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IU2Q 22Jl~ 21.02" l'H\.Hl OTH£~""U N011.0 ""' ~T 'AD( ,~ lUO W/~"'''!A "17~~5" CoIl PHIlPERTV UNE (Xff"P[O U5 r£n IN t t.U or r~ONr tor COOII[RS 1.JI<\£5S M:m:~ On.ER"MS(. ~ CON or H~Tr" Sn:(U '~f.5S P()f ~AIV'IE C/l .... c,£ [.~ .. EI" ---.! 1~'~!)£II!lIT - III"r.7 1~~Cl I CITY OF RENTON RBJPERBNCB WOHUWENTS ~O_ 1845 _ ~~ PIH 'N CCfoIC. "'00, .... CAn. 00 ... \.Y, 4T TH:: IImtStCTIQi (If ,[. IIUIl sr . .....0 ,.ant .w. s r. (I",,~ A\'E. N Eo) NO 11151 _ l"flAT ... 455 $LJRfACf DISC AT IliE IlIlQIt:/:CllOH Of IIr. ,Ill ST. ""'D 1<,(..[ .\'1". !,[ . REFERENCES " TI1l ~.T ~ IoOAlJIlct'1 ~IQtU.I!DS 01 .... I. R!COII~ J/I WU! .. , 211 ~ Pl"'~ PAG($ II ll<ROUIi>1 11. UM~R RtCOROIN(I tlLAlBffi 200JI\lOOCl::I. 2, nit ~\.AT Of lo4AUllEtN I<ICitlLo\NOS 011', II. ~E~Oro I~ VOLUIO[ 227 r.w-'lA~ P~CU I ll<lIOUati !. UMDO R£COAOltID NUo.ClEII 20P~OUHOOI.GI. J orr at ~rNTC" _v, • Ii ~O.,l)~ :NT u'~_uH~n_Ll~. ~(COl;om I~ 1/00.' " ~.w " 5'J"~' '5. PJ ~X'-"il, UM~~ ~r.r " .~~ ~U"'If" "~05_ ,_ /~ -,....-"", "" 11,..,.,..., 0 .. , .. , ... "'~,,",,,,....., OM.." I •• ,.. ~i)LSIGN f'NGINft({rNG I J P I~NING ~ ,1/iVI riNG .!OB r-.UJ. 030:24 ~ "--'I'-AD ~JJ. 1~.!817 f~. ~1f 8BS'7P~j -----"---"- \~ ,I , , \' \ ,I \ \ ~ \ >- \ . \ " . ~ ~ ., \ \ ,I .\ \ \\~' ~\ , ,\. \ \ \ " ,\ '. i" ~\ \ \ ,\ -\ \' : ,'. ,~ \ ;I.;, \ ~ ,I • , l ,I , ~ :. ' ... I ' , ' . ",I \ ~. ' \ \ " , , , \1 .\ ~ I< ," , ,,' I '.' I' ,I " ' OFIELOPMENT pv,NNING _. erN Of R£NTON , \~ " , t \\ \ ,~, \ ") . . .,., , ... ~ I 0.1 ~~! 1....:;; . r·, , ,.1 " i , r I I I I I ~ I I I I I I il il il II II I I il 19 August 2010 Ms. Rocale Timmons, Associate Planner City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98055 City of R~nto~ Planning O\VISIO REFERENCE: Maureen Highlands, Renton, WA City Project No"~!iJA,;105W!'l9:J TAL-572M SUBJECT: Summer 2010 Request for Final Approval for Wetland Mitigation Areas Dear Rocale: This monitoring summary is for the wetland mitigation areas at the Maureen Highlands site located in Renton, WA (Figure 1), and is submitted In accordance with the Sensitive Areas and Wetland Mitigation Plan report, dated 10 May 2001 (revised 13 March 2003). During the fall 2009 total plant count site review, the winter and spring 2010 maintenance visits and the spring 2010 performance monitoring event, the mitigation area was evaluated to assess the development of desirable wetland characteristics and to verify that the approved performance standards had been met. Prolect Tlmellne The Maureen Highlands buffer mitigation area was completed during the fall of 2004, and the baseline assessment was conducted 19 November 2004. Monitoring is required by the City of Renton for five years and is scheduled to be completed this fall of 2010. Several site visits were made in November 2009 following the submittal of the Fall 2009 Monitoring Report to verify the total number of desirable native plants on site. The goal of these visits was to determine what total percent survival (not just In the transect locations) was present in the mitigation areas. After the total plant count was conducted, it was determined that 65 plants were needed to achieve 85 percent survival throughout the entire site. A total of 80 trees and shrubs and 200 willow stakes were installed on 13 January 2010. The installation of these plantings was supervised by Martha Moritz of Talasaea Consultants, Inc. A site visit was made in May to collect vegetation data, review maintenance items and review the health of the installed plants. A second visit was made 17 July 2010 to review the completed maintenance items. . Completed Maintenance Several maintenance events, occurring on 13 January 2010, and 12 July 2010 were verified by Martha Moritz of Talasaea Consultants, Inc. The following maintenance items were addressed as outlined in the November 3, 2009 letter. from Stephanie Smith of Otak: • Invasive weed removal and control. This includes removal of Himalayan and Evergreen blackberry, reed canarygrass, birds foot trefoil, Scot's broom, and Canada thistle. 200 willow stakes (Salix scou/eriana) were Installed in areas of high reed canarygrass , infestation. • Remove herbaceous material from the driplines of all installed vegetatjon. The herbaceous material was removed by hand from all the installed vegetation. Mulch rings were applied Resource & Environmental Planning 15020 Rear Creck fload NnnhcllSl • Woodinville. Washington 1)8077 • Aus: (425) 861-7550. Fa)(: (425) 861-7S4Q ., ...... \ I I I I I I I I I I I I I I I I I I I SOURCE, MAPQUEST DEC. 2008 DRIVIN6 DIREc.rIONS, I) FROM KIRKLAND TAKE 1-405 SOUTH. 2) WHEN YOU !SET TO RENTON TAKE EXIT #4 3) FROM THE OFF-RAMP TAKE A RI6HT ONTO 6RANDEY WAY NE AND PASS UNDER THE FREEWAY. 4) 6RANDEY WAY NE WILL TURN INTO SUNSET BLVD AFTER PASSIN6 UNDER 1-405. 5) CONTINUE SOUTH ON SUNSET BLVD. N TO NE 3RD STREET AND TURN RI6HT ONTO NE 3RD ST. 6) NE 3RD ST. BECOMES NE 4TH STREET. CONTINUE EAST ON NE 4TH STREET. -$ -1) NE 4TH ST. BECOMES SE 128TH ST. 8) THE PROJECT SITE IS ON THE LEFT AT THE NORTH WEST CORNER OF SE 128TH ST. AND 155TH AVE. SE. ((j9TALASAEA CONSULTANTS, LLC RoftOurco , Envlrorvnental Planning 150.20 Boa' c.rl!l"l<, Road Northlla!ot au. ~~\~;~~~~': (:~1~bl_'54'l FI6URE I, Location Map Maureen Highlands Renton. WaShington North I I I I I I I I I I I I I I I I I I I Ms. Rocale Timmons 19 August 2010 Page 2 of 6 around all newly installed vegetation and around all the installed vegetation along the berm adjacent to Shadow Avenue and the buffer strip along Rosario Place. • Install additional native plants to satisfy the required 85% survival rate by the end of Year 5. 80 additional native trees and shrubs were installed throughout the mitigation areas. Please see Table 1 below for further species detail. • All stakes markinq transect ends were located on site. All transect markers were reflagged with orange plastiC flagging and orange rebar caps in order to assist the reviewing biologist in locating the vegetation transects in the field. Mitigation Reguirements The mitigation area was measured for success according to the requirements outlined in the approved wetland mitigation report dated 13 March 2003. The following performance standards were approved by the City of Renton: • Success of plant establishment within the mitigation areas will be evaluated on the basis of percent survival and percent cover of desirable species. For woody planted species, success will be based on at least an 85% survival rate of all planted trees and shrubs, or at least 80% cover of equivalent recolonized native species, by the end of the five-year monitoring period • Success for herbaceous species will be based on an 80% cover of desirable plant species by the end of the five-year monitoring period. • Exotic and invasive plant species will be maintained at levels below 20% total cover. These species include Scot's broom, Himalayan and evergreen blackberry, purple loosestrife, hedge bindweed, Japanese knotweed, English ivy, and creeping nightshade. Removal will occur by hand whenever possible. No chemical treatment will be employed without prior approval from the City. Performance Monitoring On 5 May 2010, Talasaea Consultants performed the spring performance monitoring event for the wetland mitigation areas. The purpose of this site visit was to determine if the site had met the required performance monitoring standards established by the City of Renton. The data collected during the baseline assessment, the fall 2009 and the spring 2010 performance monitoring site visits are included in Tables 2-4 of this letter. Observations from the two fall site visits (23 and 25 November 2009) and the two spring maintenance site visits (5 May 2010 and 17 July 2010) are also included in this report. During the site visits, the wetland buffer areas appear to be healthy. While the vegetation has been slow to establish, the majority of the vegetation currently exhibits signs of positive growth. It is important to look at the overall picture of health throughout the wetland areas. The vegetation transect data was not providing a complete picture of overall success due to the location of two of the permanent transects along the ponds edge, where dense levels of willow, alder and cottonwood are present. The total plant count conducted in November 2009 allowed a more complete picture of the mitigation area vegetative success and failings. This allowed specific numbers to work with when selecting the replacement plants that were eventually installed in January 2010. A total of 80 woody trees and shrubs and 200 willow cuttings were installed in January 2010. The species installed are as listed below: Resource & Environmental Planning J5021lllO:1lrCrcck Itoad Nllrllmlsl. Wllodinl'ilic, Washingilln ')jolOn. Bus: (425) lihl-7550. Fax: (425) IItd·7541) I I I I I I I I I I I I I I I I I I I Ms. Rocale Timmons 19 August 2010 Page 3 of 6 Table 1: Installed replacement veaetation (13 Januarv 2010) Common name Scientific name Quantity Beaked hazelnut Corvlus comuta 10 Sitka spruce Picea sitchensis 5 Oceanspray Holodiscus discolor 20 Nootka rose Rosa nutkana 20 Black hawthorn Crataeaus doualasii 5 Tall Oregongra~e Mahonia aquifolium 20 Scouler's willow Salix scouleriana 200 Notes 4-6 feet 6 feet 1 gallon 1 gallon 3-4 feet 1 qallon 4' long, minimum %" wide In addition to the newly installed plantings, a majority of the remaining installed vegetation appears to be in healthy condition. In particular, a majority of the conifers on site have grown significantly over the last year and were visually measured to be 25-30 feet tall in some locations. The conifers installed this last winter and in the winter of 2008 are smaller and just beginning to establish, which is to be expected. There are four Douglas firs that were planted in 2008 that are not doing well. These conifers, located along Shadow Ave, were assessed during the winter maintenance. They were trimmed of dead material to see if they would possibly begin to show signs of new growth. They did not appear healthy during the last two site visits. The failing health of these four trees was taken into consideration when choosing Sitka spruce as replacement for the failed evergreen tree plantings. Also, about 20 willow cuttings were verified to be dead during the July 2010 site visit. The possibility of some mortality was taken into consideration when choosing the number of plants