Course: S 88-22-11 E Length, 50.00 North, 12435.7089 East 8356.1012 Line Course: S 00-28-23 W Length, 92 .02 North, 12343.6920 East 8355.3414 Line Course: N 88-22-11 W Length, 50.00 North, 12345.1145 East 8305.3617 Perimeter: 284.04 Area: 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure, 0.0000 courses, radii, and deltas) Course, S 90-00-00 E East, 0.00000 Error North, 0.00000 Precision 1, 284,040,000.00 LOT #8 JERICHO October 14, 2005 Parcel name: LOT 8 North: 12345.1145 Line Course: N 88-22-11 W North: 12346.5370 Line Course: N 00-28-23 E North: 12438.5539 Line Course: S 88-22-11 E North: 12437.1314 Line Course: S 00-28-23 W North: 12345.1145 Line Course: N 00-28-23 E North: 12345.1145 Perimeter: 284.04 Area: East : 8305.3617 Length: 50.00 East 8255.3819 Length: 92.02 East 8256.1416 Length: 50.00 East 8306.1214 Length: 92.02 East 8305.361'7 Length: 0.00 East 8305.3617 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 LOT #9 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 9 North: 12438.5542 East : 8256.1416 Line Course: N 88-22-11 W Length: 50.00 North: 12439.9767 East 8206.1619 Line Course: S 00-28-23 W Length: 92.02 North: 12347.9598 East 8205.4021 Line Course: S 88-22-11 E Length: 50.00 North: 12346.5373 East 8255.3819 Line Course: N 00-28-23 E Length: 92.02 North: 12438.5542 East 8256.1416 Perimeter: 284.04 Area: 4,600 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 284,040,000.00 LOT #10 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 10 North: 12574.0555 East : 8116.7844 Line Course: S 00-28-23 W Length: 89.50 North: 12484.5586 East 8116.0454 Line Course: N 88-22-11 W Length: 35.00 North: 12485.5543 East 8081. 0596 CUrve Length: 38.76 Radius: 25.00 Delta: 88-50-34 Tangent: 24.50 Chord: 35.00 Course: N 43-56-54 W Course In: N 01-37-49 E Course Out: N 89-31-37 W RP North: 12510.5442 East 8081.7709 End North: 12510.7506 East 8056.7717 Line Course: N 00-28-23 E Length: 65.00 North: 12575.7484 East 8057.3084 Line Course: S 88-22-11 E Length: 59.50 North: 12574.0556 East 8116.7843 Perimeter: 287.77 Area: 5,196 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0001 Error North: 0.00010 Precision 1: 2,877,600.00 courses, radii, and deltas) Course: N 43-56-54 W East: -0.00010 LOT #11 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 11 North: 12483.1218 East : 8166.5250 Line Course: N 88-22-11 W Length: 50.50 North: 12484.5585 East 8116.0454 Line Course: N 00-28-23 E Length: 89.50 North: 12574.0555 East 8116.7844 Line Course: S 88-22-11 E Length: 50.50 North: 12572 .6188 East 8167.2639 Line Course: S 00-28-23 W Length: 89.50 North: 12483.1218 East 8166.5250 Perimeter: 280.00 Area: 4,519 SQ. FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 280,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 LOT #12 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name, LOT 12 North, 12574.6201 East , 8167.2805 Line Course: S 00-28-23 W Length, 91.50 North, 12483.1232 East 8166.5250 Line Course: S 88-22-11 E Length, 58.50 North, 12481.4589 East 8225.0013 Line Course: N 00-28-23 E Length, 91.50 North, 12572.9557 East 8225.7568 Line Course: N 88-22-11 W Length, 58.50 North, 12574.6201 East 8167.2805 Perimeter: 300.00 Area: 5,352 SQ. FT. 0 Mapcheck Closure -(Uses Error Closure, 0.0000 listed courses, radii, and deltas) Course, S 90-00-00 E East , 0.00000 Error North, 0.00000 precision 1, 300,000,000.00 --- ---_ .. _---- LOT #13 JERICHO October 14, 2005 Parcel name: LOT 13 North: 12480.0350 Line Course: N 88-22-11 W North: 12481.4575 Line Course: N 00-28-23 E North: 12572.9544 Line Course: S 88-22-11 E North: 12571. 5319 Line Course: S 00-28-23 W North: 12480.0350 Perimeter: 283.00 Area: East : 8274.9811 Length: 50.00 East 8225.0013 Length: 91.50 East 8225.7568 Length: 50.00 East 8275.7365 Length: 91.50 East 8274.9811 4,574 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precisian 1: 283,000,000.00 LOT #14 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name, LOT 14 North, 12571.5332 East , 8275.7365 Line Course: S 00-28-23 W Length, 91.50 North, 12480.0363 East 8274.9811 Line Course: S 88-22-11 E Length, 50.00 North, 12478.6138 East 8324.9609 Line Course: N 00-28-23 E Length, 91.50 North, 12570.1107 East 8325.7163 Line Course: N 88-22-11 W Length, 50.00 North, 12571.5332 East 8275.7365 Perimeter, 283.00 Area: 4,574 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure, 0.0000 listed courses, radii, and deltas) Course, S 90-00-00 E East, 0.00000 Error North, 0.00000 Precision 1, 283,000,000.00 LOT #15 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 15 North: 12478.6125 East : 8324.9608 Line Course: N 00-28-23 E Length: 91. 50 North: 12570.1094 East 8325.7163 Line Course: S 88-22-11 E Length: 50.00 North: 12568.6869 East 8375.6961 Line Course: S 00-28-23 W Length: 91. 50 North: 12477.1900 East 8374.9406 Line Course: N 88-22-11 W Length: 50.00 North: 12478.6125 East 8324.9608 Perimeter: 283.00 Area: 4,574 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 283,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 LOT #16 JERICHO October 14, 2005 Parcel name: LOT 16 North: 12571. 6881 Line Course: S 00-28-23 North: 12477 .1913 Line Course: S 88-22-11 North: 12475.5128 Line Course: N 00-28-23 North: 12570.0096 W E E Line Course: N 88-22-11 W North: 12571. 6881 East : 8375.7208 Length: 94.50 East 8374.9406 Length: 59.00 East 8433.9167 Length: 94.50 East 8434.6969 Length: 59.00 East 8375.7208 Perimeter: 307.00 Area: 5,574 SQ. FT. 0 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 307,000,000.00 ---------------~---------------- LOT #17 JERICHO October 14, 2005 Parcel name: LOT 17 North: 12570.0096 Line Course: S 00-28-23 W North: 12475.5128 Line Course: S 88-22-11 E North: 12474.0903 Line Course: N 00-28-23 E North: 12568.5871 Line Course: N 88-22-11 W North: 12570.0096 East Length: Length: Length: Length: : 8434.6969 94.50 East 8433.9167 50.00 East 8483.8965 94.50 East 8484.6767 50.00 East 8434.6969 Perimeter: 289.00 Area: 4,724 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 289,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 LOT #18 JERICHO October 14, 2005 --------------------------------------------------------------------------- Parcel name: LOT 18 North: 12568.5871 East : 8484.6767 Line Course: S 00-28-23 W Length: 94.50 North: 12474. 0903 East 8483.8965 Line Course: S 88-22-11 E Length: 50.00 North: 12472.6678 East 8533.8763 Line Course: N 00-28-23 E Length: 94.50 North: 12567.1646 East 8534.6565 Line Course: N 88-22-11 W Length: 50.00 North: 12568.5871 East 8484.6767 Perimeter: 289.00 Area: 4,724 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 289,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 LOT #19 JERICHO October 18, 2005 Parcel name: LOT 19 North: 507552.9853 Line Course: N 00-28-21 E North: 507647.4820 Line Course: S 88-22-13 E North: 507646.2307 Line Course: S 00-28-21 W North: 507644.7607 Line Course: S 88-22-13 E North: 507644.1919 Line Course: S 00-28-21 W North: 507551.1651 Line Course: N 88-22-13 W North: 507552.9853 East : 1666989.1565 Length: 94.50 East 1666989.9358 Length: 44.00 East 1667033.9180 Length: 1.47 East 1667033.9059 Length: 20.00 East 1667053.8978 Length: 93.03 East 1667053.1307 Length: 64.00 East 1666989.1565 Perimeter: 317.01 Area: 6,018 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0000 listed courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Error North: 0.00000 Precision 1: 317,000,000.00 LOT #20 JERICHO October 18, 2005 Parcel name: LOT-20 North: 507551.1650 East: 1667053.1347 Line Course: N 00-28-21 E Length: 93.03 ' North: 507644.1918 Line Course: S 88-22-13 E North: 507642.2220 Line Course: S 00-25-11 W North: 507574.7238 CUrve Length: 39.80 Delta: 91-12-36 Chord: 35.73 Course In: N 89-34-49 W RP North: 507574.9070 End North: 507549.9171 Line Course: N 88-22-13 W North: 507551.1631 East Length: 69.26 East Length: 67.50 East Radius: Tangent: Course: Course Out: East East Length: 43.81 East Perimeter: 313.40 Area: 6,305 SQ.FT. 0 1667053.9019 1667123.1339 1667122.6394 25.00 25.53 S 46-01-29 W S 01-37c47 W 1667097.6401 1667096.9291 1667053.1368 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0028 Course: S 47-32-21 E Error North: -0.00191 East : 0.00208 Precision 1: 111,928.57 LOT #21 JERICHO October 14, 2005 Parcel name: LOT 21 North: 12564.4434 Line Course: S 88-22-11 North: 12561.9039 Line Course: N 00-25-13 North: 12596.8230 CUrve Length: 38.73 Delta: 88-46-24 Chord: 34.97 Course In: N 89-34-47 RP North: 12597.0064 End North: 12621.9960 E E W Line Course: N 88-21-11 W North: 12623.8567 Line Course: S 00-28-23 W North: 12564.4487 Perimeter: 287.06 Area: East : 8578.6265 Length: 89.26 East 8667.8504 Length: 34.92 East 8668.1065 Radius: 25.00 Tangent: 24.47 Course: N 43-57-59 W Course Out: N 01-38-49 E East 8643.1072 East 8643.8257 Length: 64.74 East 8579.1125 Length: 59.41 East 8578.6220 5,172 SQ.FT. 0 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0070 Course: N 40-19-56 W Error North: 0.00537 East: -0.00456 Precision 1: 41,008.57 . LOT #22 JERICHO October 14, 2005 Parcel name: LOT 22 North: 12626.8121 Line Course: S 00-28-23 North: 12568.8440 Line Course: S 88-22-11 North: 12565.9137 Line Course: N 00-28-23 North: 12623.8517 East : 8476.1590 W Length: 57.97 East : 8475.6804 E Length: 103.00 East 8578.6387 E Length: 57.94 East 8579.1170 Line Course: N 88-21-11 W Length: 103.00 North: 12626.8120 East 8476.1596 Perimeter: 321.91 Area: 5,968 SQ. FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0006 Error North: -0.00005 Precision 1: 536,516.67 listed courses, radii, and deltas) Course: S 85-19-51 E East: 0.00061 LOT #23 JERICHO October 14, 2005 Parcel name: LOT 23 North: 12626.8121 East : 8476.1590 Line Course: N 88-21-11 W Length: 100.00 North: 12629.6861 East 8376.2003 Line Course: S 00-28-23 W Length: 58.00 North: 12571.6881 East 8375.7214 Line Course: S 88-22-11 E Length: 100.00 North: 12568.8431 East 8475.6809 Line Course: N 00-28-23 E Length: 57.97 North: 12626.8111 East 8476.1596 Perimeter: 315.97 Area: 5,797 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0011 Error North: -0.00092 Precision 1: 287,245.45 listed courses, radii, and deltas) Course: S 32-21-14 E East: 0.00058 ------------------------------------------------- LOT #24 JERICHO October 14, 2005 Parcel name: LOT 24 North: 12571.6755 Line Course: S 88-22-11 E North: 12568.6882 Line Course: N 00-28-23 E North: 12629.6862 Line Course: N 88-21-11 W North: 12631. 5816 Line Course: S 00-28-23 W North: 12628.5817 Line Course: N 88-21-11 W North: 12629.7040 Line Course: S 00-28-23 W North: 12571.6760 East : 8270.7380 Length: 105.00 East 8375.6955 Length: 61.00 East 8376.1991 Length: 65.95 East 8310.2763 Length: 3.00 East 8310.2516 Length: 39.05 East 8271. 2177 Length: 58.03 East 8270.7386 Perimeter: 332.03 Area: 6,288 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0008 courses, radii, and deltas) Course: N 49-38-18 E East: 0.00063 Error North: 0.00053 Precision 1: 415,037.50 LOT #25 JERICHO October 14, 2005 Parcel name: LOT 25 North: 12632.6781 Line Course: S 00-28 -23 East : 8167.7598 W Length: 58.06 North: 12574.6201 East : 8167.2805 Line Course: S 88-22-11 E Length: 103.50 North: 12571.6755 East 8270.7386 Line Course: N 00-28 -23 E Length: 58.03 North: 12629.7035 East 8271.2177 Line Course: N 88-21-11 W Length: 103.50 North: 12632.6782 East 8167.7604 Perimeter: 323.09 Area: 6,006 SQ.FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0006 Error North: 0.00010 Precision 1: 538,483.33 listed courses, radii, and deltas) Course: N 81-08-08 E East: 0.00061 LOT #26 JERICHO October 14,2005 Parcel name: LOT 26 North: 12572.6188 Line Course: N 88-22-11 W North: 12575.7482 Line Course: N 00-28-23 E North: 12610.3271 CUrve Length: 39.78 Delta: 91-10-26 Chord: 35.72 Course In: S 89-31-37 RP North: 12610.1207 End North: 12635.1103 Line Course: S 88-21-11 E North: 12632.6823 Line Course: S 00-28-23 W North: 12572.6244 East : 8167.2639 Length: 110.00 East 8057.3085 Length: 34.58 East 8057.5940 Radius: 25.00 Tangent: 25.52 Course: N 46-03-36 E E Course out: N 01-38-49 E East 8082.5931 East 8083.3116 Length: 84.48 East 8167.7567 Length: 60.06 East 8167.2609 Perimeter: 328.90 Area: 6,467 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0064 Error North: 0.00561 Precision 1: 51,390.62 courses, radii, and deltas) Course: N 28-45-21 W East: -0.00308 LOT #27 JERICHO October 27, 2005 --------------------------------------------------------------------------- Parcel name: lot 27 North: 507635.6520 Line Course: N 00-28-21 E North: 507721.9791 Line Course: S 88-22-18 E North: 507721.2829 Curve Length: 38.35 Delta: 87-53-57 Chord: 34.70 Course In: 5 01-37-42 W RP North: 507696.2891 End North: 507696.4952 Line Course: 5 00-28-21 W North: 507634.2612 Line Course: N 88-22-13 W North: 507635.6548 East : 1666413.4256 Length: 86.33 East 1666414 .1375 Length: 24.50 East 1666438.6276 Radius: 25.00 Tangent: 24.10 Course: S 44-25-20 E Course Out: N 89-31-39 E East 1666437.9172 East 1666462.9163 Length: 62.24 East 1666462.4031 Length: 49.00 East 1666413.4229 Perimeter: 260.42 Area: 4,101 50.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0039 Error North: 0.00282 Precision 1: 69,761.54 courses, radii, and deltas) Course: N 43-21-08 W East: -0.00266 LOT #28 JERICHO October 14, 2005 Parcel name: LOT 28 North: 12556.6473 Line Course: S 88-22-11 North: 12555.4240 Line Course: N 00-28-23 North: 12641.7510 Line Course: N 88-22-16 North: 12642.9733 Line Course: S 00-28-23 North: 12556.6463 East : 7912.1641 E Length: 43.00 East 7955.1467 E Length: 86.33 East 7955.8594 W Length: 43.00 East 7912.8768 W Length: 86.33 East 7912.1640 Perimeter: 258.65 Area: 3,711 SQ.FT. 0 Mapcheck Closure -(Uses listed Error Closure: 0.0010 Error North: -0.00104 Precision 1: 258,660.00 courses, radii, and deltas) Course: S 01-37-46 W East: -0.00003 LOT #29 JERICHO October 27,2005 --------------------------------------------------------------------------- Parcel name: lot 29 North: 507628.2438 Line Course: N 00-29-09 E North: 507724.5703 Line Course: S 88-22-18 E North: 507723.2015 Line Course: S 00-28-21 W North: 507626.8748 Line Course: N 88-22-13 W North: 507628.2456 East : Length: Length: Length: Length: 1666322.1843 96.33 East 1666323.0011 48.17 East 1666371.1516 96.33 East 1666370.3572 48.20 East 1666322.1767 Perimeter: 289.02 Area: 4,641 SQ. FT. 0 Mapcheck Closure -(Uses Error Closure: 0.0078 Error North: 0.00183 Precision 1: 37,055.13 listed courses, radii, and deltas) Course: N 76-20-02 W East: -0.00754 • • · . • \ 100 100 . . I . ' r-o ~ 4.59 Ac 4.58 A c. ,,," r,! 314.0 o "" o O.SZk. ~ @ A POr<TION of the N.E. 1/4, (II D [TIl @ Il 5op. 4!l01l1 lu8 : , ' SECTION 15, 'TOWNSHIP 23 N., RANGE 5 E., IW.M . (2 ) 1-------. t' 9 O~~--SITE AND SURROUND NG USES ARE ALL S N GI_E FAM LY RES DENT AL ( IN p'mET ) 1 In~h '" 200 ft. " !. DATE: 2 4 SCALE: 1" = 2 '-"-'--~-""------~r- DESIGN BY:_=---l DRWN. BY: -~=-'1 SHEET OF VOL. PG. JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY. AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL SfREETS 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 A~ID FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES •. "ND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON. INCLUD NG BUT NOT LIMITED TO PARKS. OPEN SPACE, UTILITIES A~JD DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC. IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS. OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAI~JST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT. CONSTRUCTION. OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED. AGREE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON. 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 SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT. CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, 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 C'F DEFENSE. RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF KENT. 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 DESIRES OF SAID OWNERS, IN WITNESS WHEREOF, WE SET OLJR HANDS AND SEALS: NORRIS HOMES. INC .• A WASHINGTON CORPORATION BY : PRINTED NAME TITLE PRESIDENT DATE HOMESTREET BANK. A WASHINGTON STATE CHARTERED SAVINGS BANK BY : PRINTED NAME TITLE DATE ACKNOWLEDGMENTS STATE OF WASHINGTON ) COUNTY OF KING ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ___________________ SIGNED THIS INSTRUMENT. ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT Ai'lD ACKNOWLEDGED IT AS THE PRESICE:NT OF NORRIS HOMES. INC., AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INST~lUMENT. DATED ___________________________ _ SIGNATURE OF NOTARY PUBLIC ________________ _ PRINTED NAME __________________ _ "" TITLE '~PPOINTMENT EXPIRES STATE OF WASHINGTON ) COUNTY OF KING ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _________________________ _ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE iHE INSTRUI~ENT AND ACKNOWLEDGED IT AS THE ___________________ OF HOMESTREET BANK. A WASIIiNGTON STATE CHARTERED SAVINGS BANK. AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT 01' SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, DATED ____________________________ ___ SIGNATURE OF NOTARY PUBLIC ___________________ _ PRINTED NAME _____________________ _ TITLE MY APPOINTMENT EXPIRES APPROVALS: CITY OF RENTON APPROVALS CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS DEPAfHMENT EXAMINED AND APPROVED THIS DAY OF ____________ _ ADMINISTRATOR CITY OF RENTON EXAMINED AND APPROVED THIS ____ _ DAY OF ______________ 20o __ . MAYOR CITY OF RENTON FINANCE DIRECTORS CERTIFICATE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED DEDICATED AS STREETS. ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL. DATED THIS ____ _ DAY OF ____________ _ FINANCE DIRECTOR 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 20o __ . DIRECTOR. KING COUNTY OFFICE OF FINANCE DEPUTY KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS ____ _ DAY OF ______________ _ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ) RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON. THIS __ _ DAY OF _____ _ 20o __ • AT MINUTES PAST M. AND RECORDED IN VOLUME __ _ OF PLATS. PAGES , RECORDS OF KING COUNTY. WASHINGTON. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF "JERICHO" IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 5 EAST. WILLAMEnE MERIDIAN; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE TRACT AND LOT CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLAniNG REGULATIONS. GARY STEVEN LEWIS PROFESSIONAL LAND SURVEYOR CERTIFICATION NO. 31667 SECTION 15, T. 23 N .• R. 5 E .• W.M. NW 1/4 OF THE NE 1/4 EXPIRES 9/13/2007 CONSULTING ENGINEERS LLC < o r , I.I*I~I CITY OF RENTON FILE NO. LUA-04-031-FP --------------- DEVELOPMEN . . . 20021 120th Avenue NE. Suite #,.,1C!)30F R~~~~~fl~( Bothel~ Washington 980'11 (426) 416-6144 NOV -8 2005 RECEIVED Civil Englneemg Land Surveying Project Management PubUc Worits Land PIarnlg DATE : 10-27-05 JOB NO. 1062-002-004 DRAWING NAME : 1062\OO~OO~PLOT~FINALPLA~FP-01.DWG~~·~~~~~~~~~·~~~~~~~~~~~~~~~~~~~ DRAWN BY: GSL SHEET 1 OF 3 -----------. ------------------------------- JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON FOUND 3" BRASS SURFACE DISK FOUND 2.5" BRASS SURFACE DISK WITH PUNCH MARK CITY OF RENTON CONTROL MONUMENT NO. 1851 18.73' EAST AND 0.86' SOUTH OF FOUND NORTH QUARTER CORNER. VISITED 5-05 N 507779.5084 E 1665846.8012 FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK, AT INTERSECTION WITH 148TH AVE SE CITY OF RENTON CONTROL MONUMENT NO. 1852 VISITED 5-05 WITH PUNCH MARK\ VISITED 5-05 N 88'21'17" W 2623.86'(CITY OF RENTON-1852 TO 18" I) N 88' 21 ' 1 3" W 2 ~ 642.58' (NORTH liNE OF NE QUARTER 15-23-05) ~ ~ 507704.9362 ~ 1668469.6013 N 507704.9362 1 E 1 668469.60 1 3 ~)0111~--;-;:-=-=:--, , COVENANT w Ul W ~ II I-o "<t - CALCULATED CENTER OF SECTION 15 o I NE 4TH STREET A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 15, TOWNSHIP 23N, RANGE 5E, WM SECTION CONTROL MAP SCALE 1" = 400' ALL DETACHED DWELLINGS ARE PROPOSED WITHIN THE R-10 ZONING DESIGNATION OF THE PLAT WITH A PERMITIED DENSITY UP TO 13.00 DU/AC. ANY CHANGE TO THE UNIT MIX SHALL REQUIRE THE DENSITY AND UNIT MIX REQUIREMENTS OF THE R-10 ZO~JE TO BE COMPLIED WITH AND REVIEWED BY THE CITY OF RENTON. ALL LOTS IN THIS SUBDIVISION AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAw WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER _______________ . THE MINIMUM NUMBER OF RESIDENTIAL DWELLING UNITS PERMITIED WITHIN THIS PROPERTY IS 35. ALL SUCH U~JITS SHALL BE SINGLE FAMILY DETACTED UNITS ONLY ON INDIVIDUAL RESIDENTIAL LOTS. DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMRACED WITHIN THIS PLAT, I~J RETURE FOR THE BENEFIT TO ACCURE FROM THIS SUBDIVISION, BY SIGNING HEREON, COVENENTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVSION THEREOF, THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT. HOME OWNERS ASSOCIATION KNOW BY ALL PEOPLE BE THESE PRESENT THAT WE THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID ASSOCIATION. GENERAL NOTES 1) NO DIRECT ACCESS FROM ANY LOT WITH THIS PLAT SHALL BE ALLOWED ONTO NE 4TH STREET. 2) r-.IO DIRECT ACCESS FROM ANY LOT WITHIN THE FIRST 160 FEET FROM THE SOUTH CURB OF NE 4TH STREET SHALL BE ALLOWED ONTO HOQUIAM AVENUE NE OR JERICHO AVENUE NE. - 3) A 5/8"X 24" REBAR ANQ. PLASTIC CAP MARKED "ESM, INC 35142-31667" SHALL BE SET AT ALL REAR LOT CORNE:f\S AND LOT ANGLE POINTS, EXCEPT AS NOTED. THE INTERSECTIO~I OF LOT LI~JES 1'1 IT 1:;(, STREET IMPROVEMENTS SHALL BE A BRASS TAG MARKED "ESM, I~JC LS .35142-31667" SEt IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE ENTENSION OF THf LOT LINE (OFFSET CORNERS WILL BE DIMENSIONED ON PLAT). LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND SHALL BE SET AS CO~JSTRUCTION IS COMPLETED. 4) THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRIITEN APPROVAL FROM THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. 5) TRACT" A" IS A STORM WATER DETENTION/ WATER QUALITY POND, HEREBY CO~NEYED TO ________________________ . 6) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 19. 20 AND 21 SHALL BE FOR THE BENEFIT OF SAID LOTS A~JD LOT 22. LOTS 19, 20. 21 AND 22 SHALL BE JOINTLY r~ESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 7) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 15, 16. 23 AND 24 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 15, 16, 23 AND 24 SHALL BE JOINTLY RESPO~JSIBLE FOR THE MAINTE~JANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 8) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 11, 12, 25 A~JD 26 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 11, 12, 25 AND 26 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENA~ICE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 9) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 27, 28, .31 AND 32 SHALL BE FOR THE BENEFIT OF LOTS 27, 28 AND 29. LOTS 27, 28 AND 29 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTIO~J OF SAID EASEMENT. 10) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 30, 31, 32, 33, 34, AND 35 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 30, 31, 32, 33, 34 AND 35 SHALL BE JOI~JTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 11) LOTS 1 THROUGH 26 AND TRACT" t' HAVE A ZONE DESIGNATION OF R-8. 1 0 11 N 1321.26' 15 14 ~ 400 200 0 400 800 15 14 FOUND 1 /2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 30427' VISITED 5-05 LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .• IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECRODED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COU~JTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693 8709280695, 8709280696 AND 8709280697. ' PARCEL B: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCEL 0: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCEL E: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORhiEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. EASEMENT PROVISIONS 1) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, SOOS CREEK WATER AND SEWER, WATER DISTRICT 90, QWEST AND A CABLE T.V. COMPANY AND THEIR RESEPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALLLAY. CONSTRUCT, RENEW. OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPELINE AND WIRES, WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE TV SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. 2) ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATIO~J. ACCESS EASEMENT WITNESSETH THAT SAID GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS AND UPON THE PRIVATE DRAINAGE EASEMENTS SHOWN ON THE FACE OF THIS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS JERICHO FOR THE CITY OF RENTON AS GRANTEE, TO ENTER UPON SAID EASEMENT(S) FOR THE PURPOSE OF OBSERVING AND INSPECTING THE FACILITIES TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID EASEMENT AREA(S). THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE BI~JDING UPON THE GRANTOR(S). ITS HEIRS, AND ALL SUBSEQUENT OWNER(S) THEREOF, FOREVER. /4 .Z7~()~ VOL. PG, 12) LOTS 27 THROUGH 35 HAVE A ZONE DESIGNATION OF R-10. CONSULTING ENGINEERS LLC < o I • • 13) ALL BUILDING DOWN SfJOUTS, FOOTING DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STOR~A DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMIITED WITH THE APPLICATION 0;-ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. I.I*I~I DEVELOPMENT PLANNINC 14) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON FOR PUBLIC TRANSIT TloRN-OUT ACCESS OVER A PORTION OF LOT 26. CITY OF RENTON FILE NO. LUA-04-031-FP I"ITY OF RENTmJ elv" Engineering 20012 120th A venue NE, Suite #103 -Land SlSveylng Bothell, Washington 98011 NOV -8 2005 Project Management (425) 415-6144 Publo Worke RECEIVED Land Planning EXPIRES 9/13/2007 DATE : 10-27-05 JOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLAl\FP-02.DWG DRAWN BY: GSL SHEET 2 OF 3 142nd Av, SE JERICHO VOL. PG, A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY. WASHINGTON 10' WIDE ROAD EASEMENT PER RECORDING NO. 8710061104 (TO BE ABANDONED) 5' WIDE ADDITIONAL R.O.W. TO BE DEDICATED TO CITY OF RENTON UPON RECORDING OF THIS PLAT JERICHO AVENUE NE 1.0 0.1 NOO'25'11" E"· 1 02.42' N 0(125'1 J" E {g =-~.92' -=-F £7.50' -=-,'?\ - ?; ~I CD::: CD 20' WIDE JOINT 0 ~ I C'J", "! ACCESS AND (\/1.0 ii3~ ~ UTILITY ESMT ~ I ~ ~ ~ . Z n <0 1.0 I NOO'Z8'21"( 110.04' 59.41' 1 NOO'28'21"r 93.03' 1_ ... 0--_4=-2'-I-rI.......,N,.,:.0~;,:;~.;,.2~;,.;~.".~""1 L",E-.,I-O-':':t -O'l ~~: ---r-g-i -'--1 0 11. ~ ,....-...... 1 '<t ;; 21' S: • M 94.50' o~~----~~,~~,~,----4-~ o. NOO 28'21 E u..: , [f) 1 286.45' -/ -l-NOO'Z5'11"E-! U ,..----1 -67.54' -- ~( '<t ~I 92.02' NOO'Z8'Zl"E /' --a --8 ~ c: I (\/ ;.!:! 1 0 0 1.0 CD ... 