to be replaced this winter. This is why a number was chosen well above the minimum (65 plants) required to achieve 85% survival rate. Several woody shrub species, such as baldhip rose (Rosa gymnocarpa), red-osier dogwood (Comus sericea) and Dougla's spiraea (Spiraea douglasii) have volunteered throughout the site. Several Douglas fir (Pseudotsuga menziesii) and Paper birch (Betula papiryfera) saplings were also noted in several areas of the mitigation area. During the last several site visits, hydrology appeared adequate in the wetland ponds. Water was present within the two open water ponds during both the fall plant count and spring maintenance reviews. Water was present in the ponds during the July visit, but at much lower levels than in the earlier spring. Water within the ponds appeared clear and is presumed to be releasing water of good quality into the adjacent wetland buffer. No foul odor, oil sheen or turbidity was observed in either of the ponds. Numerous wetland grasses, rushes and sedges have become well eslablished throughout the mitigation area. These included cattails (Typha latifolia), soft rush (Juncus effusus), red fescue (Festuca rubra) and soft-stemmed bulrush (Scirpus va/idus). The abundance of obligate emergent species and the presence of water in the ponds assure us that the created and enhanced wetland ponds are performing as designed. In addition to these general observations, the monitoring included: panoramic photO-documentation, evaluation of native and invasive vegetation, wildlife usage, site stability, and an overall qualitative assessment of project success for the mitigation areas. During each site visit, wildlife observations were made and recorded. Bird species observed on the site over the last five years include: red-tailed hawk, Bewick's wren, spotted towhee, Oregon junco, red wing blackbirds, marsh wren, Steller's jay, American robin, American crow and mallards. Evidence of additional wildlife use has also been observed. Animal trails have Resource & Environmental Planning 15mo !kur Cr~k Road Nl)rlh~usr. WooJim'ilk. WllshmJ!;loll <IR077 • l1u~: 1./251 861·7551). fax: (425) 861·754'1 I I I I I I I I I I I I I I I I I I I Ms. Rocale Timmons 19 August 2010 Page 4 of6 been noted throughout the site and deer browsing was observed on several deciduous shrub species. Predator activity on site has been identified on site through the observation of dead animal carcasses (namely duck, geese and voles). Pacific tree frogs have been seen and heard in the wetland areas. Additional species of small mammals, amphibians, reptiles and may also use the mitigation area. A series of photographs representing four different panoramic views of the mitigation areas was established during the baseline assessment (Figure 2). Photographs have been taken during each scheduled monitoring event, to document general appearance and plant establishment throughout the site, as well as providing a qualitative representation of the success of the wetland and buffer mitigation areas. Attached to this report in Appendix A are photos taken during the baseline assessment conducted on 19 November 2004 and the photos taken on 5 May 2010 for comparison. During both the spring and fall site visits, the site soils appeared stable with no signs of erosion. All areas within the mitigation area appear stable and are 90-100% covered with desirable herbaceous species. Overall, herbaceous cover has established well throughout the mitigation area. The required performance standard for herbaceous cover by the end of Year 5 is 80%. Currently, the site is covered with an average of 90.0% of desirable, native grasses and other herbaceous species. The data calculated for herbaceous species within the permanent vegetation transects is a greater number than what is found over the entire site. Only a small amount of reed canarygrass is located within the specific transect locations. The largest concentrations of reed canarygrass on site were located in other areas of the site. These areas were either staked with willow cuttings or carefully cut back around existing, desirable vegetation to increase the percent woody cover. The average of 90% recorded in Table 4 of this summary, accurately reflects the herbaceous cover at the time of the spring site visit. Data Analysis Three permanent transects were established during the baseline assessment within the mitigation areas (Figure 2). Trees, shrubs, and herbaceous vegetation were evaluated within each location. The three permanent vegetation transects measured 50-feet long by ten-feet wide. Percent area cover for shrubs and trees was evaluated within these transects through the use of pOint-intercept sampling methodology at each transect location. Using this methodology, a tape was extended between two permanent markers. Shrubs and trees intercepted by the tape were identified, and the intercept distance was recorded. Percent cover by species was then calculated by adding the intercept distances and expressed as a total proportion of the tape length. Herbaceous vegetation coverage was visually estimated in the sampling transect. Tables 2-4 below summarize the baseline assessment results, the fall 2009 performance monitoring results and the spring 2010 performance monitoring results for the three permanent vegetation transects. Resource & Environmental Planning 15020 Ik>lrCr~ck !t,1i1J Sor1hCilSl1 WomJinvilh:, W~shinglon '111077. Ilus: 1·12518fll·7550. Fax: (4251 861-754'J ------------------- MITI6ATION AREA 2 A!!"fi T ALASAEA ~ CONSULTANTS. INC. __ .b_taJ~ __ c..-__ -.-..... _I .. _-_ -_ 4"" _-_ PL.AN J..J:5END A5-fUL. T loEll..NV fICtItJNl:'( - - ---- - -EXl51lH6 GalTaR -----AS-£Ul...T GONTClR ---AS-fUlT eM.-c.cmaR * ~~ 5NA6 H1M fiR[) If3T fklX =~""r11f5 .-~ EXIS __ Al1ON ~ PIOJ'lFOO(T l...CJC.A.'Jl(lri pp-# 1 ... _ ..LL l'v£6ETA"'IlCW STNfl..DI61'RNfi::GT l...GlC:AT1I::lI tt::«IH n--r--! CD FI6IJ<I; 2. F'hoWpo01t. vegolatloo """"ling TI'<I'l5eGIs Bcz;;elftl h6e~t ........... HJqdaIdo -HashhgIon ot>~-_~ __ I I I I I I I I I I I I I I I I I I I Ms. Rocale Timmons 19 August 2010 Page 5 of 6 Table 2: Baseline Assessment Data for Woodv & Herbaceous Cover (19 November 2004 Transect#'" .. -Percent, Woody, <, .. Percilnt ~>... :'.:.'."·f'erc"enF~":· .. "·,,,·":~Percienfi",i!,",, '. : '" '" •. "" ',.; •. C' 1:. ~r: Co~er<i'] > "Herb~i:eciLis Cov~r~:: J::~, s'Urvlvai~;...i;r'in~asl~e'CO'~er:;~'": 1 0.4 0 100 0 2 0,8 4 100 0 3 4.6 6 86 0 Average 1.9 3.3 95 0 Required" 80 80 85 <20% 'NoXIOUS weed species, as defined by the King County NOXIOUS Weed List, are not included. "Success criteria required by the City of Renton. Table 3: Fall Monitoring Data for Woody & Herbaceous Cover (12 September 2009) 2 70.0 90.0 80.0 10.0 3 37.0 95.0 100.0 5.0 Average 67.0% 92.0% 93.0% 8.0% "Required 80.0% Year 5 80.0% Year 5 85.0% Year 5 <20.0% 'Includes deSirable species only, invaSive plants as defined by the WA State NOXIOUS Weed List are not Included. uSuccess criteria as required by the City of Renton. Average (throughout the entire 'Includes desirable species only, invasive plants as defined by the WA State Noxious Weed List are not **Success criteria as required by the City of Renton. Summary Average areal woody coverage as of this spring was 67.0%, which does not meet the required performance standard for percent woody cover. As it was agreed upon by Rocale Timmons of the City of Renton, success of plant establishment within the mitigation areas will be evaluated on the basis of either percent survival or percent cover of desirable species. The average for the three permanent vegetation transects is currently exceeding the established performance standards for survival to be met by the end of year 5. More importantly, as verified in the total plant count conducted in November 2009, following the replacement of 80 shrubs and trees, the site in its entirety meets the required percent survival of 85%. The large majority of the additional plants installed this January have become well established and were showing signs of positive growth. All but 20 willow cuttings were accounted for during the July site visit. The Resource & Environmental Planning 15020 fkarCrcck Road Sorth,:as(, Woodinville, W~shinglon 'lg()77. Bus: (4::!5) K61·7550. Fax: (425) 861·754'1 I I I I I I I I I I I I I I I I I I I Ms. Rocale Timmons 19 August 2010 Page 6 of 7 average percent survival for the site as a whole, as measured during the May 2010 site visit is 85%, which meets the required 85% survival rate. Monitoring is scheduled to conclude this Fall 2010. however. the vegetation data shows that the site is currently meeting the performance standards established by the City of Renton as of this spring. Therefore. we are requesting final approval on this project based upon the data collected from the spring monitoring visit and the observations made this spring and summer regarding the current health of the mitigation areas. We would like to schedule a tour the site with the representative from the City in order to discuss the maintenance that has been completed this last year. If you have any questions regarding this information. please contact me at (425) 851 7550 (office) or (206) 218 2936 (mobile). I can also be reached via email atmmoritz@talasaea.com. If I am not available. please contact Ann Olsen at the office number. Sincerely. Martha Moritz. Monitoring Technician Attachments: Appendix A, Photo points-Baseline Assessment. Fall 2009 and Spring 2010 Performance Monitoring cc: David Maxwell. VP Construction. Geonerco Management. LLC. File Resource & Environmental Planning 15020 IkarCrcd; Itoad N{lnhl'asl' WnodinviJic. Washingtnn IlR077. Bus: (,125) HfiJ-?550. ru\: (425) Ilfil-7544 I I I I I I I I I I I I I I I I I I I Ms. Rocale Timmons 19 August 2010 Page 7 of 7 APPENDIX A Baseline Monitoring Photo points (19 November 2004) Fall 2009 Performance Monitoring Photo points (12 September 2009) Spring 2010 Performance Monitoring Photo points (5 May 2010) Resource & Environmental Planning 15020 Ilc~rCrcc); !toud Nor1hca.(. Wowlinyilk. Washin!jioll ')!Wn. Bu.: (4lSIIHil·7550. r~~: {4~51 Stil·75.J9 --- -- - ~~ ~I+ hALASAL~ § (-.'"'·SI'I1 ..... 1'", ..... Photo-point #1 (Please see Figure #2 for photo-point locations) Fall 2004 Baseline Assessment-19 November 2004 Maureen Highlands Renton, Washington Photo-point #1 (Please see Figure #2 for photo-point locations) Fall 2009 Final Assessment-12 September 2009 Maureen Highlands Renton, Washington -- -- - - -- ----- RC'>oOUfct 6: Em-ironmcmal Planning IS0:>0 l:Jear C"",l Road Nuflbcast. Woudinvilk, WWllnJ;.<>n 98017. !ius: 141518bl·7550. fa", (4251 ~t>1-7S4'1 - - - - - - u~" (~IJJJ~I ~i5tJ 7,lALASAEA ~~ u" .. .,n ..... T .. ,' .. ' Photo-point #2 (Please see Figure #2 for photo-point locations) Fall 2004 Baseline Assessment-19 November 2004 Maureen Highlands Renton, Washington Photo-point #2 (Please see Figure #2 for photo-point locations) Fall 2009 Final Assessment-12 September 2009 Maureen Highlands Renton, Washington - --- - - ------- '~-:!!.~,::;:_-;;'~~:;--:.f ,-:t;:'";i.."J/ •• .cA-'. -.,;:.'. -~. :--qa, R~sourcc & EIlHf0f'lIDC1l1al1'IarUling 15020 {k"r ("rttl ROiOd Nortbea5t. wooJin ... llc, Waohington ",!!On. Bus: 14~5) iir>I-7S;U. r u: (425) libl_7;"";9 - - -- -- 1lJEm~h:'\LASAEA {:H: I, JI. . __ _ ... ," '\::~ UI\""lT~"ll> Photo-point #3 (Please see Figure #2 for photo-point locations) Fall 2004 Baseline Assessment-19 November 2004 Maureen Highlands Renton, Washington Photo-point #3 (Please see Figure #2 for photo-point locations) Fall 2009 Final Assessment-12 September 2009 Maureen Highlands Renton, Washington -- - --- --- - - -- RcSOUl'tC'" En.'ilf.lllmCflW f>J.mninl: 1)020 B""l Crcd Road Northca.te wuodin"ilk. Wa..hmglDn Qg077. BLl>: (4~S) Sb]·15SO. /"ax: i425) ~61_7~</ ---- 1fU \~fIWT:~,~~~·~,EA -- Photo-point #4 (Please see Figure #2 for photo-point locations) fall 2004 Baseline Assessment-19 November 2004 Maureen Highlands Renton, Washington Photo-point #4 (Please see figure #2 for photo-point locations) Fall 2009 Final Assessment-12 September 2009 Maureen Highlands Renton, Washington -- --- ---- -- -- Rcsour~ 6: En\'irul1ITl<'ntaJ Planning ISU10 IkarC.ttl Road N~· W'-""<lio\i1k. Wa..hingloll '18077. a"", (4:.'5) &(>\.755(h "u: (415) tlbi-75-19 - --- xrn'" (~l'iJ/ihALASAEA ~0" (O'''IIII ..... ,' •. I'r -- Photo-point #1 (Please see Figure #2 for photo-point locations) Spring 2010 Performance Monitoring-5 May 2010 Maureen Highlands Renton, Washington Photo-point #2 (Please see Figure #2 fOf photo-point locations) Spring 2010 Performance Monitoring-5 May 2010 Maureen Highlands Renton, Washington --- -- ------- - Rcsoum: k En,ironmcntal PbnnillJ: bO~OBcarC=l Rt.>.od NOftt>.,ast. W ...... bnnllc, \\'~I"!1 '111077. Bu.' (4251 ~"'1-75~. !' .... , (-125) Mhl-75-tY - --- - - ~, «;jJ'.© l:h A LASA E.~ 'IW; ~'''l' .~ «(I~"~IH'L Photo-point #3 (Please see Figure #2 for photo-point locations) Spring 2010 Performance Monitoring-5 May 2010 Maureen Highlands Renton, Washington Photo-point #4 (Please see Figure #2 for photo-point locations) Spring 2010 Performance Monitoring-5 May 2010 Maureen Highlands Renton, Washington ---- --- -- - -- - R=mrcc & [p\iron"'cn~1 rbruuPg IS02IllklllCr«~ J(,....J Nurtheas1. W<><.>dinvllk. W~n '1~U77. Bw: {425) 861-75)(16 1'1 .... : (-125) 8(t1-7~" , . I ,:"' .• ,', .,,', " . '.' ,:' " •• ," ,-. c ' ",', ~ ,,~. " , . , <, • 1<', .' " ." ", , .", "', ,. . 'I'" " ' , . '. . , , "-' -' . j /-• "- ' , ., '. , 'I'.. . . ;, -' . . " - I , "" , ... " ., " "., -. 'I',' ,,' , . ~.. .' '-. . · . , , " , , 8. " .. "." , . . · . " '.' , . '-. • '< 'I·' ,":, ' , ',' ~ , , " I . , . : , ' .' .0' , · . , -, , ...• , :' '. . .,.. ; '. -, . ~ .' . . I:" ., r . 'f ." Denis Law Mayor October 15, 20 I 0 David Maxwell, VI' Construction Harbor Homes, Inc, 1300 Dexter Ave N,Suite 550 , Seattle W A 98 I 09 Department of Community and Economic Development, , Alex Pietsch, Administrator SUUJECT: RELEASE OF WETLAND M1TrGATrON MAINTENANCE &. , MONITORlNGBOND FOR MAUREEN HIGHLANDS II Dear Mr, Maxwell: This letter will serve as authority to release the Wetland Mitigation MaiIitenance & Monitoring Bond #574351S in the amount of $44,782.08. This surety bond was originally issued in the amount of $17,625. This amount,was increased by $27, I 57.08 per change rider dated December , , ' 29, 2004. The original security device is enclosed for your files. Please Ijotify your surety company of this releas'e. [fyou have any, questions, please COlltact Rocale Timmons al (425,430-72 I 9). Sincerely, ~!~~~ Planning Manager Enclosure: Original MainlenanceBond . ,., Cc: LUA05-049 file 1:IM.Bondl\eIILUAOS.049,doclcolso'n Renton City Hall 0 1055South'GradyWay 0 'Renton,Washington 98057 0 rentonwa.gov ·.~==~==~================~= .. '': . CITY OF RENTO~ PLANNING/BUILDING/PUBLIC WO . S DEPARTMENT MAINTENANCE BO D Bond Number _. _57_4_35_1_S __ _ KNOW ALL MEN BY THESE PRESENTS; th t we Harbour Homes, Inc. as Principal and Develo ers Sure· and Inde . Com a corporation organized and existirig under the L~ws of the St te ofIowa, Surety are held and finnly bound unto the CITY OF RENTON ~s Obligee, in the total sum of Seventeen Thousand Six Hundred and Twen!& Five and noll OOths, . .. ($17,625.00) dollars, for the payment of which; well and truly t9 be made, the executors, administrators, successors and as4igns, jointly and severally, firmly by thes6 presents: . .. for Maintenance bond for wetland improvemen1ls for.·Maureen·Highlands~ Division II . I· • NOW THEREFORE THE CONDITION OF TIllIs OBLIGAITION IS SUCH, that if the Principal shall maintain and r~medy said work free from defects in materials and workmanship for a peripd omv~. year(s) folloWing completion, then this obligation shall bevoido~erwise ifshall remain in full force and effect. .. ! . • . SIGNED,SEALEDAND DATED thisnci '* of Noyember. 2004. Harbour Homes; Inc. ~. Developers SuretY and Indetnnity Company BY~~Du~ SiJmatur~ofBonding Agent LttHla PawlaK, Atforney-in-Fac,t -' , , CHANGE RIDER To be all ached to and form a part of Bond No . .:5"'7..:.4"'35"'1:..:S"-_________________ _ in the amount of $ ""4"'4"',7"'B:.:2:;..0::.;B=---_____ issued by Developers Surety and Indemnity Company on behalf of Harbour Homes, Inc. in favor of City of Renton, Washington It is understood and agreed that the bond described above is hereby modified so as to change the bond penalty from; ...j- to; $17,625.00 &7,157,0"1 $44.iB2.0B Effective 11/23/2004 It is further expressly understood and agreed that the aggregate liability of the Developers Surety and Indemnity Company under said bond to the obligee -~~---------------------- herein mentioned shaIl not exceed the amount stated above. Nothing herein contained shaIl be held to vary. alter, waive. or extend any of the tenns, agreements, conditions or limitations of the above-mentioned bond. other than as above stated. Signed. sealed and dated this ____ ~2~9t~h ____ dayof _______ ~D~e~c~e~m~b~e~r ______ __ 2004 Developers Surety and Indemnity Company S41731GEEF 2I9B " . DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: Carrie, MEMORANDUM October 13, 2010 Carrie Olson Rocale Timmonb :.,1 Release of-A9sj~ ef Ftliid9- Maureen Highlands II Mitigation Monitoring City of Renton LUAOS-049 Please initiate the paperwork to release, the first of two bonds for the mitigation project at Maureen Highlands II. The amount is for $44,782.08. The release applies to the wetland mitigation maintenance and monitoring. A copy of the paperwork should also go in the yellow file and to the City Clerk's office. Thank youl h:\ced\planning\current planning\wetlands\maureen highlands\release of 1st bond.doc \ " , Harbour Homes HARSOH 1985R4 October 12, 2010 Rocale Timmons Associate Planner City of Renton , 1300 DeX1l1r Avo N. Suite 550, Seattlo, WA 98109 Department of Community and Econo'mic Development 1055 South Grady Way Renton, WA 98057 Re: Maureen Highlands II Wetlands Maintenance Bond Ms. Timmons, Phono (206) 315-.8130 Fax (206) 315·8131 www.harbourhomcs.com Pursuant to our conversation today and the inspections made by OTAK, I would \\ .. hp_ I like to request that theCity release the wetland maintenance bond # 574351S in "5hr~~ 1)4'~ the amount of $44,782.08. There remains a cash deposit that the City holds in ~.JJ\.6:w~ the amount of $14,687.50 for wetlands maintenance that should also be available for release shortly. Thank you. ~~~ David Maxwell . VP Construction . " Denis Law Mayor October 15,2010 David Maxwell, V P Construction Harbor Homes, Inc. 1300 Dexter Ave N, Suite 550 Seattle W A 98 I 09 Department of Community and Economic Development, , Alex Pietsch, Administrator SUIlJECT: RELEASE OF WETLAND MITIGATION MAINTENANCE &, , MONlTORINGBOND FOR MAUREEN I-llGHLANDS II Dear Mr. Maxwell: This'letter will serve as authority to release the Wetland Mitigation Maintenance & Monitoring Bond #57435 I S in the amount of $44,782.08.' This surety bond was originally issued in the amount of $ 17,625. This amoun'twas increased by $27, I 57.08 per change rider dated December 29,2004. The original security device is enclosed for your files. Please notify your surety company of this releas'e. If you haveany questions, ple~se contact Rocale Timmons at (425430-72 I 9), . . . . . Sincerely, '," f~tkU~ enniferHenning . ' " " ' Planning Manager, .', Enclosure: Original'MaintenanceBond Cc: LUA05-049 file 1:IM.Bond~'I/I.UA05·049,do"colso·n Renton City Hall • 1055 South'Grady Way • Renton, Washington 98057 • rentonwa.gov " .. , I CITY OF RENTO~ , PLANNINGIBUILDING/PUBLIC W01p(S DEPARTMENT MAINTENANCE BOND Bond Number_' _57_4_35_1_S __ _ KNOW ALL MEN BY THESE PRESENTS; th t we Harbour Homes, Inc. as Principal and Develo ers Suret and Indemn' Com an a corporation organized and existU1g under the Li1wS of the S te ofIowa. Surety are held and firmly bound unto the CITY OF RENTON *s Obligee, in the total sum of Seventeen 1110usand Six Hundred and Twent&' Five and noll OOths, ($17,625.00) dollars, for the payment ofwhich, well and truly to be made, the executors, ~dministrators, successors and as~igns,jointly and severally, firmly by these presents: ' " for Maintenance bond for wetland irnprovernen1ls fOfrlVIailieen-Highlancis, Division II ' i, • NOW THEREFORE THE CONDITION OF TIlns OBLIGAITION IS SUCH, that if the Principal shall maintain and r~medy said work free from defects in materials and worlonanship for a peripd ofl'IVE, 'year(s) following completion, then this obligation shall bev'oid otherwise If shall remain in full force and effect. ' . ' , SIGNED,SEALEDAND DATED thlsllli! '* ofNoverriber,2004. Harbour Homes; Inc. ~. " , By,' , /'-A~ Developers SuretY and Indernnity Company BY"Y7f~~ ~~turll.ofBonding Agent a pawlaK, 7ItEorriey-in-Fact • CHANGE RIDER To be attached to and form a part of Bond No. ..:5:.:,7.:.4::.3::.5.:.;1 S=--_________________ _ in the amount of $ :!.4=4!.!.,7~8:=2'"'.0~8~ ____ _ issued by Developers Surety and Indemnity Company on behalf of Harbour Homes, Inc. in favor of City of Renton, Washington It is understood and agreed that the bond described above is hereby modified so as to change the bond penalty from; $17,625.00 ...j-;'7,1$7,0,,( to; $44,782.08 Effective 11/23/2004 It is further expressly understood and agreed that the aggregate liability of the Developers Surety and Indemnity ~C::o::.m:..:..t::pa::n.:.y~ _________________________ under said bond to the obligee herein mentioned shall not exceed the amount stated above, Nothing herein contained shall be held to vary, aiter, waive, or extend any of the terms, agreements, conditions or limitations of the above-mentioned bond, other than as above stated. Signed, sealed and dated this 29th day of ____ --=D:.::e::::c::::em=b::::er~ ___ _ 2004 Developers Surety and Indemnity Company BY:' (~iJA Lindaawlak, (~ A -. Attorney-in-F"ct S·41731GEEF 2198 " , DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of tbe amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1 00 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. 