92.02' 21 ' NOO'28'21 E u..: [f) CY);.!:! I'-- OJ , o <.0 o o , o 1.0 o o . o n o n ® (0 ~ (\/+1 (\/~ 'C'J 80.1 u..: ~1:0 0 [f) ~I 1.0 o to ;;1-------- --,., ,.. I~ !8 f- UJ UJ a: f-(j) I~ "¢ UJ Z .... ".. "';0,1 QOtO ,.,..-jl ;;JI 0> 1.0 COD CO:!i! Zo ""0.1 1.0 I'-- ..q- 94.50' ;r; s: I NOO'28'Zl"E I;-.,.....;";;"';;";;:';:"':;';"";';""-j : M 11 f-57.97' i..L.. NOO'28'21"E ,.,~ Z 0 [f) "';""12: 0 ..... :1;1 :"C'\J U) 0 , ..... ..... N 1:0 I w 1.0 ,... N In 00 W I"-iiOzI0 .:> ... <J:' LL:>- 2: I z§? vi 0 M 94.50' I~ 1.0 ~ <J: I'--CY) +I 0 ~ NOO'28'21" E ~0N(\/I"-O'N '1 g ~;;g ~ ~ 16 20' WIDE JOINT ~ ~ a~N 1.0 co 0 ACCESS AND <.0 +I • o (0 to I s:8~ Z ~ UTILITY ESMT ,...;::: 1 g ~ __ ;j't!:;; 1.0 hO(),28'21~ 114~5r: ~ ~ , 1 58.00' I' NOO'28'21"E 94.50' I LU ; NO~f.~6n~ ~.5~ . _1_ ~ ~ g r LO~ I~ 6 tn I If) 0> , l{) CD I o ... 0 u -,.. 1.0 ,... I'--t{) .S: a: ::J ;:,. 1.0 M CY) !Xl .h '<t ~::J o~ 91.50' N W (L o· ~ tri~ NOO'28'21"E 16 Z ~~ g ~ I g?i I -.:t±l 0 .; 92,02' NOO'28'21" E [f) -.:t~ o <D .... 92.02' NOO'28'21"E u..: [f) LO;.!:! o <D ... o o , o U'J o o o U'J a t-T""""'_~9;,:;2;.:.,:' 0~2;;-' = ___ --1 0> NOO'28'21" E o u..: to • 1.0 ~ 1 (.() ~ t{) 0 to .; 92,02' . I"-m o ~ o <D o 1.0 NOO'28'21" E f . I (j)u..: .S: noM .-0 -H 0.-~gl f'-..§ 9~ 00 'V "J Co co ~ Z 1-+-_~~9~2~.0:!;;2,..,.' ~ ___ --I Z NOO'28'21"E ® ® ® • 1.0 o OJ n o If) ,...~ It{) 91.50' '<t u..: [f) CO;.!:! o t---~ ------o co • • ... • N 8&1 ,N I')~ z NOO'28'21"E NOO'28'21"E 58.03' o o , o 1.0 u..: [f) CY):!i! ""1'-- I~ If) ?; l{) oM 91.50' ~ ----8 1.0 ~ ~ ___ """;:;"';';';::":::"..,.,..._-I~ ..-j N NOO'28'21"( u..: ~ 16 20' WIDE JOINT (j) to ~. ACCESS AND (\/ ctl o UTILITY ESMT ,... 1.0 I 0 ~I n. I() . ~, t{) o to ... 92,02' NOO'28'21"E u..: Ul +J O'lg ~ ... 92.02' NOO'28'21"E ~ 0.1 3:10 ~NOO'28'21"E l..lL5~' ~ : ~ 58.06' NOO'28'21"E 91.50' ~ ~~6~0~.0~6~'-tl~~~T""""'~~~89~.~50~'~_~~_~~~ ;... NOO'28'21"E t ,-... 1--8 I : W «-(!Ju..: : :2 « [f) ~ '_.w 5.0';; ,... ~ I 45' 2: . ~ ~~ . ~ ~ ,... ~ r'-----'-.:::....--j....-:J~ I C'J r---LL ~ 89 . 50' w ~II. z@ <.O~ 1----NO-0::.:'Z:.:8.:..'2:..1'"""-E--I--I • o;:Jf-(\/0~ 0 ;... tri « Q '>l-. M u..: 0 o~ '1<.0 t325 to::-o [f) )i8 q re l...-0 [f) ~ ~ 0,... \ljOJ 8 ,., b --i [f) ifJ 1:0 0> ~ (5 .... rot{) I . lo~' 21' 21' ~I '--_-+--r> ..q: 1.0 N ~I 1 l r--- I-a:Z(fj OO«<D « f-a: <D. cr.(/) ~ f--0 '-" ;; ~ • t-) ® .... ~ J---i ------ . o c: o t{) ~ ® 1---------- ® 2: 1\£ ~ _Ze-__ 1.0 I ..... 8 u '-__ _ --- \ 34.58' 65,00' 66.51' -------- NOO'28'21" E 99.58' NOO'28'21" E ;.... ____ "'~---~ ..... -'Z:;;..;O:....~:.:;;I E:.:::.D_R:..:.-_8::......... __ 1 70.60' 11_3._02' • ro ... &rl CO .... ZONED R-10 NOO'28'21" E 283.62' (PUBLIC STREET) 1£- u 62.24-' [f) f'-..+I C\J;; HOqUIAM AVENUE NE 1 NOO'28'21' E 262.54' l N 0(129'09" E LO-r 2 286.62' o t{) N . o o , 1.0 N 30' EASEMENT 30' EASEMENT ® SURVEY INSTRUMENTATION SURVEY PERFORMED IN CONJUNCTION WITH THIS SURVEY PLAT UTILIZED THE FOLLOWING EQUIPMENT AND PROCEDURES: 10" TOTAL STATION MAINTAINED TO MANUFACTURER'S SPECIFICATION AS REQUIRED BY WAC-332-130-100 PROCEDURE USED: FIELD TRAVERSE WITH ACCURACY MEETING OR EXCEEDING THE REQUIREMENTS OF WAC-332-130-090. SURVEYOR'S NOTES 1. THE PROPERTY DEPICTED AND DESCRIBED HEREON ENCLOSES AN AREA OF APPROXIMATELY 228,668 SQUARE FEET OR 5.37 ACRES. BASIS OF BEARING NORTH 88'22'11' WEST BETWEEN CITY OF RENTON CONTROL MONUMENTS C,O,R. NO,1851 AND C.O.R. NO,1852. REFERENCE MAPS ------------~------RECORD OF SURVEY, VOLUME 41, PAGE 227, RECORDING NO.8409079007, RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 94, PAGE 258, RECORDING NO.9309169004, RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 145, PAGE 270, RECORDING NO.20010622900002, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF SIENNA, VOLUME 209, PAGE 18-24, RECORDING NO.2D021 009002754, RECORDS OF KING COUNTY, WASHINGTON . PLAT OF PARKSIDE COURT, VOLUME 207, PAGE 100-102, RECORDING NO.2DD20815001577, RECORDS OF KING COUNTY, WASHINGTON. LEGEND S STANDARD CITY OF RENTON MONUMENT IN CASE (R) RADIAL b. DELTA L ARC LENGTH R RADIUS ESMT EASEMENT 1 0' WIDE UTILITY EASEMENT, SEE EASEMENT PROVISION NOTE NO.1 PAGE 2. 7' WIDE PUBLIC TRANSIT ACCESS EASEMENT, SEE GENERAL NOTE NO.14, PAGE 2 CURVE TABLE NUMBER RADIUS ARC LENGTH C1 25,00 38.74 C2 25.00 39.80 C3 25.00 38.73 C4 25.00 39.78 C5 25,00 38.35 C6 25.00 38.76 C7 25.00 39,77 SETBACK TABLE DELTA ANGLE 88'47'24" 91'1 2' 36" 88'46'24" 91'10'26" 87'53'57" 88'50' 34" 91'09'26" LOT FRONT YARD REAR YARD 15FT. SIDE YARD ALONG STREET 1 NE 3RD ST/NORTH SOUTH PROP. LINE JERICHO AVE. NE PROP, LINE 10 NE 3RD ST/SOUTH NORTH PROP. LINE HOQUIAM AVE. NE PROP. LINE 20 NE 3RD ST/SOUTH NORTH PROP. LINE JERICHO AVE. NE PROP, LINE 21 WEST PROP, LINE EAST PROP. LINE NE 4TH STREET FACING 20' ESMNT ABUTIING JERICHO AVE. NE 22 EAST PROP, LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT 23 WEST PROP, LINE EAST PROP. LINE NE 4TH STREET FACING 20' ESMNT 24 EAST PROP. LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT 25 WEST PROP. LINE EAST PROP. LINE NE 4TH STREET FACING 20' ESMNT 26 EAST PROP. LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT SCALE: 1" -50' 50' 25' o 50' 100' CONSULTING ENGINEERS LLC < o I . \J o . u--\unYs JYJEJ.-\DOW SHOFCf PL"L\-r VOLlSO, p" 22--J ( ". (31667~ I.I*I~I EXPIRES 9/13/2007 DEVELOPMENT PLANt\m~CClvll Eng"eerlng 20012 120th Avenue NE, Suite #1CJ3TY OF RfNTOj\1 Land SlSveY"g Bothell. Washington 98011 Project Management (425) 415-6144 NOV -8 2005 Public Works Land Planning RECEIVED CITY OF RENTON FILE NO, LUA-04-031-FP DWG: 1062\002\004\PWTS\FINALPLM\FP-02.DWG ~D~A~T~E~:~~~1~0~2~7~0~5~~._~~~~J~O~B~~N~O~.~1~0~6~2_0~0~2~-~0~0~4~~~~~~ DRAWN BY: GSL SHEET 3 OF 3 -----~.----_ .. VOL. PG. JERICHO ESTATES A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE I..AND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO 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, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLJDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED_ FURTHER, THE UNDERSIG~JED OW~lERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESUl.TING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, 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 SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, 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 DESIRES OF SAID OWNERS. UPON THE RECORDING OF THIS PLAT TRACT "A' IS HEREBY GRANTED AND CONVEYED TO THE PLAT OF JERICHO ESTATES HOMEOWNERS' ASSOCIATION (HOA) FOR A STORM DRAINAGE FACILITY. ALL NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACT WILL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS, AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTE[N (18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACT PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATIENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES. IN WinlESS WHEREOF, WE SET OUR HANDS AND SEALS: NORRI5; HO S, INC., A WASHINGTON CORPORATION BY : , PRINTED NAME: J"Oh\l'\ Neff: TITLE PRESIDENT DATE , , HOMESTREET BAo ... " WASHINGTON STATE CHARTERED SAVINGS BANK BY : PRINTED NAME: J Af'te:; oS P. OW~AJ > T DATE S -19-z.oo~ ACKNOWLEDGMENTS STATE OF WASHINGTON ) COU~ITY OF KING ) SS I CERfiFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _~~nA ____ SIGNED THIS INSTRUME,'IT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE PRESIDENT OF NORRIS HOMES, INC., AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. {}. i,._ i DATED 5-/3' -UtJ6t -~if ' I. . . Ii' r ... ";>1' .. -_ ,~t.. -':.. SIGr1ATURE OF I' t'·)· •. <~S5'O",~.. '-9 --, NOTARY PUBLIC \' v'.,;;. .. ) _ 'j) ':. , :;.' 0 0 1 AR '? ". ; ~ '" v \'l Y ,n IT' ~. ~'''' ~f'·z< , ' ?:. <1>' ,cU8~\C, TITLE -::...-' _)' 1 ...) --::.. '9;, ' .. "10 -0.' "-. " MY APPOINTMENT EXPIRES --1['0 "'. .-.;,0 .. -c. ,.. -'r\\\,' -"'..,... r'/J, ...... .J J' .... ,. , I ' .... "./ .... ' STATE OF WASHINGTON ) COU~ITY OF KING ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS I,'ISTRUMENT, ON OATH STATED THAT ~~AS THO~ZED TO EXECUTE THE INSTRUMENT AND ACKNOWI.EDGED IT AS THE Q £lOA __ -\l..JLP.--.J'At,O .OF HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK, AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. _ ... e. d, ,.," ... .,. JUDY L. Kh,.1N . NOTARY PUBLIC ' STAlE OF WASHINGTON COMMISSION EXPIRES .--,;~.I-~_~T.~!_,....4. COVENANT SIGNATURE OF NOTARY PU BLiC ~tF--"""~.u,-/-~=}-!,--p,.Ll.6.l00!'~.£.. PR I NTED NAM E -~:-'--""'''--'''''-'''f--'''''''~-~L-L.''''Y''''''OL...- TITLE t9~ MY APPOI NTMENT B<PIRESO'-_-"'Z'-----'lP'"'""--_-_O=---f-7 ___ _ ALL DETACHED DWELLINGS ARE PROPOSED WITHIN rHE R-l0 ZONING DESIGNATION OF THE PLAT WITH A PER~lITIED DENSITY UP TO 13.00 DulAC. ANY CHANGE TO THE U~IIT MIX SHALL REQUIRE THE DENSITY AND UNIT MIX REQUIREMENTS OF THE R-10 ZONE TO BE COMPLIED WITH AND REVIEWED BY THe: CITY OF RENfON. SEE DECLARATION OF PROTECTIVE COVENANTS FOR JERICHO ESTATES AS RECORDED UNDER KING COU~JTY RECORDING NO. ______________ - ALL LOTS IN THIS SUBDIVISION AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO ESTATES HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDA~ICE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED urmER IWIG GOeHWf REGORBltJG tJUI,IDER THE MINIMUM NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED WITHIN THIS PROPERTY IS 35. ALL SUCH UNITS SHALL BE SINGLE FAMILY DETACHED UNITS ONLY ON INDIVIDUAL RESIDENTIAL LOTS. DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED WITHIN THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCURE FROM THIS SUBDIVISION, BY SIGNING HEREON, COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVSION THEREOF, THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT. APPROVALS: CITY OF RENTON APPROVALS CITY OF RENTON PLANNING / BUILDING j O'IJBLlC WORKSD.t-:P.o'H,1ENT EXAMINED AND APPROVED THIS 2 -:;, Y<. DAY OF M H ? ~.~~~,~------------------- ( CITY OF RENTON EXAMINED AND APPROVED THIS ____ _ DAY OF _____________ _ ATIEST ________________________ _ MAYOR CLERK OF THE COUNCIL CITY OF RENTON FINANCE DIRECTORS CERTIFICATE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROI"ERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL. DATED THIS I '\ +~ r E • 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 COi.LECTI()N ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL. THIS DAY OF 200 __ _ DIRECTOR, KING COUNTY OFFICE OF FINANCE DEPUTY KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS ____ _ DAY OF ___ .~ __________ _ -<ING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NW~BERS 152305-9045, 152305-9019, 152305-9047, 152305-9148, 152305-9033 -----------------------------------------~-.. ----~------- RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON, THIS __ _ DAY OF _____ _ 200 __ , AT __ _ MINUTES PAST ~_ M. AND RECORDED IN VOLUME __ _ OF PLATS. PfI.GES _____ , RECORDS OF KING COUNTY, WASHINGTON. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF "JERICHO ESfATEs" IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREO~l; THAT THE MONUfAENTS WILL BE SET AND THE TRACT AND LOT CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CO~ISTRUCTION IS COMPLETED; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATIING REGU..ATIONS_ GAR IS SECTION 15. T 23 N, R. 5 E, W.M. PRO SSIO . LAND SURVEYOR CERTIFICATION NO_ 31667 EXPIRES 9/13/2007 NW 1/4 OF THE NE 1/4 CONSULTING 20021 120th Avenue NE, Suite #103 Bothell, Washington 916011 (425) 415-6144 ENGINEERS LLC Civil Engineering Land Sl.I'veying ProJtlct Management Publo Works Land Planning DATE : Mo 15, 2006 JOB NO. 1062-002-004 CITY OF RENTON FILE NO. LUA-05-137-FP LND-10-0414 DRAWING NAME 1062\002\004\PLOTS\FINALPLA1\FP-01.DWG DRAWN BY: GSL SHEET 1 OF 3 < o I ,L~_ .... _._.~ .. _________________________ _ VOL. PG. JERICHO ESTATES A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP, 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHII\JGTON FOUND 2.5" BRASS SURFACE DISK WITH PUNCH MARK CITY OF RENTON CONTROL MONUMENT NO. 1851 18.13' EAST AND 0.86' SOUTH OF FOUND NORTH QUARTER CORNER. VISITED 5-05 FOUND ,3" BRASS SURFACE DISK WITH PUNCH WIARK\ VISITED 5-05 N 507704.9362 1 N 88'21'17" N 88'21'13" W W 2623.86'(CITY OF RENTON-1852 TO 1851) 2642.58' (NORTH LINE OF NE QUARTER 15-23--05) E 1 668469. 6 0 1-3 .-<:::-t-J...--:-:-::---c-; 495.42' NE 4TH STREET n ~ 0 N :-0 (!)Q o OJ" nO (DN N..J 0 > w i <{ , Z lOz: crw nU) ow.. 00 z~ -' Q ~ 15 w V) W ~ I f-0 .,;- CALCULATED OF SECTION CENTER 15 A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 15, TOWNSHIP 23N, RANGE 5E, WM SECTION CONTROL MAP SCALE 1" = 400' 1321.26' 400 200 o 400 800 GENERAL NOTES 1) NO DIRECT ACCESS FROM ANY LOT WITHIN THIS PLAT SHALL BE ALLOWED ONTO NE 4TH STREET. 2) NO DIRECT ACCESS FROM ANY LOT WITHIN THE FIRST 150 FEET FROM THE SOUTH CURB OF NE 4TH STREET SHALL BE ALLOWED ONTO HOQUIAM AVENUE NE OR JERICHO AVENUE NE. 3) A 5/8" X 24" REBAR AND PLASTIC CAP MARKED" ESM, INC 35142-31661' SHALL BE SET AT ALL REAR LOT CORNERS AND LOT ANGLE POINTS, EXCEPT AS NOTED. THE INTERSECTION OF LOT LINES WITH STREET IMPROVEMENTS SHALL BE A BRASS TAG MARKED "ESM, INC LS 35142-31667" SET IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE EXTENSION OF THE LOT LINE (OFFSET CORNERS WILL BE DIMENSIONED ON PLAT). LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND SHALL BE SET AS CONSTRUCTION IS COMPLETED. 4) THE ROAD AND STOmA DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITIEN APPROVAL FROM THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. 5) TRACT" A" IS A STORM WATER DETENTION/ WATER QUALITY POND, HEREBY CONVEYED TO THE JERICHO ESTATES HOMEOWNERS' ASSOCIATION UPON RECORDING OF THIS PLAT. 6) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 19 AND 21 SHALL BE FOR THE BENEFIT OF LOTS 21 AND 22. LOTS 21 AND 22 SHALL HAVE RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVD,1ENT WIDTH IS GREATER THAN 20 FEET. 7) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 15, 16, 23 AND 24 SHALL BE FOR THE BENEFIT OF LOTS 23 AND 24. LOTS 23 AND 24 SHALL HAVE RESPONSIBLITY FOR MAII\JTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STOR~~ WATER FACILITIES WITHIN THIS EASDAENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 8) THE PRIVATE ACCESS AND UTILITY EASEMEN r WITHIN LOTS 11, 12, 25 AND 26 SHALL BE FOR THE BENEFIT OF LOTS 25 AND 26. LOTS 25 AND 26 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEfvlE~JT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 9) THE PRIVATE ACCESS AND UTILITY EASEwlENT WITHIN LOTS 27, 28, 31 AND .32 SHALL BE FOR THE BENEFIT OF LOTS 27, 28 AND 29. LOTS 27, 28 AND 29 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESpm-JSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY PARKI~JG ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 10) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 30, 31, 32 . .33, .34, AND 35 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 30. 31, 32, 33, 34 AND 35 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEME~JT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAl mE NANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. fvlAINTENANCE COSTS SH/\LL BE SHARED EQUA1_LY. PARKING ON TI-IE PAVING IN THE .ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 11) LOTS 1 THROUCH 26 AND TRACT" A" HAVE A ZONE DESIGNArION OF R-8. 12) LOTS 27 THROUGII 35 HAVE A ZONE DESIGNATION OF R-10. 13) ALL BUILDING DOWN SPOUTS, FOOTING DRAINS FROM ALL l~lPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERNIANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND l,PPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. 14) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON FOR PUBliC TRANSIT TURN-OUT ACCESS OVER A PORTION OF LOT 26. FOUND 3" BRASS SURFACE DISK WITH PUNCH wlARK, AT INTERSECTION Wlnt 148TH AVE SE CITY OF RENTON CONTROL MONUMENT NO. 1852 LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., If~ KING COUNTY, WASHINGTON; VISITED 5-05 N 507704.9362 E 1668469.6013 1 0 ~ 11 '15 14 ,~ CJ 01 ::-0 (!) Cl.._ ~Ol NO (!) 01 N.,j w 0 if) > w I w <{ ~ j-.... z: .,;-z: :r: " w f-COifj IX) ~ .,;-OLL ~ 00 Z§ Q '-' 15 14 FOUND 1/2" REBAR EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NU~IIBERS 8709280693, 8709280695, 8709280696 AND 8709280697. PARCEL B: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., I~J KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH IIAIJ OF THE ~IORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. AND EXCEPT THE EAST 5 FEET OF THE WEST 10 FEET OF THE EAST 30 FEET PER CITY OF RENTON VACATION VAC-05-005 PER KING COUNTY f~ECORDING NUMBER 20060323000734. PARCEL D: THE NORTH HALF OF THE NORTHEAST QUARTER OF' THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 leEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCEL E: WITH YELLOW PLASTIC CAP STAMPED "CORE 30427" VISITED 5-05 THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. EASEMENT PROVISIONS 1) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, SOOS CREEK WATER AND SEWER, WATER DISTRICT 90, QWEST AND A CABLE T.V. COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, TRAFFIC SIGNAL AND APPURTENANCES, CABLE, PIPELINE AND WIRES, WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC. TELEPHONE, GAS, CABLE N SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. 2) ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO ESTATES HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION. 3) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND G,ERGY, KING COUNTY WATER DISTRICT#90, QUEST, COMCAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES r\ND THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE PUBLIC STREET FRONTAGE OF ALL LOTS AND TRACTS. FURTHER EASEMENTS ARE RESERVED OVER PRIVATE LANDS AS FOLLOWS: THE NORTH 10 FEET OF THE SOUTH 20 F-EET OF LOTS 27 AND 28; THE NORTH 10 FEET OF THE SOUTH 23 FEET OF LOTS 30, 31, AND 32; THE EAST 5 FEET OF LOTS 11 AND 15; THE WEST 5 FEET OF THE EAST 20 FEET OF LOT 19. THE EASEMENTS ARE RESERVED AND GRANTED IN OfmER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESTALS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISIO~J AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSfAISSION, SEWER, WATER, STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEiR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE, CABLE TELEVISION, TELECOfAMUNICATIONS OR DATA TRANSNIISSIO~J USES SHALL BE PLACED OR PERMITIED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALl_ BE PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASEMENT OWNERS. ACCESS EASEMENT WITNESS THAT SAID GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS AND UPON THE PRIVATE DRAINAGE EASEfvlENTS SHOWN ON THE FACE OF THIS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS JERICHO ESTATES FOR THE CITY OF RENTON AS GRANTEE, TO ENTER UPON SAID EASEMENT(S) FOR THE PURPOSE OF OBSERVING AND INSPECTING THE FACILITIES TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID EASEMENT AREA(S). THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE BINDING UPON THE GRANTOR(S), ITS HEIRS, AND ALL SUBSEQUENT OWNER(S) THEREOF, FOREVER. HOME OWNERS ASSOCIATION KNOW BY ALL PEOPLE BE THESE PRESENT THAT WE THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOlvlEOWNER'S ASSOCIATION. NE 4TH STREET L=39.78' N88'21'13"W 84.48' R=25.00' 76.57' 7.91' » I ,6=91'10'26" ~ < 0 /1.=31.83' mO R=20.00' . C ~ ,6=91'10'26" 2.90' Z -..c-III----NOO'28'21"E m ~ (ALONG EASTERLY MARGIN :::::::.. OF HOQUIAM AVE NE) f)-/5'O~ 8' SIDEWALK EASE~IENT 8' WIDE ACCESS PUBLIC TRANSIT EASEMENT DETAIL SCALE 1" = 20' Z 0 q OJ 0 N oo 0 N OJ ~ , fT) < 0 r- U GJ 15) THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON THE PLAT SHALL BE OWNED, OPERATED, AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION CREATED FOR THIS PLAT. THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW. CONSULTING ENGINEERS LLC THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENT TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. CITY OF RENTON FILE NO. LUA-05-137-FP LND-10-0414 -_ ... _---_. -------_._------_ .. _---------------- 9/13/2007 20012 120th Avenue NE. Suite #103 Bothell, Washington 98011 (425) 415-6144 Civil Engineering Land S~veying Projeot Management Pubic Works Land Planning DATE : MAY 15, 2006 JOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLAl\FP-02.0WG DRAWN BY: GSL SHEET 2 OF 3 -. VOL. PG, JERICHO ESTATES A PORTIOi\1 OF THE NW -1/4, NE 1/4 OF SECTION '15, TWP. 23 N., KING COU NTY, WASH If\lGTOi\1 RGE. 5 F., W.M., CITY OF RENTON, SURVEY INSTRUMENTATION -1 - HOQUIAM AVE.NE NOO'28'21" E WEST 5' VACATED PER VACATION NO. VAC-05-005 PER KiNC COUNTY REC. 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LOT {5 LJ-\UFUS J'yjF'J-\DOW SHonT PLJ-\-r VOL-JBO, P. 22-J 100.63' '-'- (/) L();ij {'I)lfl OJ 100.63' ",' LOT 6 o 3: o 1-<') I") ~ '" N N Ix! U) Z ,., '-I llJ r 30' EASEMHIT r@ ~a) « -1 It L; :J CITY OF RENTON FILE NO. LUA-05-137-FP LNO-10-0414 9/13/2007 SURVEY PERFOR~1ED IN CONJUNCTION WITH THIS SURVEY PLAT UTILIZED THE FOLLOWING EqUIPME~IT AND PROCEDURES: 10" TOTAL STATION MAINTAINED TO MANUFACTURER'S SPECIFICATION AS REQUIRED BY WAC-332 -130-100 PROCEDURE USED: FIELD TRAVERSE WITH ACCURACY MEETING OR EXCEEDING THE REQUIRDAENTS OF WAC-332-130-090. SURVEYOR'S NOTES 1. THE PROPERTY DEPICTED AND DESCRIBED HEREON ENCLOSES AN AREA OF APPROXIMATELY 228,668 SQUARE FEET OR 5.37 ACRES. 2_ THE RIGHT-OF -WAY BEING DEDICATED HEREON ENCLOSES AN AREA OF APPROXIMATELY 40,847 SQUARE FEET. BASIS OF BEARING NORTH 88'22'17" WEST BETWEEN CITY OF RENTON CONTROL MONUMENTS C.O.R. NO.1851 AND C.O.R. NO.1852. REFERENCE MAPS RECORD OF SURVEY, VOLUME 41, PAGE 227. RECORDING NO.8409079007, RECORDS OF KING COUNTt, WASHINGTON. RECORD OF SURVEY, VOLUME 94, PAGE 258, RECORDING NO.9309169004, RECORDS OF KING COUNTt. WASHINGTON. RECORD OF SURVEY. VOLUME 145, PAGE 270, RECORDING NO,20010622900002, RECORDS OF KING COU~ITY. WASHINGTON. PLAT OF SIENNA. VOLUME 209, PAGE 18-24, RECORDING NO.20021 009002754, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF PARKSIDE COURT, VOLUME 207, PAGE 100-102, RECORDING NO.20020815001577, RECORDS OF KING COU~ITt, WASHINGTON. LEGEND S -+- • STANDARD CITt OF RENTON MONUMENT IN CASE SET PK NAIL AND WASHER STAMPED "LS 35142 -LS 31667" SET 5/8" X24" REBAR WITH YELLOW PLASTIC CAP STAMPED "ESM. LLC LS 35142 -LS 31667' (R) RADIAL L R ARC LENGTH RADIUS t DELTA ADDRESSES ESMT EASEMENT LOT# STREET ADDRESS CD 10' WIDE UTILITY EJISEMENT. SEE EASEMENT PROVISION NOTE NO.1 SHEET 2 OF 3. 8' WIDE PUBLIC TRANSIT ACCESS EASEMENT. SEE GENERAL NOTE NO.14, SHEET 2 OF 3 AND DETAIL SHEET 2 OF 3. SEE EASEME~IT PROVISION NOTE NO.3 PUBLIC SIDEWALK EASEMENT AROUND NEIGHBORHOOD MAILBOX LOCATIONS. LANDSCAPE EASEMENT MAINTAINED BY JERICHO HOMEOWNERS ASSOCIATION. SHEET 2 OF 3. 17' EAST-WEST BY 22' NORTH-SOUTH. ® LANDSCAPE EASE.MENT MAINTAINED BY JERICHO HOMEOWNERS ASSOCIATION_ NORTH .3.0' OF LOTS 27, 28 AND 29 PLUS NE CORNER OF LOT 27 (SEE DETAIL AT UPPER LEFT THIS SHEET). (J) LANDSCAPE EASEMENT MAINTAINED BY JERICHO HOMEOWNERS ASSOCIATION, NORTH 3.0' OF LOTS 21, 22, 23 AND EAST 65.95' OF LOT 24 AS SHOWN HEREON. CURVE TABLE NUMBER RADIUS ARC LENGTH DELTA ANGLE CI 25.00 38.74 88'47'24" C2 25.00 39.80 91' 12'36" C3 25,00 38.73 88' 46'24" C4 25.00 39.78 91'10'26" C5 25,00 38.35 87'53'57" C6 25.00 38.76 88'50'34" C7 25.00 39.77 9r09'26" i I C8 20.00 31.83 9'!'10'26" SETBACK TABLE 1 5255 2 5243 3 5235 4 5227 5 5221 6 5215 7 5139 8 5133 9 5127 10 5100 1 1 5106 12 5'124 13 5130 14 5136 15 5202 16 5220 17 5226 18 5232 19 5238 20 5256 21 5250 22 5244 23 5214 24 5208 25 5118 26 5112 27 5114 28 5008 29 5002 30 5004 31 5010 32 5016 33 5015 34 5009 35 5003 LOT FRONT YARD REAR YARD 15FT. SIDE YARD ALONG STREET -------,-" .. _------ 1 NE 3RD ST/NORTH SOUTH PROP, LINE JERICHO AV'c.. NE PROP. LINE -- 10 NE 3RD ST/SOUTH i'10RTH ,DROP. LINE HOQUIAIVI AVE. i'IE PROP. LINE 20 NE 3RD ST/SOUTH ~jORTH PROP. LINE JERiCHO AVE. NE PROP. LINE ------. _ .. _--------------------------- r-EAST-PROP. 21 WEST PROP. LI~lE LINE I\jE 4Th STREET FACING 20' ESMi'IT ABUTrlNG JERICHU AVF.. NF. 22 EAST PROP. LINE WEST PROP. LI~IE NE 4TH STREET FACING 20' ESM~n 23 WEST PROP. LINE E.lIST PROP. LINE NE 4TH STREET FACING 20' ESMm ._- 2.<1, EAST PROP. LINE WEST PROP. LI~IE NE 4TH STREET FACING 20' ESM~IT 25 WEST PROP. LI~IE EAST PROP, LINE NE 4TH STREET FACiNG 20' ESM~IT 26 tAST PROP. LINE WEST PROP. LI ~'I E NE 4TH STREET FAClf\IG 20' ESM~IT N " SCALE: 1" = 50' 50' ~ 25' 0--50' 100' N[ 3RD NJ:: 3RD Nt 3RD HE 3RD NE 3RD NE 3RD NE 3RD ~IE 3RO NE 3RD NE 3RD NE 3RD NE 3RD NE 3RD NE 3RD NE 3RD NE 3RD NE 3RO NE 3RD NE 3RD NE 3RD NE 4TH NE 4TH NE 4TH NE 4TH NE 4TH NE 4TH NE 3RD NE 3RD ~IE 3RD ~IE 3RD N[ 3RD N[ 3RD NE 3RD N[ 3RD NE 3RD PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE PLACE STREET STREET STREET STREET STREET STREET CIRCLE CIRCLE CIRCLE PLACE PLACE PLACE PLACE PLACE PLACE < o I , U GJ . CONSULTING ENGINEERS LLC 20012 120th Avenue NE, Suite #103 Bothell, Washington 9801'1 (425) 415-6144 Civil Engineering Land Surveying Project Management Public Works Land Planning DATE : MAY 15, 2006 JOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLAT\FP-02.DWG DRAWN BY: GSL SHEET 3 OF 3 ----------------------_._---. __ .. __ .... -----_. --_ .. ---.-.. JERICHO ESTATES VOL. PG. 13 /t> 19 A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., KING COUNTY, WASHINGTON RGE. 5 E., W.M., CITY OF RENTON, FOUND 2.5" BRASS SURFACE DISK WITH PUNCH MARK CITY OF RENTON CONTROL MONUMENT NO. 1851 18.73' EAST AND 0.86' SOUTH OF FOUND NORTH QUARTER CORNER. VISITED 5-05 FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK, VISITED 5-05 N 507704.9362 1 N 88'21 '17" W 2 ( 623.86' CITY OF RENTON-1852 TO 1851) N 88' 21 • 1 3" W 2642.58' (NORTH LINE OF ~JE QUARTER 15-23-05) E 1 668469.601 3 "::)ooIf-1..--::-::-~ 495.42' NE 4TH STREET n ~ 0 N ;"<5 (f) 0.., cim nO <D C'J ('I ~ 0 > w I -< , Z ~z , W ~(f) n oe... 0 0 z~ 1 w Vl w ~ :r: I-0 '<I- ~ A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 15, TOWNSHIP 23N. RANGE 5E, WM 1321.26' --' 0.. CALCULATED CENTER ~ SECTION CONTROL MAP OF SECTION 15 SCALE 1" = 400' 400 200 o 400 800 GENERAL NOTES 1) NO DIRECT ACCESS FROM ANY LOT WITHIN THIS PLAT SHALL BE ALLOWED ONTO NE 4TH STREET. 2) NO DIRECT ACCESS FROM ANY LOT WITHIN THE FIRST 160 FEET FROM THE SOUTH CURB OF NE 4TH STREET SHALL BE ALLOWED ONTO HOQUIAM AVENUE NE OR JERICHO AVENUE NE. 3) A 5/8"X 24" REBAR AND PLASTIC CAP MARKED "ESIvI. INC 35142-31667" SHALL BE SET AT ALL REAR LOT CORNERS AND I_OT ANGLE POINTS, EXCEPT AS NOTED. THE INTERSECTION OF LOT LINES WITH STREET IMPROVD~ENTS SHALL BE A BRASS TAG MARKED "ESM, INC LS 35142-31667" SET IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE EXTENSION OF THE LOT LINE (OFFSET CORNERS WILL BE DIMENSIONED ON PLAT). LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND SHALL BE SET AS CONSTRUCTION IS COMPLETED. 