10·1498 (Rev. 5/03) Developers Sursty and Indemnity Company Indemnity Company of California 17780 FItch, Sullo 200 Irvlno, CA 92814 (949) 263 3300 www.ln&coDlcQ.com " ' , " , POWER OF ATTORNEY FOI~ llEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO ROX 1971S.IRVINE. CA CJll'ilJ (q41J) ::!l'iJ-JJon KNOW ALL MEN BY TIIESE PRESENTS,lilll1 except us expressly lil11tlCti. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPA NY OF CALl FORN IA. do ellch. hereby muke. consril!l!c find nrroill!: ***Robert J. Weller, Linda Pawlak, Mark A. Jensen, Victoria B. McBride, jOintly or severally*** as their true lind IUlVflll Allorneyis)-ill-FIlCI, 10 rnnkc. execute. deliver and ncknolVledge. for ond on hehnlf of said corpornlions. as sureties. bonds. undertaking.s ,111(.1 cOlllnll.:1S of slIn.'lyship giving and gnlllling IIIHo suid Annrllcy(s)·in-Fm:r full PO\I,I.:I' and ulithoriry 10 do lind to perform !.'\lcry net IlI.!L'CSSIII)'. requisite or pro[l1!1' to he dOlle in connectioll therewith as cnch of suid corpol'illions coliid dn. btl! n:sl.!n'ing 10 cuch of suiJ wrrllmtinns full pnwcr of .~t\hSlifulion /lnd revoclltion. /lnd 1111 of Ihe IlCtS or Silid Attorl1ey(s)-in·Fllel. rUfslIIlIltlO thcse rfesellls. lin: hcrchy I':lrilicd mHJ wnlirillcd. This Power of Attorney is grullted nnd is signed hy lilcsimile Linder nn!! hy ollrhoriry of the following n:soilitions ndopted hy the respective Bonrd of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY OF CALIFORNIA. eneclive ns of Noveillher 1.2000: RESOLVED. thut Ihe Chuinllun oflhe Board. thc Prl'~idclll nnd nny Vi~'c Prcsident of tile c01poI'Hlioil be. nnd Ihal euch oflhcm herehy is.lIl1lhnrizcd to execute Powcrs of Attorney. qUillitying the lI"omey(s) nurned in the Powers of Anorney tn exeelile. on hehalr oflhe cllfrornliolls. hnlHls. underlnkings and eontnu.:IS or MII'ctyship: and Ihill the Secretnry 01' ony Assistnlll Secrclary of rhe corporations be. nnd l'neh nf them herehy is. Illlthorized to nlleSI the execution of fIny such Power of Attnrney: RESOLVED. FURTIIER. IIHlI the sigrwllII'es ofslleh {\meel~ Ill"y he :Illixed to IIny such rowcr nfA!lol'llCY or to uny certiticate n:lnling thereto hy IiIl'silllilc.lInd nny such Powcr nfArrol'lley or l'! . .'1'1ilicatc heuring sllch 1;Il'silllile siglHllmes ~hall he vlIli(llind hinding upon (he l'orjlorutioll when so unixed and in the fUll1I'e with n:speel ltllllly hnm!. undenllking III' c0!1tml'1 oj'slll'etyship In which it is UlHlehl'd. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMI)ANY rind INDEMNJTY COMPANY Or CALIFORNIA hove severally co used Ihese rn:sents 10 he sigllcd hy their resrective I:xecuti\le Vice President find nnesled ny their lespeclive SecretnlY this lsI day ofOcloher. 200~. Hy:~l:::;:~:::::::) .:;~~~=--=- ""ow;'''' '"l:};;-~ ___ _ Willter A. Cl'Owcl!. Secretnry STATr: OF CALIFORNIA COUNTY OF ORANGE I ISS. ) 011 Oeroner I, 200J. helore me. Dione J. Kowntn. rersonnliy nrpenred Dnvid H. Rhodes rind Wolter A. Crowell. rerlOollfllly known \0 me (or proved to me on the hnsis of slIlisi1IClory evidence) 1o be Ihe rersons whnse ntulles lire ~Irhscrihed In rhe within instrumenlllnd IIcknnwledgcd to mc thnt they exccuted rhe snmc in their I\uthorized cnpneilics. find Ihut hy thcir sillnntlll'cs Oil the instn.rll1clll the entity Ilrnn helllltf of which the persons Ill' ted, executed the instnJlllent. WITNESS Illy hnnd nnd oOieiol senl. ""w", ~"'" ~ ~, r~e "". DIANEJ.-KAWATA , o "', COMM. ~ 1334748 ::: ~ !!If.!. Notary PUbliC. • California ~ ~ 3t~. ORANGE COUNTY ~ J My Comm. Explras JAN. 8, 2006 t CERTIFICATE The undcrsigned. us Senior Vice·Presidi,!nt, Underwriting nfDEVELOPERS SURETY AND INDEMNITY COMPANY tlnd INDEMNITY COMPANY OF CALI FORNIA. does herehy eerlily thot th~ foregoing Power of Altomey rermlills ill full lorce nnd Illls not been revoked. Ilnd furthermore. tlllltthe rrovisiolls of' Ihe resoilitiolls of the respective Bonrds of Directors or Sflid corporn!ions set fonh in the Power of Attorney, nrc in force ns offhe drlte of rhis Cerrijjcnte. This Cel'liticlite is executed in the City (lflrvine. Clilifornia. thc ~ dny of ~.LAj 0100L/ ID·IJHO(Rcv. I()IO~) , ., . .' , POWER OF ATTORNEY FOR DEVELOPERS SlJRETY AND INDEMNITY COMPANY INIlEMNITY COMPANY OF CALIFORNIA KNOW ALL MEN BY TrlESE PRESENTS. Ihul excepl liS cxrn:s~ly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY HmllNDEMNITY COMPANY Or CALIFORNIA. do ench. h~rchy mllke. CflIlSlilUh! ,mel [lrI101111: ***Robert J. Weller, Linda Pawlak, Mark A. Jensen, Victoria B. McBride, jointly or severally*** [IS their trlle lind lawflll Allomcy(sHn-Fncl. 10 mllke. exeClIte, deliVt:1' and nckllCl\vledge. for nnd 011 hehnlf of snid corl1ol1llions. as sureties. honds. ondertnkings uIHI cllnlnu.:ls of ~ll1Clyship giving lind gnlll1ing lInlo snid AlIorncyls)-ill-Fm:1 full ]1O\wr unu IllltlHlrily 10 ('0 IInJ 10 rCr/imll evcl)' aClllcccSSI1IY. requisite or prorcr In he done in /,'Olltlct'linn lilcn:wilh liS cuch of sliid cnqlOfuliolls COliid dil. ht1t n:scrving 10 cHeh or snid corronlliol1s tltll rower of slIhslillUioll lind rL'vocntion. lind nil oflhe IlCtS OfSllid Auorncy(s).in·Fucl. pHrS\\Unll0 Ihese prL'ScllIs.lIn: hercoy ratified and conlil'llled. This Power of AllOfIlCY is gl1lnled lind is signed hy 1~1csilllile Imder nnd oy olilhority of the following resolulions ndorled by tile respective Hoard of Director!> of DEVELOPERS SURI::TY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY Or CALJrORNIA. eflective ns of Novemher 1.2000: RESOLVED.rhnllilc Chninmlll o1'lhe SouI'd. tile Presid.:rtt nlld nny Vice President offhe coqwrntion be. nnd Ihlll cuch of them hereby is.lIltlhnrized 10 cxcclllc Powcr~ (If Aunflley. qlllilifyin!! the Httorncyts)nllllled in the Powers of Allonlcy to ':)ieCllte. on hel1llif of the cofTmrulinlls. bonds. IIndcnukings and contracts of sllrelyshir: nnd that Ihc Secretory or any Assistnnt Secfe!:HY of the C(llPOrfltiollS he. nnd each of them hCId'IY is. ntllhorized 10 nllesl Ihe e.'u!cl!ljon of nlly sllch [lower of A1Iorney; RESOLVED. FURTIIER. Ihnl 111C signllll1rcs of slieh orticcr~ Illily hI.! aflixed In ullY ~1Il'h p(lw~r of Allnrll!.:y or In lilly cl'niticllt~ r~liltil1g thcr~l{) hy lill'sil1lil.:. 111ld <Illy SLidl flower of A!1ortl~y nr l'~niticm~ h~,lring such nll.:Silllil~ sigl1alllrc~ sllllll he valid lind binding !Iron Ihl' I:orrol'lllioll whcn so utli.xcd Hnd in lh~ nllllr~ wilh I C~p~l:l ttl any I)llild. lIml~rtllking (If Cil11I\'liCI (If surctyshir 10 which il is nttuchcd, IN WITNESS WHI:Rt::OF. Dt::VELOPERS SURETY AND INDEMNITY COMPANY nnd INDEMNITY COMPANY OF CALIfORNIA hove severally c[llised these rn:sents 10 he signed hy Iheir respective I:xeellli\'e Vice Pre~idel11 om! nttested hy their re~reclive Secretnl), this 1st cloy of Octo her. 200) . . c ,~')~e:~~~=-) =_ Ily:~ ~ Dnv;<! H. 1(117' :"'7 :res;; By ~~ Wolter A. Crowell. Secretnl), ---- STATE OF C ALiFORNJA COUNTY Or ORANGE J )55. ) """"~'N"'D"""" ""',\'( ~ I~"", ••••• '!-~"'"'''''''''''''.''''' ••••• !4i .. ···O~POR4>· ... ~\ ~,'(.o ~ ... ~~ "'" OCT ,'" lfjj . !~i h_~ 10 :0: \:.;\ •• 1936 .if} ••• .,.~ · •. ./OW~, .. ···4:' i ".,0 .. " ...... ).: .,., ." ..... ,",t."." ..... ,. On Oclooer t. 2003. hefore me. Dione J. Knwnln. rersonotty nppenred Dilvid II, Rhodes nnd Wnlter A. Crowell. personnlly known to me (or proved to mc on thc hnsis ofsalislilctory evidence) I" be the IlcrSOI1S whosc tWines IIrc suhsl'rihed 10 the within instrumcnt nnd IIcknowtcdgcd 10 mc thollhl'Y exccuted Ihe slime in their ulilhorized (:upncitics. und lhul hy thcir ~ignillmeli nn thl.' jn~lrument the cntity uron hchlllt' (lfwhich the rcn;ol1s lIeted. executed the il1litnlllll.'nt. 1_.0 DIANE J. KAW",T", J Q . :::". .\ COMM,' 13347.6 !.: ::; ~ Notary Pubjjc • California ~ 3: itt·-· ORANGE COUNTY S' i MV Comm. Expire' JAN. 6, 2006 t Signnl\tl'e CrcRTIFICATE The undersigned. us Senior Vjce-Prc~idenl. Underwriting nfOEVELOPF.:RS SURETY AND INDEMNITY COMPANY lUll.! INDEMNITY COMPANY OF CALI FORNIA. does herehy certily that the foregoing Power of Allomey rernnins in full fOfce nnd hns not heell revoked. nnd fW1hl:flnore. Ihnt the provisions of the resolutions oflhe respective Bonrds of Direclor!> of snid corpomtiolls set forth in the Pow!!r of Allofney. nre in force as of the dnte of this Cel1iticnte. This Ccrtiticlltc is c)il'l'Lllcd in the City of Irvine. Culithrniu. the 2..1 tiny of De C p""",be.c:. 2.C?Q'+ ID·IJ!W fRcv. IO!(U) '. , DISCLOSURE RIDER Terrorism Risk Insurance Act of2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 2633300 www.inllcodico.com , Art By Nature 11311-13th Street SE Lake Stevens, WA 98258 Name 1 Address Maureen Highlands, LLC Harbor Homes -South 33400 9th Avenue S., Ste 120 Federal Way, WA 98003 Description MAINTENANCE Maintenance Labor (per hour) for 5 years -Estimated value of removal of evasive species from wetland ·2 visits per year at 64 hours each visit PLANT MATERIALS Plant materials under warranty for the I st year Plant materials after I st year for 4 years\) MULCHING All plants 10 he mulched I st year per Ann Olson's request EXCLUSIONS -Contingency to he set up for mulching 2nd year per Talosea's at $3,040.00 - • Bid Date Bid # 12/1612004 21 Qty Rate Total 640 35.00 22,400.00T 0 0.00 O.OOT 4 500.00 2,OOO.00T I 3,040.00 3,040.00T Sales Tax (8.8%) $2,414.72 Total $29,854.72 t" ) Signature of Acceptance iluirllJ:!i-mt< &~~ X 1.5" February 5, 2009 Brian Mannelly Harbour Homes, Inc 33400 9th Avenue South, Suite 120 Federal Way, WA 98003 CIT~ --OF RENTON Economic Development, Neighborhoods and Strategic Planning Alex Pietsch, Administrator Suhject: Receipt of Second Annual Wetland Maintenance lind Monitoring Report Maureen Highlands City of Renton File Number LUA 05·049 Dear Mr. Mannelly: I received the second annual Maintenance and Monitoring report for the Maureen Highlands wetland mitigation project on December 12,2008. The project appears to be meeting its established performance standards and is considered in compliance. Two copies of your next scheduled maintenance and monitoring report are due to the city by September 15, 2009. I f you have any questions, please contact me at (425) 430·7219. Sincerely, 'j~ri~~"" Current Planning Division cc: Cit)' of Renton File LUA 05·049 Martha Moritz, Talasaea Consultants, Inc. MaLireen Highlands HOA ---------------'O-5-5-S-0-ut-h-c-'r-ad-Y-W--"-Y-.