4) THE ROAD AND STORM DRAINAGE SYSTD~S SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITIEN APPROVAL FROM THE PROPER AGENCY, CURRENTLY RE~JTON DEVELOPMENT SERVICES DIVISION. 5) TRACT "A" IS A STORM WATER DETENTION/ WATER QUALITY POND, HEREBY CONVEYED TO THE JERICHO ESTATES HOMEOWNERS' ASSOCIATION UPON RECORDING OF THIS PI_AT. 6) THE PRIVATE ACCESS AND UTIUTY EASEMENT WITHIN LOTS 19 AND 21 SHALL BE FOR THE BENEFIT OF LOTS 21 AND 22. LOTS 21 AND 22 SHALL HAVE RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENAINCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 7) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 15, 16, 23 AND 24 SHALL BE FOR THE BENEFIT OF LOTS 23 AND 24. LOTS 23 AND 24 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED. UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 8) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 11, 12, 25 AND 26 SHALL BE FOR THE BENEFIT OF LOTS 25 AND 26. LOTS 25 AND 26 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND f~AINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. 9) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 27, 28, 31 AND 32 SHALL BE FOR THE BENEFIT OF LOTS 27, 28 AND 29. LOTS 27, 28 AND 29 SHALL HAVE RESPONSIBLITY FOR MAINTE~IANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTE,NANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED. UNLESS PAVEMEINT WIDTH IS GREATER THAN 20 FEET. 10) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 30, 31, 32, 33, 34, AND 35 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 30, 31, 32, 33, 34 AND 35 SHALL HAVE RESPONSIBLITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES. AND STORM WATER FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED. UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET, 11) LOTS 1 THROUGH 26 AND TRACT" i'\' HAVE A ZONE DESIGNAriON OF R~8. 12) LOTS 27 THROUGH 35 HAVE A ZONE DESIGNATION OF R-1O. 13) ALL BUILDING DOWN SPOUTS, FOOTING DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING PERMIT ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. 14) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON FOR PUBLIC TRANSIT TURIN-OUT ACCESS OVER A PORTION OF LOT 26. FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK, AT INTERSECTION WITH 148TH AVE SE CITY OF RENTON CONTROL MONUMENT NO. 1 U52 LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .• IN KING COUNTY. WASHINGTON; VISITED 5-05 N 507704.9362 E 1668469.6013 15 1 1 14 o N OLL 00 z~ ...J 0.. ~ 15 14 FOUND 1/2" REBAR EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693. 8709280695. 8709280696 AND 8709280697. PARCEL B: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST OUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAS r QUARTER. SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M .. IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15. TOWNSHIP 23 RANGE 5 EAST. W.M .. IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. NORTH, AND EXCEPT THE EAST 5 FEET OF THE WEST 10 FEET OF THE EAST 30 FEET PER CITY OF RENTON VACATION VAC-05-005 PER KING COUNTY RECORDING NUMBER 20060323000734. PARCEL D: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KI~JG COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCEL E: WITH YELLOW PLASTIC CAP STAMPED "CORE 30427" VISITED 5-05 THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. E"ASEMENT PROVISIONS 1) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, SOOS CREEK WATER AND SEWER, WATER DISTRICT 90, QWEST AND A CABLE T.V. CO~lPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS. TRAFFIC SIGNAL AN D APPURTENANCES, CABLE, PIPELINE AND WIRES, WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE TV SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. 2) ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO ESTATES HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEIvIBER OF SAID HOMEOWNER'S ASSOCIATION. 3) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, KING COUNTY WATER DISTRICT#90, QUEST, COMCAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES AND THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE PUBLIC STREET FRONTAGE OF ALL LOTS AND TRACTS. FURTHER EASEMENTS ARE RESERVED OVER PRIVATE LANDS AS FOLLOWS: THE NORTH 10 FEET OF THE SOUTH 20 FEET OF LOTS 27 AND 28; THE NORTH 10 FEET OF THE SOUTH 23 FEET OF LOTS 30, 31. AND 32; THE EAST 5 FEET OF LOTS 11 AND 15; THE WEST 5 FEET OF THE EAST 20 FEET OF LOT 19. THE EASEMENTS ARE RESERVED AND GRANTED IN ORDER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESTALS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC. TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION, SEWER, WATER, STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION USES SHALL BE PLACED OR PERMITIED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASD~ENT OWNERS. ACCESS EASEMENT WITNESS THAT SAID GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS AND UPON THE PRIVATE DRAINAGE EASD~ENTS SHOWN ON THE FACE OF THIS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS JERICHO ESTATES FOR THE CITY OF RENTON AS GRANTEE, TO ENTER UPON SAID EASEMENT(S) FOR THE PURPOSE OF OBSERVING AND INSPECTING THE FACILITIES TO ASSURE THAT THE OWNER(S). THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATING AND IvIAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID EASEMENT AREA(S). THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE BINDING UPON THE GRANTOR(S), ITS HEIRS, AND ALL SUBSEQUENT OWNER(S) THEREOF, FOREVER. HOME OWNERS ASSOCIATION KNOW BY ALL PEOPLE BE THESE PRESENT THAT WE THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION. NE 4TH STREET N88'21 '13"W 84.48' L=39.78' 76.57' R=25.00· » I 6=91'10'26" ,..--- < 0 / L=31.83' mO R=20.00· . C Y 6=91'10'26" 2.90' Z -..t"~--NOO'28'21"E m ~ (ALONG EASTERLY MARGIN ~ OF HOQUIAM AVE NE) 0-/5 8' SIDEWALK EASEMENT 8' WIDE ACCESS PUBLIC TRANSIT EASI::MENT DETAIL SCALE 1" = 20' 7.91 ' z 0 q m 0 N OJ 0 N m ~ , JTI < 0 I • lJ G) 15) THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON THE PLAT SHAI.L BE OWNED, OPERATED, AND MAINTAINED BY THE HOlvlEOWNER'S ASSOCIATION CREATED FOR THIS PLAT. THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW. CONSULTING ENGINEERS LLC THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENT TO REPAIR ANY DEFiCIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENI',NCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. CITY OF RENTON FILE NO. LUA-05-137-FP LNO-10-0414 EXPIRES 9/13/2007 20012 120th Avenue NE. Suite #'103 Bothell, Washington 98011 (425) 415-8144 I.I*I~I Civil Engineering Land Surveying Projeot Management Public Works Land Planning DATE : MAY 15, 2006 UOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLAT\FP-02.DWG DRAWN BY: GSL SHEET 2 OF 3 ------------------------------------------------------------------------------------------------------------------------------------------------ I w (f) L5 w -' « u Vl U) I. 1-t:;J ZW -0:: I' I-~ _Vl 5:, i-i-ov -' !....LJ >-Z /' <0 i-:;;:Z 00 0:: '-'-0 W (l) $: (/)0 W-' U-' U« «w I-m U (f) W.-' W a:::;i OI I-Vl o ~~ Z -:=:0.. 142nd Av. SE 20060530f>c>r'r7~ JERICHO ESTATES A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. KING COUNTY, WASHINGTON HOQUIAM AVE, NE ul NOO"28'21"E \ ., WEST 5' VACATED PER VACATION NO. VAC-OS-005 PER KING COUNTY REC. NO. 20060323000734 U 62.24' --... -.. ------------------~.-.-------. ---- -~- /Y':" I"- JERICHO AVENUE NE ~ Ii£? . 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PG. 23'-{ ~~O 5 E., W.M., CITY OF RENTON, SURVEY INSTRUMENTATION SURVEY PERFORMED IN CONJUNCTION WITH THIS SURVEY PLAT UTILIZED THE FOLLOWING EQUIPMENT AND PROCEDURES: 10" TOTAL STATION MAINTAINED TO MANUFACTURER'S SPECIFICATION AS REQUIRED BY WAC-332-130-100 PROCEDURE USED: FIELD TRAVERSE WITH ACCURACY MEETING OR EXCEEDING THE REQUIREMENTS OF WAC-332-130-090. SURVEYOR'S NOTES 1. THE PROPERTY DEPICTED AND DESCRIBED HEREON ENCLOSES AN AREA OF APPROXIMATELY 228,668 SQUARE FEET OR 5.37 ACRES. 2. THE RIGHT-OF-WAY BEING DEDICATED HEREON ENCLOSES AN AREA OF APPROXIMATELY 40,847 SQUARE FEET. BASIS OF BEARING NORTH 88'22'17" WEST BETWEEN CITY OF REmON CONTROL 'MONUMENTS C.O.R. NO.1851 AND C.O.R. NO.1852. REFERENCE MAPS RECORD OF SURVEY, VOLUME 41, PAGE 227, RECORDING NO.8409079007, RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 94, PAGE 258, RECORDI~IG NO.9309169004, RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 145, PAGE 270, RECORDINC NO.20010622900002, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF SIENNA, VOLUME 209, PAGE 18-24, RECORDING NO.20021 009002754, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF PARKSIDE COURT, VOLUME 207, PAGE 100-102, RECORDING NO.20020815001577, RECORDS OF KING COUNTY, WASHINGTO~1. LEGEND S -+- STANDARD CITY OF RENTON MONUMENT IN CASE SET PK NAIL AND WASHER STAMPED "LS 35142 -I_S 31667" SET 5/8" X24" REBAR WITH YELLOW PLASTIC CAP STAMPED "ESM, LLC LS 35142 ~ LS31661' • (R) b. RADIAL L ARC LENGTH ADDRESSES R RADIUS DELTA ESMT LgIiL STREET AD[)F~ESS 5255 EASEMENT CD 10' WIDE UTILITY EASEMENT. SEE EASEMENT PROVISION NOTE NO.1 SHEET 2 OF 3. 8' WIDE PUBLIC TRANSIT ACCESS EASEMENT. SEE GENERAL NOTE NO.14, SHEET 2 OF 3 AND DETAIL SHEET 2 OF 3. SEE EASEMENT PROVISION ~IOTE NO.3 SHEET 2 OF 3. PUBLIC SIDEWALK EASEMENT AROUND NEIGHBORHOOD MAILBOX LOCATIONS. LANDSCAPE EASEMENT MAII'HAINED BY JERICHO HOMEOWNERS ASSOCIATION. 17' EAST-WEST BY 22' NORTH-SOUTH. ® LANDSCAPE EASEMENT MAINTAINED BY JERICHO HOMEOWf\IERS ASSOCIATION. NORTH 3.0' OF LOTS 27, 28 AND 29 PLUS NE CORNER OF LOT 27 (SEE [)ETAIL AT UPPER LEFT THIS SHEET). CV LANDSCAPE EASEMENT MAINTAINED BY JERICHO HOMEOWNERS ASSOCIATION. NORTH 3.0' OF LOTS 21, 22, 23 AND EAST 65.95' OF LOT 24 AS SHOWN HEREON. CURVE TABLE NUMBER RADIUS ARC LENGTH DELTA ANGLE C1 25.00 38.74 88'47'24" C2 25.00 39.80 91"12'36" C3 25.00 38.73 88' 46'24" I C4 25.00 39.78 91'1 0' 2 6" C5 25.00 38.35 87"53'57" C6 25.00 38.76 88' 50' 34" C7 25.00 39.77 91"09'26" I C8 20.00 31.83 9 r '10'26" SETBACK TABLE . 1 NE 3RD PLACE 2 5243 NE 3RD PLACE 3 5235 NE 3,W P!LACE 4 5227 NE 3RD PLACE 5 5221 NE 3FW PLACE 6 5215 NE .3'W PLACE 7 5139 NE 3RD PLACE 8 5133 NE 3RD PLACE 9 5127 NE 3RD PLACE 10 5100 NE 3RD PLACE 1 1 5106 NE 3RD PLACE 12 5124 ME 3RD PLACE 13 5130 NE 3RD PLACE 14 5136 NE 3RD PLACE 15 5202 NE 3RD PLACE 16 5220 NE 3RD PLACE 17 5226 NE 3RD PLACE 18 5232 NE 3RD PLACE 19 5238 NE 3RD PLACE 20 5256 NE 3RD PLACE 21 5250 NE 4TH STREET 22 5244 ME 4TH STREET 23 5214 NE 4TH STREET 24 5208 ME 4TH STREET 25 5118 ME 4TH STREET 26 5112 NE 4TH STREET 27 5114 NE .3RD CIRCLE 28 5008 NE .3RD CIRCLE 29 5002 ME .3RD CIRCLE 30 5004 NE 3RD PLACE 31 5010 NE 3RD PLACE 32 5016 ME .3RD PLACE 33 5015 NE 3RD PLACE 34 5009 NE 3RD PLACE 35 5003 ME 3RD PLACE LOT FRONT YARD REAR YARD 15FT. SIDE YARD I ALONG STREET 1 NE 3RD ST /NORTH SOUTH PROP. LINE JERICHO AVE. NE PROP. LINE 10 NE 3RD ST/SOUTH NORTH PROP. LINE HOQU lAM AVE. NE PROP. LINE -~ 20 NE 3RD ST /SOUTH NORTH PROP. LINE JERICHO AVE. NE PROP. UNE --_._--- 21 WEST PROP. LINE EAST PROP. LINE NE 4TH STREET I FACING 20' ESN1NT ABUTIING ,JERICHO AVE. NE 22 EAST PROP. LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT 23 WEST PROP. LINE I EAST PROP. LINE NE 4TH STREET I FACING 20' ESMNT I 24 EAST PROP. LINE I WEST PROP. LINE NE 4TH STREET FACING 20' ESM[\IT I 25 WEST PROP. LINE I EAST PROP. LINE NE 4TH STREET FACI[\IG 20' ESMNT I 26 LINE NE 4TH STREET I EAST PROP. LINE I WEST PROP. FACING 20' ESMNT N < o r "...." , SCALE: 1" = 50' \J o ~ 50' 25' 0 50' 100' CONSULTING ENGINEERS LLC 20012 120th Avenue NE, Suite #103 Bothell, Washington 98011 (425) 415-6144 CivD Engineeri1g Land Surveying Project Management Public Works Land Planning CITY OF RENTON FILE NO. LUA-05-137-FP LNO-10-0414 9/13/2007 DATE : MAY 15, 2006 JOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLAT\FP-02.DWG DRAWN BY: GSL SHEET 3 OF 3 ~005053000 I q1i JERICHO ESTATES A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE 8Y THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO 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, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE 00 HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY A~ID ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH ~AAY 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 U~IDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, 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 SUBSURFACE WATER FLOWS WITHIN THIS SUBDiVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION PROVIDED, 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 DESIRES OF SAID OWNERS. UPON THE RECORDING OF THIS PLAT TRACT" A" IS HEREBY GRANTED AND CONVEYED TO THE PLAT OF JERICHO ESTATES HOMEOWNERS' ASSOCIATION (HOA) FOR A STORM DRAINAGE FACILITY. ALL NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACT WILL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS, AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (10) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIOED OWNEF<SHIP INTEREST IN fHE TRACT PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATIENDANT FINANCIAL AND MAINTENANCE RESPONSIBILI flES. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS NORRIS HmM , INC., A WASHINGTON CORPORATION • BY : PRINTED NAtv1E : TITLE: PRESIDENT Hm~ESTREET ASHINGTON STATE CHARTERED SAVINGS BANK BY : PRINTED NAME : :JAMc~ \\. ().,.J€iJ.s ACKNOWLEDGMENTS STATE OF WASHINGTON ) COUNTY OF KING ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT J.AJ It-ft_~~ __ SIGNED THIS INSTRUMOn, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE PRESIDENT OF NORRIS HOMES, INC., AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. STATE OF WASHINGTON ) COUNTY OF KING ) SS DATED _---'"5L.---=-I.JLf_·-'2tJ""""".I£~_"fV=__ _____ _ SIGNATURE OF ~ • ~ JJ/ NOTARY PUBLIC ~aac ~4VVaa.,.UIJ PR!NTm NAMF ~~~ !tk;Y/n TITLE ndta MY APPOINTMENT EXPIRES 11-/12,. t:> ;Z I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _ ~ ____ C!l~ SIGNED THIS INSTRUMENT, ON OATH STATED ~SH~A~ .",JtORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS TH~ 0Q, ¥~ fJaCj). OF HO~1ESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS ANK, AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. JUDY L. KROHN -',+-.... - •• NOTARY PUBLIC Sf ATE OF WASHINGTON COMMISSION EXPIRES .~~A,;;;:U~T F 107....-.,,",,- COVENANT DATED 5 -I ~ -D i.6 SIGNATURE OF NOTARY PUBLIC ~f'Lr..cLL."""'----JQ--,--...i~~m~~~ PRINTED NAME ---'!~~~~~~~_J'5.J:Ul\JLL __ TITLE 19 ~'4rr MY APPOINTMENT EXPIRESO"."-_ .... !f.L----'/,""'----=~:.....?+_---- ALL DETACHED DWELLINGS ARE PROPOSED WITHIN THE R-10 ZONING DESIGNATION OF THE PLAT WITH A PERMITTED DENSITY UP TO 13.00 DU/ AC ANY CHANGE TO THE UNIT MIX SHALL REQUIRE THE DENSITY AND UNIT MIX REQUIREMENTS OF THE R-10 ZONE TO BE COMPLIED WITH AND REVIEWED BY THE CITY OF RENTON. SEE DECLARATION OF PROTECTIVE COVENANTS FOR JERICHJ;l ESTATES AS RECORDED UNDER r<ING COUNTY RECORDING No..2.aaf.1l5:J.O-J:U)197~ AI_L Lors IN THIS SUBDIVISION AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO ESTATES HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDA~ICE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED U'4DER 1(1~IG COU~W( RECORDING I/UIJIOER THE MINIMUM NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED WITHIN THIS PROPERTY IS 35. ALL SUCH UNITS SHALL BE SINGLE FAMILY DETACHED UNITS ONLY ON INDIVIDUAL RESIDENTIAL LOTS. DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED WITHIN THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCURE FROM THIS SUBDIVISION, BY SIGNING HEREON, COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVSION THEREOF, THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT. APPROVALS: CITY OF RENTON APPROVALS CITY OF RENTON PLANNING I BUILDING /Rt:YBLIC WORKS DEPARTMENT EXAMINED AND APPROVED THIS.. 2:3 DAY OF --I-1'1'-'-+*Ii-l-,y"------------- CITY OF RENTON EXAMINED AND APPROVED THIS --,~~(p=-t/t __ "Q,~~ ATTEST ___ i.~·~_LJ~} ...... CLERK OF THE COUNCIL CITY OF RENTON FINANCE DIRECTORS CERTIFICATE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREI~J CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL. 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 ,HE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL. THIS ~O.,.. DAY OF MO 1 _ 200...0 '- P \\i\ St>.rtd" V'S ~..c.~CiW.IfI'~·""--\.I ----~ DIRECTOR, KING COUNTY OFFICE OF FINANCE L/!oEPUTY Scoil Noble KING COUNTY ASSESSOR RECORDING CERTIFICATE ..3 /lJ lvo FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON, THIS () DAY OF "141 200-k. AT 41 MINUTES PAST ;2:-0 ~~. AND RECORDED IN VOLUME 2,3e.! OF PLATS. PAGES ~n -o:gl) ,RECORDS OF KING COUNTY, WASHINGTON. {(il /J () r --. ~'.// .: ~. J. .' /f" ~~ Ji, ,r/VT ... ./ (1 .A""/~:., .... < ~-'''''4 ' '--. .I) (,., .... oS I( IJ e;" IA -It!! I,dJtrA/t err Jt £"'"~ D.c 45 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF "JERICHO ESTATES" IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE TRACT AND LOT CORNERS WILL BE STAKED CORRECTLY O~I THE GROUND AS CONSTRUCTION IS COMPLETED; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. SECTION 15, T. 23 N., R. 5 E., W.M. 5-/5-oc;, 9/13/2007 NW 1/4 OF THE NE 1/4 CONSULTING 20021 120th A venue NE, Suite #103 Bothell, Washington 98011 (425) 415-6144 ENGINEERS LLC Civil Engineering Land Surveying Project Management PubRc Works Land Planning DATE : Ma 15, 2006 JOB NO. 1062-002-004 CITY OF RENTON FILE NO. LUA-05-137-FP LNO-10-0414 DRAWING NAME 1062\002\004\PLOTS\FINALPLAl\FP-01.DWG DRAWN BY: GSL SHEET 1 OF 3 • , < o I U GJ MAR 02 REC'O ! PLAN REVIEW J ,~--,------I VOL, PG, JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO 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, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER, THE UNDERSIGNED OW~JERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, 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 SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, 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 DESIRES OF SAID OWNERS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: NORRIS HOMES, INC., A WASHINGTON CORPORATION BY : PRINTED NAME TITLE PRESIDENT DATE HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK BY : PRINTED NAME TITLE DATE ACKNOWLEDGMENTS STATE OF WASHINGTON ) COUNTY OF KING ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ___________________ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE PRESIDENT OF NORRIS HOMES. INC., AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. STATE OF WASHINGTON ) COUNTY OF KING ) SS DATED __________________ _ SIGNATURE OF NOTARY PUBLIC PRINTED NAME _______________ _ TITLE MY APPOINTME~IT EXPIRES I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _________________________ _ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE _____________________ OF HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK, AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MEt'-ITIONED IN THE INSTRUMENT. DATED ___________________________________ _ SIGNATURE OF NOTARY PUBLIC ______________ _ PRINTED NAME _______________ _ TITLE MY APPOINTMENT EXPIRES APPROVALS: CITY OF RENTON APPROVALS CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS DEPARTMENT EXAMINED AND APPROVED THIS DAY OF ____________ _ ADMINISTRATOR CITY OF RENTON EXAMINED AND APPROVED THIS _____ DAY OF ____________ _ AITEST ________________________ _ MAYOR CLERK OF THE COUNCIL CITY OF RENTON FINANCE DIRECTORS CERTIFICATE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL. DATED THIS ___ _ DAY OF ____________ _ FINANCE DIRECTOR 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 200 __ . DIRECTOR, KING COUNTY OFFICE OF FINANCE DEPUTY KING COUNTY DEPARTMENT OF ASSESSMENIS----·---------- EXAMINED AND APPROVED THIS _____ DAY OF _____________ 200 __ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBERS 152305-9045, 152305-9019. 152305-9047, 152305-9148, 152305-9033 ---------------------------------------------------- RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON, THIS __ _ DAY OF _____ _ 200 __ , AT __ _ MINUTES PAST __ M. AND RECORDED IN VOLUME __ _ OF PLATS, PAGES _____ , RECORDS OF KING COUNTY, WASHINGTON. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF .. JERICHO" IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 15, TOWNSHIP 23 NORTH, RA~JGE 5 EAST, WILLAMEITE MERIDIAN; THAT THE COURSES AND DISTA~jCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE TRACT AND LOT CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLAITING REGULATIONS. GARY STEVEN LEWIS PROFESSIONAL LAND SURVEYOR CERTIFICATION NO. 31667 SECTION 15. T. 23 N., R. 5 E., W.M. ~JW 1/4 OF THE NE 1/4 , z-28-CJ(P 9/13/2007 CONSULTING ENGINEERS LLC < o I • ESM I.I*I~I 20021 120th Avenue NE. Suite #103 Bothell, Washington 98011 (425) 415-6144 CIvil Englneeri1g Land Surveying ProJeot Management Publlo Works Land Planni1g CITY OF RENTON FILE NO. LUA-05-137-FP LNO-10-0414 DATE : 02-22-06 JOB NO. 1062-002-004 DR~ING NAME 1062\00~00~PLOT~FINALP~FP-01.DWG~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ DRAWN BY: GSL SHEET 1 OF 3 VOL. PG. JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON FOUND 2.5" BRASS SURFACE DISK WITH PUNCH MARK CITY OF RENTON CONTROL MONUMENT NO. 1851 18.73' EAST AND 0.86' SOUTH OF FOUND NORTH QUARTER CORNER. VISITED 5-05 ;--__ N 507779.5084 E 1665846.8012 FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK\ VISITED 5-05 N 507704.9362 1 N 88'21 '1 7" W N 88'21'13" W 26 2623.86'(CITY OF RENTON-1852 TO 1851) 42.58' (NORTH LINE OF NE QUARTER 15-23-05) E 1 668469.601 3 ....::)011~--;-:~-:-=-, 495.42' NE 4TH n ~ 0 C'J ;.--0 (Do. cim 1"')0 tON N.J §2 WI ~ ln2: ,..2: • w ~<n bu.. 00 2:'5 0. '-' 1 W (f) w ~ I f-0 ,.. ~ CALCULATED OF SECTION CENTER 15 A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 15, TOWNSHIP 23N. RANGE 5E, WM SECTION CONTROL MAP SCALE 1" = 400' 1321.26' COYENANT 400 200 a 400 800 ALL DETACHED DWELLINGS ARE PROPOSED WITHIN THE R-10 ZONING DESIGNATION OF THE PLAT WITH A PERMITTED DENSITY UP TO 13.00 DU/AC. ANY CHANGE TO THE UNIT MIX SHALL REQUIRE THE DENSITY AND UNIT MIX REQUIREMENTS OF THE R-10 ZONE TO BE COMPLIED WITH AND REVIEWED BY THE CITY OF RENTON. SEE DECLARATION OF PROTECTIVE COVENANTS FOR JERICHO AS RECORDED UNDER KING COUNTY RECORDING NO. ______________ . ALL LOTS IN THIS SUBDIVISION AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER ________________ . THE MINIMUM NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED WITHIN THIS PROPERTY IS 35. ALL SUCH UNITS SHALL BE SINGLE FAMILY DETACHED UNITS ONLY ON INDIVIDUAL RESIDENTIAL LOTS. DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED WITHIN THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCURE FROM THIS SUBDIVISION, BY SIGNING HEREON, COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO, ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVSION THEREOF, THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT. HOME OWNERS ASSOCIATION KNOW BY ALL PEOPLE BE THESE PRESENT THAT WE THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID ASSOCIATION. UPON THE RECORDING OF THIS PLAT TRACT" A' IS HEREBY GRANTED AND CONVEYED TO THE PLAT OF JERICHO HOMEOWNERS' ASSOCIATION (HOA) FOR A STORM DRAINAGE FACILITY. ALL NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACT WILL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS, AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS. THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACT PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES. GENERAL NOTES 1) NO DIRECT ACCESS FROM ANY LOT WITHIN THIS PLAT SHALL BE ALLOWED ONTO NE 4TH STREET. 2) NO DIRECT ACCESS FROM ANY LOT WITHIN THE FIRST 160 FEET FROM THE SOUTH CURB OF NE 4TH STREET SHALL BE ALLOWED ONTO HOQUIAM AVENUE NE OR JERICHO AVENUE NE. 3) A 5/8"X 24" REBAR AND PLASTIC CAP MARKED" ESM, INC 35142-31667" SHALL BE SET AT ALL REAR LOT CORNERS AND LOT ANGLE POINTS, EXCEPT AS NOTED. THE INTERSECTION OF LOT LINES WITH STREET IMPROVEMENTS SHALL BE A BRASS TAG MARKED "ESM, INC LS 35142-31667" SET IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE EXTENSION OF THE LOT LINE (OFFSET CORNERS WILL BE DIMENSIONED ON PLAT). LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND SHALL BE SET AS CONSTRUCTION IS COMPLETED. 4) THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. 5) TRACT "A" IS A STORM WATER DETENTION/ WATER QUALITY POND, HEREBY CONVEYED TO THE JERICHO HOMEOWNES' ASSOCIATION UPON RECORDING OF THIS PLAT. 6) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 19 AND 21 SHALL BE FOR THE BENEFIT OF LOTS 21 AND 22. LOTS 21 AND 22 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAIO EASEMENT. 7) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 15, 16, 23 AND 24 SHALL BE FOR THE BENEFIT OF LOTS 23 and 24. lOTS 23 AND 24 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 8) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 11, 12, 25 AND 26 SHALL BE FOR THE BENEFIT OF lOTS 25 and 26. LOTS 25 AND 26 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 9) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 27, 28, 31 AND 32 SHALL BE FOR THE BENEFIT OF LOTS 27, 28 AND 29. LOTS 27, 28 AND 29 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 10) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 30, 31, 32, 33, 34, AND 35 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 3D, 31, 32, 33, 34 AND 35 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 11) LOTS 1 THROUGH 26 AND TRACT "A" HAVE A ZONE DESIGNATION OF R-8. 12) LOTS 27 THROUGH 35 HAVE A ZONE DESIGNATION OF R-10. FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK, AT INTERSECTION WITH 148TH AVE SE CITY OF RENTON CONTROL MONUMENT NO. 1552 VISITED 5-05 N 507704.9362 E 1668469.6013 10 1 1 15 14 15 14 FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 30427' VISITED 5-05 LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M .• IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693. 8709280695, 8709280696 AND 8709280697. PARCEL 8: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER. SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M., IN KING COUNTY. WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M .• IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCEL D: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY. WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 f'EET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCEL E: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. EASEMENT PROVISIONS 1) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, SOOS CREEK WATER AND SEWER, WATER DISTRICT 90, QWEST AND A CABLE T.V. COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, TRAFFIC SIGNAL AND APPURTENANCES, CABLE, PIPELINE AND WIRES, WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE TV SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. 2) ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION. 3) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, KING COUNTY WATER DISTRICT#90, QUEST, COMCAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES AND THE EXTERIOR 1 Q FEET PARALLEL WITH AND ADJOINING THE PUBLIC STREET FRONTAGE OF ALL LOTS AND TRACTS. FURTHER EASEMENTS ARE RESERVED OVER PRIVATE LANDS AS FOLLOWS: THE NORTH 10 FEET OF THE SOUTH 20 FEET OF LOTS 27 AND 28; THE NORTH 10 FEET OF THE SOUTH 23 FEET OF LOTS 30, 31, AND 32; THE EAST 5 FEET OF LOTS 11 AN D 15; THE WEST 5 FEET OF THE EAST 20 FEET OF LOT 19. THE EASEMENTS ARE RESERVED AND GRANTED IN ORDER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESTALS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION, SEWER, WATER, STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIElLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION USES SHALL BE PLACED OR PERMITTED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASEMENT OWNERS. ACCESS EASEMENT WITNESS THAT SAID GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS AND UPON THE PRIVATE DRAINAGE EASEMENTS SHOWN ON THE FACE OF THIS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS JERICHO FOR THE CITY OF RENTON AS GRANTEE, TO ENTER UPON SAID EASEMENT(S) FOR THE PURPOSE OF OBSERVING AND INSPECTING THE FACILITIES TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID EASEMENT AREA(S). THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE BINDING UPON THE GRANTOR(S), ITS HEIRS, AND ALL SUBSEQUENT OWNER(S) THEREOF, FOREVER. NE 4TH STREET L=39.78' N88'21'13"W 84,48' R=25.00' » I ,6=91'10'26" <0 /L~.83· 76.57' 1 N8~21'13"W52.42; 7.91' n 2: 0 mO R=20.00' (j 6=91'10'26" I C I z-m~ 2.90' .1::"" .... --NOQ'28'21"E (ALONG EASTERLY MARGIN OF HOQUIAM AVE NE) 8' SIDEWALK EASEMENT LC)T 26 8' WIDE PUIBLIC TRANSIT ACCESS EASEMENT DETAIL SCALE 1" = 20' q 01 N 0 CXl 0 N 01 ~ , rrJ < 0 I -0 G) . 13) ALL BUILDING DOWN SPOUTS, FOOTING DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. ESM CONSULTING ENGINEERS LLC 14) A~J EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON FOR PUBLIC TRANSIT TURN-OUT ACCESS OVER A PORTION OF LOT 26. CITY OF RENTON FILE NO. LUA-05-137-FP LND-10-0414 EXPIRES 9/13/2007 20012 120th Avenue NE. Suite #103 Bothell, Washington 980111 (425) 415-6144 Civil Engineering Land Surveying Project Management PubIc Works Land Planring DATE : 02-27-06 JOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLAT\FP-02.DWG DRAWN BY: GSL SHEET 2 OF 3 r---------------------------------------------------------------------------------------------------------------------------------~~V~O~L~~P~G~------~ , , 142nd Av, SE JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP, 23 N., RGE. KING COUNTY, WASHINGTON 10' WIDE ROAD EASEMENT PER RECORDING NO. 8710061104 (WEST 5' VACATED PER VACATION #VAC-05-005) 5' WIDE ADDITIONAL R.O.W. TO BE DEDICATED TO CITY OF RENTON UPON RECORDING OF THIS PLAT -~~--~--.. ---------,---------------- tf) N JERICHO AVENUE NE N 00'25'1;''' E 286,45' tf) N --NOO'25'11" E 102.42' -------~ - /:;-~ -.... 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' 34.58' 65.00' 66.51' 1--------- NOO'28'21"E +6,75' 99.58' NOO'28'21" E ;... o Q.75· 30' EASEMENT ZONEDR-8 170.60' HOQUIAM AVE.NE 113.02' ~ ~------~~~~~~------------------~~-------~------~------------------ZONED R-10 NOO'28'21" E 283.62' (PUBLIC STREET) NOO'28'21"E +6.75' '262.54' +6.75' , a o tf) N 1S.75' 62.~4·1 "-....I 99.67' . ~r 100.63' I'--~ 1 I~~J ~~ -C\J-~-I'-l-I.....J-· ;01 ~ --r -~-: C\J 0 () Nq Si~ ('I') ~ a. Nq i::3 e ~ ~ 0 ~ a: ~m "'~ ~ f'I~ «f-,.~ 0; m n NOO'28'2~"E If 1 iz~ NOO'28,21 :tE ~ ~~.I..-~iz~~::---!N~0:::.Ow'2 ... 8w'2=_:1-"=-t-__iva§ u.: 86.33' '0 I ~~ 99.67' t..: CY) 3: -;f:: 100.63' UI ~N'" r') w...J vi 1 w I w-' ,.' ro -H L.I.. ~o Qf-,... -H, n, 01-~ '0:> 8 C\J:: n ('I') N q 3: ::J (t) tf) Z ::-8 3::J (f);:> r') r---W C'Jn "0 ~ i::j,.,) ~ _ Q ~ ~ C! M v n 86.33' Z !XlzlrJ.,r, __ ~~ v' Cov (!)Z \'J ~ r;;::- NOO' 28' 21" E ol.lN"",O..,O·,4 ?'~: R" 2~1~" 1"~9~9..:..!. 6,w7;.,.· +-f~F?i~ __ N...lN:!16~0~· 2~~R~" ?~1!-.. L E-..::!v:..' _-lti:J . IrJ 96.33' 89.67' 100.63' 00 3: LL 3: LL IJ) m-H C\J:;;: (!) 96.33' v • ~ LL Z nUl" ~B g~ 0 ..1..1 ~~ 1 ~~!Xl 'W U j!Xlz(X)V j ~ v iN.fiT 100.63' v N 0'29'09" E LOT 2 286,62' LO-r {5 LJ-\UHl'S ]vJE:J-\DOW SHOFer PLJ-\-r VOL~JBO, P. 22~J Ct LL1 I- 30' EASEMENT r® ~o ~ ~1 LL, 2 =:l EXPIRES 9/13/2007 5 E., W.M., CITY OF RENTON, SURVEY INSTRUMENTATIO~ SURVEY PERFORMED IN CONJUNCTION WITH THIS SURVEY PLAT UTILIZED THE FOLLOWING EQUIPMENT AND PROCEDURES: 1 rJ' TOTAL STATION MAINTAINED TO MANUFACTURER'S SPECIFICATION AS REQUIRED BY WAC-332-130-100 PROCEDURE USED: FIELD TRAVERSE WITH ACCURACY MEETING OR EXCEEDING THE REQUIREMENTS OF WAC-332-130-090. SURVEYOR'S NOTES 1. THE PROPERTY DEPICTED AND DESCRIBED HEREON ENCLOSES AN AREA OF APPROXIMATELY 228,668 SQUARE FEET OR 5,37 ACRES, 2. THE RIGHT-OF-WAY BEING DEDICATED HEI~EON ENCLOSES AN AREA OF APPROXIMATELY 40.847 SQUARE FEET. BASIS OF BEARING NORTH 88'22'11' WEST BETWEEN CITY OF RENTON CONTROL MONUMENTS C.O.R. NO.1851 AND C.O.R. NO.1852. REFERENCE MAPS RECORD OF SURVEY. VOLUME 41. PAGE 227, RECORDING NO.8409079007. RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY. VOLUME 94, PAGE 258, RECORDING NO.9309169004 • RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 145. PAGE 270, RECORDING NO.20010622900002, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF SIENNA, VOLUME 209, PAGE 18-24, RECORDING NO.20021 009002754, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF PARKSIDE COURT. VOLUME 207. PAGE 100-102. RECORDING NO.2002081500 1577, RECORDS OF KING COUNTY, WASHINGTON. LEGEND ~ -+- STANDARD CITY OF RENTON MONUMENT IN CASE SET PK NAIL AND WASHER STAMPED "LS 35142 -LS 31667" • (R) SET 5/8" XU' REBAR WITH YELLOW PLASTIC CAP STAMPED "ESM. LLC LS 35142 -LS 31661' ADDRESSES r:, L RADIAL DELTA ARC LENGTH R RADIUS ESMT EASEMENT 10' WIDE UTILITY EASEMENT. SEE EASEMENT PROVISION NOTE NO.1 SHEET 2 OF 3. 8' WIDE PUBLIC TRANSIT ACCESS EASEMENT. SEE GENERAL NOTE NO.14, SHEET 2 OF 3 AND DETAIL SHEET 2 OF 3. @ ® SEE EASEMENT PROVISION NOTE NO.3 SHEET 2 OF 3. PUBLIC SIDEWALK EASEMENT AROUND NEIGHBORHOOD MAILBOX LOCATIONS. @ LANDSCAPE EASEMENT MAINTAINED BY JERICHO HOMEOWNERS ASSOCIATION. 17' EAST-WEST BY 22' NORTH-SOUTH. CURVE TABLE NUMBER RADIUS ARC LENGTH DELTA ANGLE C1 25.00 38.74 88' 47'24" C2 25.00 39.80 91'12'36" C3 25.00 38.73 88' 46'24" C4 25.00 39.78 91'10'26" C5 25.00 3S.35 87'53'57" C6 25.00 3S.76 88'50'34" C7 25.00 39.77 91'09'26" CS 20.00 31.83 91'10'26" SETBACK TABLE LOT FRONT YARD REAR YARD 1 NE 3RD STjNORTH SOUTH PROP. LINE PROP. LINE 10 NE 3RD STjSOUTH NORTH PROP. LINE PROP. LINE 20 NE 3RD STjSOUTH NORTH PROP. LINE PROP. LINE 21 WEST PROP. LINE EAST PROP. LINE FACING 20' ESMNT ABUTTII'IG JERICHO AVE. NE 22 EAST PROP. LINE WEST PROP. LINE FACING 20' ESMNT 23 WEST PROP. LINE EAST PROP. LINE FACING 20' ESMNT 24 EAST PROP. LINE WEST PROP. LINE FACING 20' ESMNT 25 WEST PROP. LINE EAST PROP. LINE FACING 20' ESMNT 26 EAST PROP. LINE WEST PROP. LINE FACING 20' ESMNT N---ee"~ LOT# STREET ADDRESS 1 5255 NE 3RD PLACE 2 5243 ~IE 3RD PLACE 3 5235 NE 3RD PLACE 4 5227 NE 3RD PLACE 5 5221 NE 3RD PLACE 6 5215 NE 3RD PLACE 7 5139 NE 3RD PLACE 8 5133 NE 3RD PLACE 9 5127 NE 3RD PLACE 10 5100 NE 3RD PLACE 1 1 5106 NE 3RD PLACE 12 5124 NE 3RD PLACE 13 5130 NE 3RD PLACE 14 5136 NE 3RD PLACE 15 5202 NE 3RD PLACE 16 5220 NE 3RD PLACE 17 5226 NE 3RD PLACE 18 5232 NE 3RD PLACE 19 5238 NE 3RD PLACE 20 5256 NE 3RD PLACE 21 5250 NE 4TH STREET 22 5244 NE 4TH STREET 23 5214 NE 4TH STREET 24 5208 NE 4TH STREET 25 5118 NE 4TH STREET 26 5112 NE 4TH STREET 27 5114 NE 3RD CIRCLE 28 5008 NE 3RD CIRCLE 29 5002 NE 3RD CIRCLE 30 5004 NE 3RD PLACE 31 5010 NE 3RD PLACE 32 5016 NE 3RD PLACE 33 5015 NE 3RD PLACE 34 5009 NE 3RD PLACE 35 5003 NE 3RD PLACE 15FT. SIDE YARD ALONG STREET JERICHO AVE. NE HOQUIAM AVE. NE JERICHO AVE. NE NE 4TH STREET NE 4TH STREET NE 4TH STREET f\IE 4TH STREET f\IE 4TH STREET NE 4TH STREET SCALE: 1" -50' 50' 25' o 50' CONSULTING 20012 120th Avenue NE, Suite :#:103 Bothell, Washington 98011 (425) 415-6144 100' ENGINEERS LLC CIvil Engineering Land S\.I"veying ProJeot Management Public Works Land Planning < o I • CITY OF RENTON FILE NO, LUA-05-137-FP LNO-10-0414 D~: 106~00~00~PW~\I"I~~L~FP-02DWG~D~M~E~~:~~-0~2~-~2~7--~0~6~~,~~~~~J~O~B~~N~O~.~1~0~6~2-_0~O~2~O~0~4~~~~~~ DRAWN BY: GSL SHEET 3 OF 3 j I . J , ,. VOL. PG. JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO 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, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, 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 SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, 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 ASSIG~IS. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: NORRIS HOMES. INC .• A WASHINGTON CORPORATION BY : PRINTED NAME TITLE PRESIDENT DATE HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK BY : PRINTED NAME TITLE DATE ACKNOWLEDGMENTS STATE OF WASHINGTON ) COUNTY OF KING ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT __________________ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE PRESIDENT OF NORRIS HOMES, INC., AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED _________________ _ SIGNATURE OF NOTARY PUBLIC _______________ _ PRINTED NAME _______________ _ TITLE MY APPOINTMENT EXPIRES STATE OF WASHINGTON ) COUNTY OF KING"'" ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ______________________ _ SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE ______________________ OF HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK, AND STATED THIS TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED _________________ _ SIGNATURE OF NOTARY PUBLIC _______________ _ PRINTED NAME _______________ _ TITLE __________________ _ MY APPOINTMENT EXPIRES APPROVALS: CITY OF RENTON APPROVALS CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS DEPARTMENT EXAMINED AND APPROVED THIS DAY OF ____________ _ ADMINISTRATOR CITY OF RENTON EXAMINED AND APPROVED THIS _____ DAY OF ____________ _ 200_. ATIEST ________________________ _ MAYOR CLERf< OF THE COUNCIL CITY OF RENTON FINANCE DIRECTORS CERTIFICATE I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL. DATED THIS ___ _ DAY OF ____________ _ FINANCE DIRECTOR 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 200 . DIRECTOR. KING COUNTY OFFICE OF FINANCE DEPUTY KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS _____ DAY OF ____________ _ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON. THIS ___ DAY OF _____ _ 200_, AT MINUTES PAST M. AND RECORDED IN VOLUME ___ OF PLATS, PAGES _____ , RECORDS OF KING COUNTY. WASHINGTON. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF "JERICHO" IS BASED UPOI" AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST, WILLAMETIE MERIDIAN; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE TRACT AND LOT CORNERS WILL BE STAKED COI~RECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATIING REGULATIONS. 11\/ f''N LEW I S ifr.r-rt"""IONAL LAND SURVEYOR N NO. 31667 SECTION 15, T. 23 N., R. 5 E., W.M. NW 1/4 OF THE NE 1/4 CITY OF RENTON RECEIVED FEB 22 REC'O PLAN HI::VIEW 9/13/2007 CON:SULTING ENGINEERS LLC < o I • u G) • IGI*I~1 CITY OF RENTON FILE NO. LUA-05-137-FP LND-10-0414 DRAWING NAME 20021 120th Avenue NE, Suite #103 Bothell, Washington 9801'1 (425) 416-6144 Civil Engineering Land Surveying ProJect Management Public Works Land Plamlng DATE : 02-22-06 JOB NO. 1062-002-004 1062\ 002\ 004\PLOTS\FINALPLAl\FP-01.DWG DRAWN BY: GSL SHEET 1 OF 3 , , " '. VOL. PG. JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON FOUND 2.5" BRASS SURFACE DISK WITH PUNCH MARK CITY OF RENTON CONTROL MONUMENT NO. 1851 18.73' EAST AND 0.86' SOUTH OF FOUND NORTH QUARTER CORNER. VISITED 5-05 N 507779.5084 E 1 FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK, VISITED 5-05 N 507704.9362 1 N 1'17" W ~ 2623.86' CITY OF RENTON-1852 TO 1851) 88'21'13" W 2642.58' (NORTH LINE E 1668469.6013 1Io(~~--:c=-=--:-=-, 495.42' '" 0 C'oJ ::-0 rD~ c:im /")0 rDC'oJ C'oJ..J 0 > WI <1: : Z ~z _ W nif) b", 00 Z5 ~ ....., 1 w if) w ;;;: I I-0 .... ~ CALCULATED CENTER OF SECTION 15 COYENANT NE 4TH STREET A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 15, TOWNSHIP 23N, RANGE 5E, WM SECTION CONTROL MAP SCALE 1" = 400' 1321.26' ALL DETACHED DWELLINGS ARE PROPOSED WITHIN THE R-10 ZONING DESIGNATION OF THE PLAT WITH A PERMITIED DENSITY UP TO 13.00 DU/AC. ANY CHANGE TO THE UNIT MIX SHALL REQUIRE THE DENSITY AND UNIT MIX REQUIREMENTS OF THE R-1D ZONE TO BE COMPLIED WITH AND REVIEWED BY THE CITY OF RENTON. ALL LOTS IN THIS SUBDIVISION AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER ______________ . THE MINIMUM NUMBER OF RESIDENTIAL DWELLING UNITS PERMITTED WITHIN THIS PROPERTY IS 35. ALL SUCH UNITS SHALL BE SINGLE FAMILY DETACHED UNITS ONLY ON INDIVIDUAL RESIDENTIAL LOTS. DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED WITHIN THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCURE FROM THIS SUBDIVISION, BY SIGNING HEREON, COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVSION THEREOF, THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT. HOME OWNERS ASSOCIATION KNOW BY ALL PEOPLE BE THESE PRESENT THAT WE THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID ASSOCIATION. GENERAL NOTES 1) NO DIRECT ACCESS FROM ANY LOT WITHIN THIS PLAT SHALL BE ALLOWED ONTO NE 4TH STREET. 