-R-c-n-to-n-,-W-.-s'-,i-ng-"-on--9-8-0-57---------------~ ® This paper contains 50% recycled maletiai, 30')'Q post c.ollsumer AIIE.-\I) OF TilE r;UHV/\ November 18, 2008 Brian Mannelly Harbour Homes, Inc 334009'" Avenue S, Suite 120 Federal Way, W A 98003 CITY 'IF RENTON Department of Community and Economic Development Alex Pietsch, Administrotor Subject: Request for 2'd Ann~al Wetland Maintenance and Monitoring Report City of Renton File Numbers LUA04-128 & LUA05-049 Dear Mr. Mannelly: The 2"" Annual Maintenance andMonitoring report for the Maureen Highlands wetland . mitigation project was due to the City of Renton September IS, 2008. To dale I have not received the report. Please send three copies of the report.to my attention as soon as possible. This .letter serves as notice that as of December 31,2008 the matter will be turned over to the Code Compliance Division. As a reminder, you are required to successfully mairitain and monitor the Native Growth Protection Area for five consecutive years. Annual reports are. due to the City by the 15 'h of September until theyear.2010, after which your surety device'will be released: Sincerely, cc: City of Renton File LUA04-128 Cily of RenlOn File LIJA05·049 rauillaker; Code Compliance InSpeCIOr Jcnni(cr Henrting, Current Planning Manager Talasaea Consultants Maureen Highlands HOA --------------IO-55--SO-u-lh-G-"-ad-Y-w--aj-'--I-{e-nt-o-n,-w-a~s-hl-.n-gl-on--9-80-5-7------------~ ® This paper contuins 50% recyclad matenal, 30% post consumer AIIEAD OF TilE CURVE Andrea I'etzel-TAL-S72M Manree.land Maintenance Page 1 of 1 From: "Martha Moritz" <ll1ll1oritz@talasaea.coll1> To: "Andrea Petzel" <APetzel@ci.renton.wa.lIs> Date: 12/17/20072:22 PM SnbJect: TAL-572M Maureen Highland Maintenance Hi Andrea, We just received a copy of your letter to Brian Mannelly at Harbour Homes regarding the Maureen Highlands monitoring report. wanted to confirm with you that the maintenance we requested has been completed, including invasive species removal, garbage removal and replacing 30 dead conifers and maples. I conducted a follow up site visit on 12 November 2007 to make sure all of the maintenance had been completed as requested. Thank you. Martha Moritz, Field Technician mm9Iit~@t<'!!?§'<lea"cQm TALASAEA CONSULTANTS, INC. 15020 Bear Creek Road NE Woodinville, WA 98077 425-861-7550 office 206-218-2936 cell 425-861-7549 fax Ii Ic:/IC: \Doclllllents%20and%20Sett i ngs\nwei I\Loca I %20Selli ngs\Tclllp\G W} 0000 1 .I-ITM 12117/2007 '~." " December 14. 2007 Brian ManneUy Harbour Homes, Inc 33400'9'" Avenue South. Suite 120 Federal Way, WA 98003 CITY )F'RENTON Planniilg/Building/PublicWorks Department Gregg Zlmmerman,P.E •• Administrator Subject: Receipt of First Annual Wetland Maintenance and Monitoring Report , Maureen Highi~nds' [~j!};.of,Rentc;nll1ile'IlIUm!?S~!§W1·\05~Ojl9~""" "","',"';;''''''"c.'''',i''','''] Dear Mr. ManneUy: !.received the tirstannllal Mainte~ande mid MOIlitorihgreport' forthe Maureen Highlands wetland mitigation project on November 14.2007, The project appcars.tobe meeting its established performance standards and is c6nsidered:i~ compliance, " " The report makes several maintenanc'eTecomme~datiohs, whichshciuld becoinpleted ~s soon as ' "possible. in particular those involvi'1g,t~e remova),ofin'!asive species (please see'page'S). ' ' Garbage and debris sh0uld beremoved:from',bothtlie,initigationareas and'thebuffer. ' .' • 'J, " • " '", '. '" ". :" . " ;'. ,", . " ',' . . . " . Two copies ofyciur next scheduled rrminten!lilce and hlonitoringreport are due to the city by Septe'mber IS, 2008, If you, have '~ny questions, please'contaci meat (425)430"7270: ' ," a,rely, y[dt' Andrea Petzel; Plann'er De~elopment Services Divisi~n cc: City of Renton Filc,LUA 05-049 Mmtho Moritz. Talasuca Consultu~ts. Inc" ~~~-:---I~O~55~S-o-ut-h-G-ra-:-d-'y "'W-ay'-.-' R-e-ti-to-n,-W-a'--sh--'in-g-to-n-9-8-05-7---~--~ a\ .• -" '" " 'Af-fE"A,n,',oF TIll! CURVE \%I This pnpercontnin~ 50% recycioo material, 30% past comwmer -_ .,' ' .. Kathy Keolker, Mayor October 19,2007 Martha Moritz Talasaea Consultants. Inc. 15020 Bear Creek Road NE . Woodinville, Washington 98077 CITY" RENTON Planning/Buildi~g/PublicWorks Department Gregg Zimmermim P,E.., Administrator' Subject: Incomplete First.Annual Wetland Maintenance and Monitoring Report City of Renton File Number LUA 05-049 · Dear Ms. Moritz: . · Tliejirsl annual Maintenanceand'Monitoriflg report for the Maureen Highlands'wetland mitigation'projectwas received by the CityofRenton .on October 17; 2007. The report is considered incomplete based on a request for future reports to have speci lic revisions and . information.' Irequested those changes in a conlinn~tion letter I sent on January 2, 2007; acopy is enclosed for· your review, Please revise ihe reports and resubmit 'two copiesto'myattention by November 7; 2007. If you . · have any'questionspleasecofl~~t'me at (425)430-7270::' . , .'. . r' -',. •.... ',. Sincerely; 'Aftdrea Petzel;: Planner Development Services Division · .. Enel. cc; City of" Rent~n File LVA 05,049 Brian Mannelly, Harbour Homes, Inc , '. . ' .. -~ .. ' .' ,~ '~ .~,~ ~,. ~. ~" ------"--:I-05-5-S-o~ut-h-G-,m~d.;"y-W-a-Y--·,-R-'en-"t.;"on-,-W-'ti-sh'-in"""'g-to-n-.9-g'-O"""S7-· ·--'~-----·R EN TO N . Lrltt.:": , ~. ."' ·AIIEAn OF T.~IE"C'URVfi·· \...,....J Thill paporcontains 50% rocvc:t8d ~t&rial. 30% postco~lIu~er '" ", ".' , Kathy Keolker, Mayor, September 21, 2007 Brian Mannelly, Harbour Homes, Inc 33400 9th Avenue S, Suite 120' Federal Way, WA 98003 , ' CITY,( '7 ,RENTON , , Planning/BuildingJrublicWorks Department Gregg Zimmerman P.E.; Administrator Subject: , Request for'FlrstAnnual WctlilndMalntcnancc and Monitoring Rcport City of Renton File Number LUA'OS-049 ' DearMr. Mannelly: ,Tbe I" annual, Maintenance and Monitoring niportfor,the Maureen Highlands wetland mitigation projectwasdue to the City ofRenton:September 21;2007, To date,lhavenot received the report, )'Iease send two copies otthe,~eporttomyatten'tion as s'~-"n as possible, Thii letter serve's as,' notice that-as of October 15 .. 2007. iiie matter will l:ie.tumed over to th'e Code Compliance Di vision, -' , Andrea Petz~I' Planner ' ',,' Development Services Ofvision cc:Ciiy ofRentOn FiieLUA05~049 , ' Paul. Baker" Code ',Compliance ,r nspector, Talasaea Consultants " ,',' , ' ' -.. ' ,',' ", '," i An£!L!;a E.§l\Z.el . Maurt~ Hi9hlinds From: To: Date: Subject: Andrea, "Jeffrey R. Earle" <jearle@harbourhomes.com> <apetzel@ci.renton.wa.us> 01105120074:59:41 PM Maureen Highlands Thanks for the letter of receipt for the wetland monitoring report at Maureen Highlands. Would you please update the contact information to show myself as the Harbour Homes contact? Thanks. Jeff Earle Harbour Homes, Inc. Land Development Manager ph: 253·838·8305 Ix: 253·838·3990 c: 253·377·3170 Please Note: The information in this E·mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the individual(s) named above. If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E·mail message. If you have received this E·mail in error, please notify the sender and delete the material from any computer. Thank you. LJA6S-0 c..;Q Page 1 i January 2, 2007 Brian Mannelly , Harbour Homes, Inc 334009"' Avenue South, Suite 120 Federal Way, W A 98003 CITY OF RENTON' Planning/Building/PublicWorks Department, Gregg Zimmerman P.E., Administrator Subject: Receipt of Quarter 4 We!land Maintenance ~nd Monitoring Report City of Renton File Numbers LUA04-128 & LUA05-049 Therefore, please IIndertake all, recommended maintenance provisions suggested by Talasaea Consultants, In particular, please'ensure that,there'is regular irrigation of the mitigation areas during the dry summer months;, -", ' , In future annual ~eportspl~ase hrive your wetland biologist address the following:' • What plantltre~ species are not surviving~, Please provide a list, as well as details of the replacement plants '-i\n~youreplantitig'withthe same; or different species? Hereafier, annual maintenance and monitoring reports should include details of species survival rates and differentiate between the survival of installed plants versus thoSe that have" ,colonized, ' " ' , " • , Strike Table 1 from'future reports. To date; the obligation for quarterly maintenance and ' monitoring has been fultilled. As noted above, annual maintenance and monitoring , reports'are due 'in September uniil20 1 O. " -------'-------~--R' EN T ~ 1055 South Grady Way -Renton, Washington 98055 AHEAn 011 THE cunVE -.. , . , , \ [n.the future, pleas'e submit two copies of maintenance and monitoring r!!ports to my attention, and please feel free to contact me with any questions, (425) 430-7289 or ' apetzel@c'i,renton,wa.lIs. I lookforward to receiving your,firs't annual report in September 2007. Andrea Petzel, Planner ' , De~elopment Services Division . .... cc: City ofR~nton Fil~ I,UA04-128.' , CCity:of:Rcnton·F.i1'"LUAo'5~049 ~en~~fer'Henn{ng; Current Plannirig Manager' Talasaea Copsultapt.s· . .,' .... '. .,",' '.; .. , , , '" . ,:.-.- " " " .'" ,'.:. . " .. -' : .... ..... ; .. '. ',' . '-:" . . ~ .. '. .,: .. " "", " ''''i.. .. "" :'.' . . "" . . ~ '-:,- . ~, : . ','~ . ~ \' .' .,' " :' . -':' < '.:' " ... ,' " '" -. '.' 'I" ',-, .. . .'.: . ... ~ " .. " , ',.- .," . ' , ' ." .. ;' December 20, 2006 Brian Mannelly Harbour Homes, Inc 33400 9~' Avenue S, Suite 120 Federal Way, W A 98003 , ' CITY .F RENTON PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Request for Qu'arter, 4 Wetllind Maintenance and Monitoring Report City of Renton File'Numbers LUA04·128 & LUA05~049 Dear Mr. Mannelly: " , The 4th quarter Maintenance and ¥onitoring report for the Maureeri Highlands'wetland mitigation project was due to the City Of RentonSeptember. 