2) NO DIRECT ACCESS FROM ANY LOT WITHIN THE FIRST 160 FEET FROM THE SOUTH CURB OF NE 4TH STREET SHALL BE ALLOWED ONTO HOQUIAM AVENUE NE OR JERICHO AVENUE NE. 3) A 5/8" X 24" REBAR AND PLASTIC CAP MARKED" ESM, INC 35142-31667" SHALL BE SET AT ALL REAR LOT CORNERS AND LOT ANGLE POINTS, EXCEPT AS NOTED. THE INTERSECTION OF LOT LINES WITH STREET IMPROVEMENTS SHALL BE A BRASS TAG MARKED "ESM, INC LS 35142-31667" SET IN THE TOP OF CURB OR THICKENED EDGE OF ASPHALT ON THE EXTENSION OF THE LOT LINE (OFFSET CORNERS WILL BE DIMENSIONED ON PLAT). LOT CORNERS OR STREET MONUMENTS NOT SET AT THE TIME OF PLAT RECORDING SHALL BE BONDED FOR AND SHALL BE SET AS CONSTRUCTION IS COMPLETED. 4) THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. 5) TRACT "A' IS A STORM WATER DETENTION/ WATER QUALITY POND, HEREBY CONVEYED TO THE JERICHO HOMEOWNES' ASSOCIATION UPON RECORDING OF THIS PLAT. 6) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 19 AND 21 SHALL BE FOR THE BENEFIT OF SAID LOTS AND LOTS 21 AND 22. LOTS 19, 20, 21 AND 22 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 7) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 15, 16, 23 AND 24 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 15, 16, 23 AND 24 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 8) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 11, 12, 25 AND 26 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 11, 12, 25 AND 26 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 9) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 27, 28, 31 AND 32 SHALL BE FOR THE BENEFIT OF LOTS 27, 28 AND 29. LOTS 27, 28 AND 29 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 10) THE PRIVATE ACCESS AND UTILITY EASEMENT WITHIN LOTS 30, 31, 32, 33, 34, AND 35 SHALL BE FOR THE BENEFIT OF SAID LOTS. LOTS 30, 31, 32, 33, 34 AND 35 SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF SAID EASEMENT. 11) LOTS 1 THROUGH 26 AND TRACT" A' HAVE A ZONE DESIGNATION OF R-8. FOUND 3" BRASS SURFACE DISK WITH PUNCH MARK, AT INTERSECTION WITH 148TH AVE SE CITY OF RENTON CONTROL MONUMENT NO. 1852 VISITED 5-05 N 0 704.9362 E 1668469.6013 RTER 15-23-05) 10 11 N 400 200 o 400 800 15 14 15 14 FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 30421' VISITED 5-05 LEGAL DESCRIPTION PARCEL A: THE WEST 277.5 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTOI~; EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY ROAD; ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 5823643; ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH 45 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS UNDER RECORDING NUMBERS 8709280693, 8709280695, 8709280696 AND 8709280697. PARCEL B: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M., IN KING COUNTY, WASHINGTON; LESS COUNTY ROADS. PARCEL C: THE EAST 105 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH STREET; AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH AVENUE SOUTHEAST. PARCEL D: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 277.5 FEET AND THE EAST 135 FEET THEREOF; AND EXCEPT PORTION CONVEYED TO KING COUNTY FOR SE 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5773188. PARCEL E: THE WEST 30 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NOI~THEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF LYING WITHIN SOUTHEAST 128TH STREET. EASEMENT PROVISIONS 1) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, SOOS CREEK WATER AND SEWER, WATER DISTRICT 90, QWEST AND A CABLE T.V. COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET mONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPELINE AND WIRES, WITH THE ~JECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, CABLE TV SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSE STATED. 2) ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE JERICHO HOMEOWNER'S ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION. 3) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, PUGET SOUND ENERGY, KING COUNTY WATER DISTRICT#90, QUEST, COMCAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES AND THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE PUBLIC STREET FRONTAGE OF ALL LOTS AND TRACTS. FURTHER EASEMENTS ARE RESERVED OVER PRIVATE LANDS AS FOLLOWS: THE NORTH 10 FEET OF THE SOUTH 20 ICEET OF LOTS 27 AND 28; THE NORTH 10 FEET OF THE SOUTH 23 FEET OF LOTS 30, 31, AND 32; THE EAST 5 FEET OF LOTS 11 AND 15; THE WEST 5 FEET OF THE EAST 20 FEET OF LOT 19. THE EASEMENTS ARE RESERVED AND GRANTED IN OI~DER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESTALS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION, SEWER, WATER, STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION USES SHALL BE PLACED OR PERMITTED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASEMENT OWNERS. ACCESS EASEMENT WITNESS THAT SAID GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS AND UPON THE PRIVATE DRAINAGE EASEMEt-iTS SHOWN ON THE FACE OF THIS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS JERICHO FOR THE CITY OF RENTON AS GRANTEE, TO ENTER UPON SAID EASEMENT(S) FOR THE PURPOSE OF OBSERVING AND INSPECTING THE FACILITIES TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATII~G AND MAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PI.AN AND CONTAINED WITHIN SAID EASEMENT AREA(S). THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE BINDING UPON THE GRANTOR(S), ITS HEIRS, AND ALL SUBSEQUENT OWNER(S) THEREOF, FOREVER. < o I • • 12) LOTS 27 THROUGH 35 HAVE A ZONE DESIGNATION OF R-10. CONSULTING ENGINEERS LLC 13) ALL BUILDING DOWN SPOUTS, FOOTING DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. 14) AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON FOR PUBLIC TRANSIT TURN-OUT ACCESS OVER A PORTION OF LOT 26. CITY OF RENTON FILE NO. LUA-05-137-FP LND-10-0414 EXPIRES 9/13/2007 20012 120th Avenue NE, Suite 41:103 Bothell, Washington 98011 (425) 415-6144 I.I*I~I CivO Engineering Land Surveying Project Management Pubic Works Land Planring DATE : 02-22-06 JOB NO. 1062-002-004 DWG: 1062\002\004\PLOTS\FINALPLA1\FP-02.DWG DRAWN BY: GSL SHEET 2 OF 3 142nd Av. SE VOL. PG. JERICHO A PORTION OF THE NW 1/4, NE 1/4 OF SECTION 15, TWP. 23 N., RGE. 5 E., W. M., CITY OF RENTON, KING COUNTY, WASHINGTON 10' WIDE ROAD EASEMENT PER RECORDING NO. 8710061104 (WEST 5' VACATED PER VACATION #VAC-05-005) 5' WIDE ADDITIONAL R.O.W. TO BE DEDICATED TO CIIY OF RENTON UPON RECORDING OF THIS PLAT ~---- JERICHO AVENUE NE NOO'25'1 "E-" 1 02.42' ..6].5.0.: _ ~ ()W W <{..J wCDrn (f)t:i~ (f) 20' WIDE JOINT ACCESS AND UTILITY ESMT N 00'25'13" E 266.45' -7 ... NOO'25' 11" E ~?\ ~I I (j ~ ____ -1 -67.54' -- :-( o j:j , • "'" C\I g ;U trJ <61 . r-- Ol o to c.D I ~ (D' I I'-. r"l ~. (IJ .q: 92,02' l[)1'-__ ~~~~~~~~~~~ "'J--r-~N~00?'~28~'~2~1"~E----~1 NOO'28'21 E 110.04' ----'8 U; a (f) 59.41' I -NOO'28·21"E-93.03'LL-....j oq I C\I +10 ° ° . o LD . o r"l o 1.J..l 42' --I -:N~o~g~l:";. ~:-;"}"..,, l:-ri''''''E-i t --~ -q I a f3 ( ~ 1-------'.=........-... 1 ~ g (j) ctJ '0 ~ .q: I 92,O~' I w~~ :t ,...;; IJ (() i' G'" r-NOO'28'21"E z: • ~ g 10 • • ,., .... 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I 0°0'. .,.: Z "'1--r-_~~9~2~.0~2~' =--... (f) ;:... NOO'28'21"E M:!;i LO "'-1'-. l[) --= :;: LD ~ • (f) • • I") .... ® oh 91.50' .f ---8 ~/ O'l~ Z g N :?3 1---i ______ _ u.: ~ N NOO'28'21" E':+ LD <D 0"1 u., 0 (f) ~ to 20' WIDE JOINT (f) OJ I "" LO Jj co ACCESS AND C\I ctl "" ... f-+_--:"~9f::2~.042"'!'l' ~----46 C\I g Z 0 UTILITY ESMT ,...l[) 10 0 NOo028'21"E :-:-<D :ri ! :ri :ri ~ N j~ I LD NOO'28'21"E l.J.J..:.51' LD (D L :':to OJ :., ~"'a,.::.-~5~8::.:. 0~6~' +-~. NOO° 28' 21" E 91.50'''': 8 ~ ~~~g:,~. E 0 ~ --8:1 ~-l1-~-f'1-"' ... 2_1.' ..J-_2-11·~! I ~ i Q ~ Z );:...~ ~~~ 0 l[) "'" l[) N f-o 0(( Z <!:J I ~<D (f)1-4: ~ I -« .~ .~ WI--0 "" « L ~ ,1----.:4~5_· __ ~ g~ (f);::: 89.50' (( en (( ; ff Z NOO'28'21"E'" I I----0 . • .... b£'l oeD __ ... oC"l I")b o Z fl:ll-Q . I'-. I N::.::~ u.. :> • (IJ '-" .J: ...J I--,.; "" ° v, , ~ u.: LD .q: fri ~QI.OC\I~~' uw (f) jLD l f--gs 13 ~ ~ g l±J a'i a5 0 :t:! r"l (f) (f) '. 0 (f) GJ ~ ,... "" 8 (IJ • is (0 ~ (() (f) "! L i() ~ _ Z LD;r; r--:----...... u'--- ~ 34.58' 66.51 ' o o o LD ~ NOO'2S'21" E ... 6.75' 65.00' 99.58' NOO'28'21" E :-o 0.75' Z ofs\ llJ \'.E) ~ -1 D., 30' EASEMENT ZONED R-S 170.60' HOQUIAM AVE, NE 113.02' ~ ------~~-----~~~~~~--------------~----~----~~----------------~ ZONED R-l0 NOO'28'21"E 283.62' (PUBLIC STREET) a ~ 0 tJjl N00'28'21"E "'6.75' '262,54' "'6.75', ~ 6.75' ~~! ~~~+-~6~2~~~4~~'~~~~R~~~~-r~99~'*6~7'~b-'J-'~~~~----~10~O~.~63~,----~~1 1~] ;x, () "C\I ~o I j:Y ~~; ~ @-C\I ~ I I..J ~81 ~ T -~ : 0. ... (f) .... :3. o1j0. 0 N' Y I--('I) (IJ(IJ a. £'l.OJ· g 8 ('I) ~ 0 o 0 ~ a: N( --.. ~'4:1:;;: (I) ~ g: ~ <.> § ~ ... "" "" Cq~ I--:::;;: .f 0 to "" "'" V' ~. , ~1l~ . N NOO'28'21"E !r:; ~ ;1:;1 NOO'28'21"E r? ~ !z1:;1 NOO'28'21"~ ~ 'E ~ tJj I ~ u.; 86.33' 0 3 o~ 99.67'u.: M 3: -:if: 1 00.63' ~ ~ColJ :.: ;:::0' ex)~ f'\ I ,((~J ~~ ,...~ Iw "l. I ~~ u..:. ro q C\I ~ ~ ('I) N,~3 ~~ (I) ~ / Z ~~ :;:=> '<t ~ g ~ .-r"l UJ '::,. N N r"l ~. a "' (() t') • 5:.... ~ 8633' -,-to-I (IJ~ oz to'<T CDZ VJ N ~ C"I "" • Z co N <{ "" (IJ N <{ r"l "" ~ C"I "-' NOO'28'21"E Z NOO'28'21"E 99.67' ~ NOO'2R'21"E "" " In ~~,----~~~~~~4F~~~~~~~~~~r-~~~~~~---aooto ro ,,96.33' 89.67':;: 100.63' Z N 5: ,.' to_ I.J.. h ~ h u..: (f) Z 30' EASEMENT r r® r"loOJ ~ -1 1l, z: SURVEY INSTRUMENTATIOI~ SURVEY PERFORMED IN CONJUNCTION WITH THIS SURVEY PLAT UTILIZED THE FOLLOWING EQUIPMENT AND PROCEDURES: 10" TOTAL STATION MAINTAINED TO MANUFACTURER'S SPECIFICATION AS REQUIRED BY WAC-332-130-100 PROCEDURE USED: FIELD TRAVERSE WITH ACCURACY MEETING OR EXCEEDING THE REQUIREMENTS OF WAC-332-130-090. SURVEYOR'S NOTES 1. THE PROPERTY DEPICTED AND DESCRIBED HEREON ENCLOSES AN AREA OF APPROXIMATELY 228,668 SQUARE FEET OR 5.37 ACRES. BASIS OF BEARING NORTH 88°22'11' WEST BETWEEN CITY OF RENTON CONTROL MONUMENTS C.O.R, NO.1851 AND C.O.R. NO.1852. REFERENCE MAPS RECORD OF SURVEY, VOLUME 41, PAGE 227, RECORDING NO.8409079007, RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 94, PAGE 258, RECORDING NO.9309169004, RECORDS OF KING COUNTY, WASHINGTON. RECORD OF SURVEY, VOLUME 145, PAGE 270, RECORDING NO.20010622900002, RECORDS OF KING COUNTY, WASHINGTON. PLAT OF SIENNA, VOLUME 209, PAGE 18-24, RECORDING NO.20021 009002754, RECORDS OF KING COUNTY. WASHINGTON. PLAT OF PARKSIDE COURT, VOLUME 207, PAGE 100-102, RECORDING NO.20020815001577, RECORDS OF KING COUNTY, WASHINGTON. LEGEND £'1 STANDARD CITY OF RENTON \Y MONUMENT IN CASE -+-SET PK NAIL AND WASHER STAMPED "LS 35142 -LS 31667" • SET 5/8" X24" REBAR WITH YELLOW PLASTIC CAP STAMPED "ESM. LLC LS 35142 -LS 31661' (R) RADIAL t. DELTA L ARC LENGTH R RADIUS ESMT EASEMENT CD @ @ 10' WIDE UTILITY EASEMENT. SEE EASEMENT PROVISION NOTE NO.1 SHEET 2 OF 3. S' WIDE PUBLIC TRANSIT ACCESS EASEMENT. SEE GENERAL NOTE NO.14, SHEET 2 OF 3. SEE EASEMENT PROVISION NOTE NO.3 SHEET 2 OF 3. PUBLIC SIDEWALK EASEMENT AROUND NEIGHBORHOOD MAILBOX LOCATIONS. CURVE TABLE NUMBER RADIUS ARC LENGTH C1 25.00 38.74 C2 25.00 39.80 C3 25.00 38.73 C4 25.00 39.78 C5 25.00 38.35 C6 25.00 38.76 C7 25.00 39.77 C8 20.00 31.83 SETBACK TABLE DELTA ANGLE 88°47'24" 91'12'36" 88'46'24" 91'10'26" 87'53'51' 88'50'34" 91'09'26" 91'10'26" LOT# 1 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 STREET ADDRESS 5255 NE 3RD PLACE 5243 NE 3RD PLACE 5235 NE :3RD PLACE 5227 NE 3RD PLACE 5221 NC 3RD PLACE 5215 Nlc 3RD PLACE 5139 N[: 3RD PLACE 5133 Nr: 3RD PLACE 5127 NE 3RD PLACE 5100 NE 3RD PLACE 5106 NE 3RD PLACE 5124 NE 3RD PLACE 5130 NE 3RD PLACE 5136 NE 3RD PLACE 5202 NE 3RD PLACE 5220 NE 3RD PLACE 5226 NE 3RD PLACE 5232 NE 3RD PLACE 5238 NE :3RD PLACE 5256 NE 3RD PLACE 5250 NE 4TH STREET 5244 NE 4TH STREET 5214 NE 4TH STREET 5208 NE 4TH STREET 5118 NE 4TH STREET 5112 NE 4TH STREET 5114 NE 3RD CIRCLE 5008 NE :3RD CIRCLE 5002 NE 3RD CIRCLE 5004 NE :3RD PLACE 5010 NE 3RD PLACE 5016 NE 3RD PLACE 5015 Nt 3RD PLACE 5009 NE: :3RD PLACE 5003 NC 3RD PLACE LOT FRONT YARD REAR YARD 15FT, SIDE YARD ALONG STREET 1 NE 3RD STjNORTH SOUTH PROP. LINE JERICHO AVE. NE PROP. LINE 10 NE 3RD STjSOUTH NORTH PROP, LINE HOQUIAM AVE. NE PROP, LINE 20 NE 3RD STjSOUTH NORTH PROP. LINE JERICHO AVE, NE PROP. LINE 21 WEST PROP. LINE EAST PROP. LINE NE 4TH STREET FACING 20' ESMNT ABUTIING JERICHO AVE. NE 22 EAST PROP. LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT 23 WEST PROP. LINE EAST PROP. LINE NE 4TH STREET FACING 20' ESMNT 24 EAST PROP. LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT 25 WEST PROP. LINE EAST PROP. LINE NE 4TH STREET FACING 20' ESMNT 26 EAST PROP. LINE WEST PROP. LINE NE 4TH STREET FACING 20' ESMNT N---e-e-~ SCALE: 1" -50' ~---,4-=2_' --iI~"'~ g] ~ ; ~ g ~ ®. U i; ,I 9R.33' "" ~.f 89.67' , N 0'29'09" E LOT 2 266,62' I{)<tj (l')l[) (IJ 100.63' .q- 2'-&a2"'()(~ £.?:t~/if'!:r r'~~~ Of '-:"8ii~;:'JI.v Lo-r -6 L..L\UHYS j'vl.E:..L\DOW SHogr PL..L\-r VOL-180, E 22-1 Lo] 6 :'~ fII'iSl~1 1 6 9/13/2007 CONSULTING 20012 120th Avenue NE, Suite #103 Bothell, Washington 98011 (425) 415-6144 ENGINEERS LLC Civl Engineering Land Surveying ProJec:t Management Public: Works Land Planning < o I • lJ C) . CITY OF RENTON FILE NO, LUA-05-137-FP LNO-10-0414 DWG: 1062\002\004\PLOTS\RNALPL~FP-02.DWG~D~A~TE~~:~~_0~2~2~2~0~6~~~.~~~~~JO~B~N~O~.~1~0~6~2~0~02~0~0~4~~~~~~ DRAWN BY: GSL SHEET 3 OF 3