15,. 2006: Afterseveral exchanges with your wetlands biologi~t; to date J have not received the report. • .. ': Please,send two copies of the njport·!o my atteJ]ticm.assoon as possible. This letter serves as notice,that as of January 17, 2007 the matter .will hetumed over to the Code Compliance Division.. ' .... ." . Sincerely, ~ Andrea Petzel Developme~t Services Division' ce: City ofRentonFileLUA04'128 Ciiy of Renton·File LUAOS·049 ' . Paul Baker;Code Compliance Inspector· . Jennifer Henning; Current Planning Ma~ager Talasnen Consultimls -------IO-SS-S-o-u-th-a-ra-d-y-W-a-y-. R-e-n-to-n,-W-.-sh-in-g-to-n-9-S-0S-s----'---R E N T ~ ~, Alll!AI> OF' THE CURVE , ... .J CITY OF RENTON, WASHINGTON RESOLUTION NO. 3759 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (MAUREEN IDGHLANDS DMSION m; FILE NO. LUA·05-049,FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the PlanninglBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanningIBuildinglPublic 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 ORDAIN AS FOLLOWS: SECTIONL SECTIOND. The above findings are true and correct in all respects. The final plat approved by the PlanningIBuildinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit lOA" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. 3759 (The property, consisting of IJPproximately 4.6 acres, is located east of Rosario Avenue NE and north ofNE 4 Street) 1... " 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 Planning/Building/Public Works Department dated June \, 2005. PASSED BY THE CITY COUNCIL this 13 th day of ___ J_ll_n_e __ ---', 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 13 th day of ___ J_li_n_e ___ --', 2005. J(1:J.~-J~ Kathy KIker-Wheeler, Mayor Lawrence 1. Warren, City Attorney Date of Publication: N IA ORD.1116:6/06/05:ma 2 ~., . wi CORE DESIGN, INC. BELLEVUE, WA 98007 CORE Project No: 03024 LEGAL DESCRIPTION -Maureen Highlands Div.1II Parcel A of City of Renton Lot Line Adjustment LUA-05-028-LLA, according to the lot line adjustment thereof recorded May 3, 2005 under King county recording No. 20050503900029. C:IDocuments and Selllngs~sitthidet\Locat SettlngslTemplMXLlbDlrl03024L 11 Div IIILEGAL.doc RENTON HIGHLANDS-I""-~ \ z o ~ ~·--~X----rLU~1 VICINITY MAP N.T.S. MAUREEN HIGHlANDS, DIV. III FINAL PlAT PAGE 10F1 VICINITY MAP coRE \:. /DESIGN 1471' Nt: 291h PIa,_, filOI a.llniM, Wo.dllngtoo 98007 42$.885.7877 Feu 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO_ 03024 Q~ Knlhy Kcolker-Wheeler. Mayor June 14, 2005 Brian P. Mannelly Harbour Homes, Inc. \. 33400 9th Ave. S., Suite 120 Federal Way, WA 98003 CITY '~F RENTON City Clerk Bonnie I. Walton Re: Maureen Highlands Division III Final Plat, File No. LUA-05-049, Fl" Dear Mr. Mannclly: At the regular Council meeting of June 13,2005, the Renton City Council approved the referenced final plat by adopting Resolution No. 3759. A copy of the resolution is enclosed for your files. I r I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure cc: Mayor Kathy Keolker-Wheeler Council President Terri Briere Julianna Fries, Development Services Division -;'1 0"'5""5"S""ou""'thC'O'"r""'ad"y"W"a"'y"".nR-en-:-to-n-', W;';";-as..-hl,-· n""gt-on-;;;9S""O"5 5'.-;("'42"'5") 4"'3"0·'765"1"0 "I r"'A"X"( 4"2"'5)"4"'30"."65"1 '6 -~ ® This paper contains 50% racyded material, 30% poll consumer AIIEAI> OF TlIg CURVE June 13,2005 Human Resources: 2005 Group Health Cooperative Medical Coverage Contracts Utility: Emergency Power Generation Facilities Design, RH2 Engineering Added CORRESPONDENCE Citizen Comment: Renton Park Elementary -Grocery Cart Abandonment UNFINISHED BUSINESS Community Services Committee Appointment: Library Board Finance Committee Finance: Vouchers Budget: 2005 Amendment (Carry Forward & Additional Appropriations) RESOLUTIONS AND ORDINANCES Resolution #3759 Plat: Maureen Highlands Division Ill, Rosario Ave NE, FP-05-049 t Renton City Council Minutes Page 215 Human Resources and Risk Management Department recommended approval of the 2005 Group Health Cooperative medical coverage contracts for LEOFF I Employees, LEOFF I Retirees, and all other active employees. Refer to Finance Committee. . Utility Systems Division recommended approval of an agreement in the amount of $118,664 with RH2 Engineering, Inc. to design the emergency power generation facilities for the City of Renton power system. Council concur. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE nlE CONSENT AGENDA AS PRESENTED. CARRIED. Letters were entered into the record from 3rd grade students (Carolyn Stephens and Cindy Pickens, Instructors) at Renton Park Elementary School, 16828 128th Ave. SE, Renton, 98058, expressing their opinions regarding the issue of abando~ed shopping carts. Community Services Committee Chair Nelson presented a report recommending concurrence in the Mayor's appointment of Heidi Beckley to the Library Board for a five-year term expiring 611/2010. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwomen Nelson introduced Ms. Beckley who expressed appreciation for the opportunity to serve the City. Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 237891 -238476 and three wire transfers totaling $3,465,339.95; and approval of Payroll Vouchers 57502 -57757, one wire transfer, and 575 direct deposits totaling $1,899,288.87. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Chair Persson presented a report recommending COnCurrence in the staff recommendation to approve carry forward requests and additional appropriations in various funds totaling $24,654,915 for the purpose of meeting 2004 obligations in 2005. These appropriation adjustments will result in the increase of the 2005 Budget from $152,731,500 to $177 ,386,415. Funding for a comprehensive utility rate study is included in this budget adjustment. The Administration will review the scope of work for the rate study with the City Council prior to its initiation. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY LAW, COUNCn.. CONCUR TN THE COMMITTEE REPORT. CARRIED . . (See page 216 for ordinance.) The following resolution was presented for reading and adoption: A resolution was read approving the Maureen Highlands Division ill Final Plat; approximately 4.6 acres located east of Rosario Ave. NE and north of NE 4th SI. (FP-05-049). MOVED BY CLAWSON, SECONDED BY PALMER, o COUNCn.. ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/20/2005 for second and final reading: June 13, 2005 Monday, 7:30 p.m. CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE SPECIAL PRESENTATION Police: Fred Meyer Recognition for Housing Sub- Station ADMINISTRA 'fIVE REPORT CONSENT AGENDA Council Meeting Minutes of June 6, 2005 Plat: Maureen Highlands Division Ill, Rosario Ave NE, FP-05-049 Planning: Multi-Family Housing Property Tax Exemption Modifications Comprehensive Plan: 2005 Amendments RENTON CITY COUNCIL Regular Meeting MINUTES Council Chambers Renton City Hall Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. TERRI BRIERE, Council President; DENIS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN; DON PERSSON; MARCIE PALMER. KATHY KEOLKER-WI'IEELER, Mayor; JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE W ALTON, City Clerk; GREGG ZIMMERMAN, PlanninglBuilding/Public Works Administrator; MIKE WILSON, Interim Finance and Information Services Administrator; CHIEF GARRY ANDERSON, Police Department. Police Chief Garry Anderson expressed appreciation to Fred Meyer Stores, Inc. providing space for a Police Department sub-station free of charge for nine years at the Fred Meyer shopping center on Rainier Ave. S. He noted the relocation of the police sub-station from this space to the City Center Parking garage in downtown Renton. Chief Anderson presented Rick Nestegard, Store Director, with a plaque and a certificate of appreciation, and pointed out that Fred Meyer also contributes to community events such as the Special Olympics and the Return to Renton Car Show. Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: ill A fireworks ban is in effect within the Renton City limits and both the Police and Fire Departments will actively enforce this ban. ill The Henry Moses Aquatic Center will open for the weekend, June 18th and 19th, and then re-open daily for the season on June 22nd through September 5th. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of June 6, 2005. Council concur. Development Services Division recommended approval, with conditions, of the Maureen Highlands Division III Final Plat; 19 single-family lots on 4.6 acres located east of Rosario Ave. NE and north of NE 4th St. (FP-05-049). Council concur. (See page 215 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended approval to modify the existing designated residential targeted areas for the multi-family housing property tax exemption and to improve the clarity or intent of the project eligibility requirements. Refer to Planning and Development Committee; sct public hearing on 6127/2005. Economic Development, Neighborhoods and Strategic Planning Department submitted proposed 2005 Comprehensive Plan amendments. Refer to Planning and Development Committee and Planning Commission. L. i'Y OF RENTON COUNCIL AGENDA BILL SUbmitting Data: Planning/Building IPublic Works DeptlDiv/Board .. Development Services Di vision Stu ff Contact ...... Juliana Fries x:7278 Subject: MAUREEN HIGHLANDS DIVISION lTl FINAL PLAT File No. LUA 05-049, FP (LUA 01-079, PI') 4.6 acres located East of Rosario Ave NE & North of NE 4'h Street. Exhibits: I. Resolution and legal description 2. Staff report and recommendation Recommended Action: Council concur Fiscal Impact: N/A Expenditure Required ... Amount Budgeted ....... Total Project Budget SUMMARY OF ACTION: I A'# 6 .b . For Agenda of: June 13, 2005 Agenda Status Consent.. ............ Public Hearing .. Correspondence .. Ordinance ............. Resolution ............ Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept ........ . Finance Dept .... .. Other ............. .. Transferl Amendment ....... Revenue Generated ......... City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. Division III of the plat divides 4.6 acres into 19 single-family residential lots. The construction of the utilities and street improvements to serve the lots is completed. All plat improvements are constructed to the satisfaction of City staff. All conditions placed on the preliminary plat by City Council will be met prior to recording of the plat. STAFF RECOMMENDATION: Approve Maureen Highlands Division III Final Plat, LUA 05-049, FP, with the following condition and adopt the resolution. I. All mitigation fees shall be paid prior to the recording of the plat. X X x CITY OF RENTON. WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (MAUREEN mGHLANDS DMSION Ill; FILE NO. LUA·05-049,FP). 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, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTIONJ. The above findings are true and correct in all respects. SE<;TIONJJ. 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 iffuJly set forth RESOLUTION NO. __ _ (The property, consisting of ~proximately 4.6 acres, is located east of Rosario Avenue NE and north ofNE 4 Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the PlanninglBuildinglPublic Works Department dated June I, 2005. PASSED BY THE CITY COUNCIL this ___ day of ______ ---', 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of _______ ---', 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ____ _ ORD.1116:6/06/05:ma 2 CORE DESIGN, INC. BELLEVUE, WA 98007 CORE Project No: 03024 LEGAL DESCRIPTION -Maureen Highlands Div.1II Parcel A of City of Renton Lot Line Adjustment LUA-05-02B-LLA, according to the lot line adjustment thereof recorded May 3, 2005 under King county recording No. 20050503900029. C:IDocumenls and SollingsljslllhidellLocal SetUngslTempIMXLlbDlrlD3D24L 11 Div IIILEGAL.doc VICINITY MAP N.T.S. MAUREEN HIGHlANDS, DIY. III FINAL PlAT PAGE VICINI1Y MAP Coif \:: /DESIGN 10F1 147/ , Nt: 291h PIuaJ, #101 a.n.VIJIt. Wcuhhg;ton 98007 41.5.885.7877 Fax 425.88$.7963 ENGINEERING· PLANNING· SURVEYING JC>B NC>. 03024 DEVELOPMENT SlmVrCES mVISJON BUILmNG/PLANNrNG/PUBLlC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Harbour Homes, Inc. Maureen Highlands Division lIT Final Plat. File: LUA 05-049FP East of Rosario Ave NE & North ofNE 4th Street. Section II, Twp. 23 N., Rng 5 E. Final Plat for 19 single-family residential lots with water, sanitary sewer, storm, street and lighting. ApJlrove With Conditions FINmNGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Harbour Homes, Inc., filed a request for apJlroval of Division ill (phase 5), a 19-1ot Final Pial. 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 July 31, 2001 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. S. The subject site is located at East of Rosario Ave NE & North Side ofNE 4th Street. The new plat is located in Section II, Twp. 23 N., Rng 5 E. G. The subject site is a 4.6-acre parcel. 7. The Prel iminary Plat (LUA-O 1-079) was approved by the City of Renton Council on November 5th 200 I. 8. The site is zoned Residential 5 DUlAC (R-5). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. AIJ plat improvements are constructed to the satisfaction of City staff. II. 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: • The constntction drawings comply with the recommendations made by the geotechnical engineering report, by GeoEngineers, in their geotechnical study. • The Wetland Mitigation Plan has been adopted. Wetlands mitigation has been provided. • The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 -for detention. • The Transportation Fee wiJI be paid prior to recording. • The Fire Mitigation Fee wiJI be paid prior to recording. • The Parks Mitigation Fee wiIJ be paid prior to recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: • Applicant complied with the above ERC conditions. • A Substantial Completion of Water Mains and Hydrants letter was received from Water District # 90. • The already created Maureen Highlands Homeowners Association wiIJ have the referenced maintenance responsibilities. A Second Supplemental Declaration of Maureen Highlands to the Declaration of Protective Covenants, Conditions, Easements and Restrictions of Maureen Highlands declares Division II of Maureen Highlands a member of the Association. The Second Supplemental Declaration was reviewed and approved by Development Services and the City Attorney, and includes the referenced maintenance responsibilities. • Payment of Issaquah School District wiIJ be required prior to the issuance of any building permit. • A new public street connecting to NE 4th Street has been provided. • Certification of minimum water pressure has been provided. • An Utility and Access easement along the eastern boundary of the subject site has been granted to the Maureen Highlands plat CONCLUSIONS The Final Plat generaIJy appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the rinal Pint with the following conditions: I. All plat fees shall be paid prior to the recording of the plat. SUBMITTED TInS I" DAY OF .JUNE, 2005 cc; Kayren Kittrick LUA·05·049·FI' JU(JIANAFR DEVELOl'MENT SERVICES DIVISION CORE DESIGN, INC. BELLEVUE, WA 98007 CORE Project No: 03024 LEGAL DESCRIPTION -Maureen Highlands Div.1II Parcel A of City of Renton Lot Line Adjustment LUA-05-028-LLA, according to the lot line adjustment thereof recorded May 3, 2005 under King county recording No. 20050503900029. C:IDocuments and SettingsljsitthidetlLocal SettingslTemplMXLibDirl03024L 11 Div IIILEGAL.doc ~""" ~ _ ~n (f'lUCI 110.111 1/ IG..t.N.14 IIOUI'II.I'. "L • • • -- " -- --• -- \.. \.. • • • II II If I I " I I , , MAUREEN HIGHlANDS, DIV.III FINAL PLAT PAGE 10F1 PLAT PlAN cOif \: ~DESIGN 1471 J Nf 29rh Placo, #101 Iollovuo. Wcnlthpton 98007 "25.B85.7877 Fa. 42S.88SJP63 ENGINEERING· PLANNING· SURVEYING JOB NO_ 03024 , , • II II . \ L I. L I " l- ~I----I !l I- I I- II I \ II It _\ ~, N.T.S. II II I • L I I v I~ I I- Ii VICINI TY MAP N.T.S. MAUREEN HIGHlANDS, DIV.III FINAL PlAT PAGE 10Fl VICINITY MAP CORE \.: ./' DESIGN - 14711 Nt: 29th Placlt, #101 a.II.YlJe, Wodllngton 98007 42.5.885.7877 Fcu 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO. 03024 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM September 25, 2003 Bob Mac Onie Sonja Fesser, Technical Services .Iuliana Fries, X 7278 MAUREEN HIGHLANDS DIVISION III • FINAL PLAT LUA 05·049 FP East of Rosario Ave NE & North of NE 4th Street 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: Name Title Date Approval: , \AL 7j~ ) ~ ,\ 3lf ODtb ) ~/J ';/'" 5 Name . Ie Date litem # 13021 iOC ,DC ,O! ,01 5, 5' 5' 51 5C 5C 5C 5C 5l 5C 5C 5C 141 11 i Fe, I Park 1 iii Fee ,I i Fees inding I Plat O. I Jse Fees i I Review " i ,Pial Final Pial 10.00 PUC I Gra, ina & Filling Fees Lol .ine ~obile Home Parks tezone oulin Maml Ii Subsl Dev Site Plan \ooroval Temp Use or Fence Review Fees i I I Fee ,Plan Amend 'ire Mi i raffic i i i ee I laps I,) pecial fax '2.00 137. ~ Tolal Rows: 27 Fee Items-LUA05-049 12:29 06/17/2005 nt I code .-- ,-- lO.OO 1.0017 I.U01H 1.01= '2.nn -:37.25 000 000. . ~ ,604. 1:~~1 ',-- '- Page 1 To: From: Date: Subject: .. City of Renton rnterOffice Memo Larry Warrcn, City Attorney .lui iana Fries (425-430-7278) June 1,2005 Maureen Highlands Division III -Final Plat LUA 05-049,1'1' Agenda Bill and Resolution Attached for your action is a copy of the Agenda Bill and a draft version Resolution for Maureen Highlands Division III Final Plat. The proposed date for consideration by the Council is June 13, 2005. A legal description .md a vicinity map are attached for reference and your use. It may be of assistance with this request, plcase call me at 430-7278. cc: Kayrcl1 Kittrick I 'I I CIT JF RENTON COUNCIL AGENDA L w I AI #: Submitting Data: Planning/Building IPublic Works For Agenda of: June 13, 2005 Dept/DivlBoard .. Development Services Division Staff Contact. ..... Juliana Fries x:7278 Agenda Status Consent.. ............ X Subject: Public Hearing .. MAUREEN HIGHLANDS DIVISION lIT FINAL Correspondence .. PLAT Ordinance ............. CONCurtEN~ File No. LUA 05-049, FP (LUA 01-079, 1'1') Resolution ............ DATE 1- 4.6 acres located East of Rosario Ave NE & North of Old Business ........ ~ fiTI AUp,-:r ,I-NE 41h Street. J<.: \<.i • ~ b II>! i\): wedl!. )JWbI2lb~ Exhibits: New Business ....... . Q; ~ "''''.= ,(j-'i! fY " I. Resolution and legal description Study Sessions ...... I -2. Staff rcpon and recommendation In formation ......... ~.-"''''''--,- Recommended Action: Counci I concur Fiscal Impact: N/A Ex pend i t u re Rcq u ired ... Amount Budgeted ....... Total Project Budget SUMMARY OF ACTION: Approvals: Legal Dep!... .... .. Finance Dep!... .. . Other .............. . Transferl Amendment. ...... Revenue Generated ......... City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. Division III of the plat divides 4.6 acres into 19 single-family residential lots. The constmction of the utilities and street improvements to serve the lots is completed. All plat improvements are constructed to the satisfaction of City staff. All conditions placed on the preliminary plat by City Council will be mot prior to recording of the plat. STAFF RI~COMMgNDATION: Approve Maureen Highlands Division III Final Plat, LUA 05-049, FP, with the following condition and adopt the resolution. I. All mitigation fces shall be paid prior to the recording of the plat. x cn . OF RENTON COUNCIL AGENDA BJLL Submitting Data: Planning/Building IPublic Works DeptiDivlBoard .. Development Services Division S ta rr Contact.. .... Juliana Fries x:7278 Subject: MAUREEN HIGHLANDS DNISION III FINAL PLAT File No. LOA 05-049, PI' (LOA 01-079, PI') 4.6 acres located East of Rosario Ave NE & North of NE 4th Street. Exhibits: 1. Resolution and legal description 2. Staff report and recommendation Recommended Action: Council concur Fiscal Impact: N/A Expenditure Required ... Amount Budgeted ....... Total Project Budget SUMMARY OF ACTION: I AI #: For Agenda of: June 13, 2005 Agend a Status' Consent. ............. Public Hearing .. Correspondence .. Ordinance ............. Resolution ............ Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dep!... .... .. Finance Dept. .. .. Other ............. .. Transferl Amendment. ..... . Revenue Generated ......... City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. Division III of the plat divides 4.6 acres into 19 single-family residential lots. The construction of the utilities and street improvements to servll the lots is completed. All plat improvements are constmcted to the satisfaction of City staff. All conditions placed on the preliminary plat by City Council will be mel prior to recording of the plat. STAFF RECOMMENDATION: Approve Maureen Highlands Division IJJ Final Plat, LUA 05-049, FP, with the following condition and adopt the resolution. I. Allllli(igation fees shall be paid prior to the recording of the plat. X X X DI~VELOPMENT SERVICES DIVISION BUIJ,DlNG/PLANNlNG/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDA nON: Harbour Homes, Inc. Maureen Highlands Division ill Final Plat. File: LVA 05-049FP East of Rosario Ave NE & North ofNE 4'h Street. Section II, Twp. 23 N., Rng 5 E. Final Plat for 19 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: J. The applicant, Harbour Homes, Inc., filed a request for approval of Division ill (phase 5), a 19-1ot 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 July 3 I, 2001 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at East of Rosario Ave NE & North Side ofNE 4'h Street. The new plat is located in Section II, Twp. 23 N., Rng 5 E. 6. The subject site is a 4.6-acre parcel. 7. The Preliminary Plat (LUA-OJ-079) was approved by the City of Renton Council on November 5"' 200 I. 8. The site is zoned Residential 5 DUlAC (R-5). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. All plat improvements are constructed to the satisfaction of City staff.' 11. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. TIle applicant complied with the conditions imposed by the ERC: • • • • • The constTIlction drawings comply with the recommendations made by the geotechnical engineering report, by GeoEngineers, in their geotechnical study. The Wetland Mitigation Plan has been adopted. Wetlands mitigation has been provided. TIle project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 -for detention. The Transportation Fee will be paid prior to recording. The Firc Mitigation Fee will be paid prior to recording. • The Parks Mitigation Fee will be paid prior to recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: • • • • • • • Applicant complied with the above ERC conditions. A Substantial Completion of Water Mains and Hydrants letter was received from Water District # 90. The already created Maureen Highlands Homeowners Association will have the referenced maintenance responsibilities. A Second Supplemental Declaration of Maureen Highlands to the Declaration of Protective Covenants, Conditions, Easements and Restrictions of Maureen Highlands declares Division II of Maureen Highlands n member of the Association. The Second Supplemental Declaration was reviewed and approved by Development Services and the City Attorney, and includes the referenced maintenance responsibilities. Payment of Issaquah School District will be required prior to the issuance of any building pernlit. .' A new public street connecting to NE 41h Street has been provided. Certification of minimum water pressure has been provided. An Utility and Access easement along the eastern boundary of the subject site has been granted to the Maureen Highlands plat CONCLUSIONS 'nle Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. • The City Council should npprove the Final Plat with the following conditions: I. All plat fees shall be paid prior to the recording oflhe pInt. SUBMITTED TIllS 1" DAY OF JUNE, 2005 cc: Kayren Kittrick LUA·OS.Q49·Fr " DEVELOPMENT SERVlCES ])JVlSION CORE DESIGN, INC. BELLEVUE, WA 98007 CORE Project No: 03024 LEGAL DESCRIPTION -Maureen Highlands Dlv.1II Parcel A of City of Renton Lot Line Adjustment LUA-05-02B-LLA, according to the lot line adjustment thereof recorded May 3, 2005 under King county recording No. 20050503900029. . . C:IDocumenls and Settlngs~slllllldellLocal SellingslTemplMXLlbDlrl03024L 11 Dlv IIILEGAL.doc """ _'D -"". \IIl. .. No •• 1II:."'"r. • • ---1----1 • " " • • III:. 7Dt lit II " , • II ,. • c lu L I . l- ~-:---r--r----1~--4---~-----l ~~--~ i I • ~ I- I --• --• --• -- I I • I I III:. 7111'1. r .....,.- C-~"r: -i 1--, t-, - 1--+--- MAUREEN HIGHLANDS, DIY. III RNALPLAT PAGE 1DF1 PLAT PLAN cORE \,: ~DES'GN J47" He 29f#t PJoe., #IOJ .... _W_98007 42S.885.7877 FfUl 42$.885.7963 ENGINEERING PLANNING· SURVEYING JOB NO_ 03024 II I 1 \ " II _\ N.T.S . " .. r I- • L I I. If- I I" I, VICINITY MAP N.T.S. MAUREEN HIGHlANDS, DIV.III FINAL PlAT PAGE 10F1 VICINITY MAP Coif ~DES'GN 1471' NE 29th Plo~, Mlal a.I~VIIft. 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" ,> • ; • 'f" r' ,", ,"1-' .. .>. , ,f, ~,; ,".: , " " , ,,<:,.;' t , 11:,,1, , " .. ' ' . " '~. I,.: ,., !, ";,, J :' '" ~-, . " , ,to • ,J ." . .' '.-, .' " '. " ""', . : :' ", ,,' . """ " ,; "i' .'., ,',' . , . ' .. ' ." " " ~ , . , . ., .... .', c • " " .; , , :~ . " , .. ' ;, , ~ , '. . ' , . .. .,' , ' '~ ..... ,., . , " '. '" ' " "i " " , .' .' ,. '. ! \ AFTER RECORDING RETURN TO: City of Renton c/o City Clerk 1055 South Grady Way Renton, W A 98055 SECOND SUPPLEMENTAL DECLARATION OF MAUREEN HIGHLANDS TI'IIS SECOND SUPPLEMENTAL DECLARATION is made on the date hereinafter set forth by Harbour Homes, Inc., a Washington corporation, with an address of33400 9th Ave. South, Suite 120, Federal Way, Washington ("Declarant"). RECITALS A. Declarant, as the owner of certain real estate in King County, Washington, executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for the Plat of Maureen Highlands, on November 24, 2003, under recording number 20031124001222 (the "Declaration") and the Supplemental Declaration on February 24, 2005, under recording number 20050224001491 in the records of King County, Washington. B. The Declaration provides for enlargement, expansion and otherreserved rights ofthe Declarant. C. Section 2.2 of the Declaration reserved unto the Declarant the right to submit Additional Property to the Declaration. D. Exhibit B of the Declaration provides the legal description of the Additional Property which Declarant may annex to the Maureen Highlands Community. E. At this time Declarant desires to annex a portion of the Additional Property to the Maureen Highlands Community, pursuant to rights reserved in the Declaration. F. Declarant has complied with all the temlS and conditions of the Declaration to enable it to execute this Second Supplemental Declaration. Declarant hereby declares as follows: I. Annexation of Property. Pursuant to this Second Supplemental Declaration, the property described in Exhibit A attached hereto and incorporated herein by this reference, which property is a portion of the Additional Property, is hereby annexed to the Community and the Property, as defined in the Declaration. Declarant hereby establishes and annexes Lots and Common Area to the Community and the Property as defined in the Declaration, which additional Lots and Common Area are identi fied in Exhibit A attached hereto and incorporated herein by reference. The property described in Exhibit A is subject to all of the terms and provisions of the Declaration. 2. Allocated Interests. The common expense and votes in the Association allocated to each Lot shall be as provided for in the Declaration. 3. Additional Restrictions. The real property described in Exhibit A attached hereto is subject to the following additional restrictions: None. 4. Definitions. Unless otherwise defined herein, initially capitalized terms or terms defined in the Declaration shall have the same meaning herein. Dated this ___ day of _________ , 2005. DECLARANT: Harbour Homes, Inc., a Washington corporation John Merlino, Vice President/General Manager State of Washington ) ) ss. County of King ) I certify that I know or have satisfactory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instnllnent and acknowledged it as the Vice President/General Manager of Harbour Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: _________ _ Notary Public in and for the State of Washington Residing at: _______ _ Printed Name: _::---,--____ _ My Appointment Expires ___ _ 2 , I .'-t' EXHIBIT A DESCRIPTION OF REAL ESTATE Lots I through 19, and Tracts A and B Maureen Highlands Division No.3, according to the plat thereof recorded in Volume of plats, at Pages __ through __ , records of King County, Washington. Common Area: Tract B Division 3 is a pedestrian access facility tract that is owned and maintained by the Association. Private Tract: Tract A Division 3 is a private access and utility tract that is owned and maintained by the owners of Lots 8 and 9 pursuant to a separately recorded instrument. .. First American Developer Services Fax No. (253) 671-5802 Shari Workman (253) 671-5824 5workman@flrstam.com To: Harbour Homes 33400 9th Ave S, Ste 120, Suite 305 Federal Way, WA 98003 Attn: Justin Lagers Re: Property Address: vacant land, Renton, WA .. First American 71tle Insurance Company 3866 5 74th 5t Tacoma, WA 98409 Phn -(253) 471-1234 (800) 238-8810 Fax - William Tlglao (253) 671-5835 btlglao@flrstam.com File No.: 4269-540449 Your Ref No.: Maureen Highlands Dlv. III Supplemental Report #2 (Amended) Dated: May 16, 2005 at 8:00 A.M. Commitment/Preliminary Report No. 4269-540449 dated as of March 02, 2005 (Including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as Follows: There has been no change in the title to the property covered by our preliminary report since March 2, 2005 at 7:30a.m., except as noted below: Matters disclosed in the 1st Supplemental Paragraph no.(s) 1 and 2 of our Commitment/Preliminary Report has/have been eliminated. The legal description of tile herein described property has been amended to read as follows: Parcel A of City of Renton Lot Line Adjustment LUA-05-028-LLA, according to Lot Line Adjustement recorded May 3, 2005 in Volume 186 of plats at Pagers) 50 and 51, under Recording No. 20050503900029, In King County, Washington. First American Title Insurance Company By: Shari Workman, Title Officer Page 1 of 1 Form No. 14 Subdivision Guarantee , - '" .. \ " Guarantee No.: 4269-540449 \. 'I . , ,/\ .' 'i Issued by First American Title Insurance Company 3866 South 74th Street, Tacoma/ WA 98409 Title Officer: Shari Workman Phone: (253) 471-1234 FAX: First AmenCiJn Title .. Form No, 14 Subdivision Guarantee (4'10·7S) Guarantee No.; 4269-540449 Page No.' 1 LIABILIlY FEE First American Developer Services Fax No. (253) 671-5802 Shari Workman (253) 671-5824 sworkman@firstam,com First American 17tle Insurance Company 3B66 South 74th Street Tacoma, WA 9B409 Phn· (2S3) 471-1234 (BOO) 23B·OOl0 Fax ~ William Tlglao (253) 671-5835 btlglao@firstam.com AMENDED SUBDIVISION GUARANTEE $ $ 1,000.00 ORDER NO.: 4269-540449 350,00 TAX $ 30.80 YOUR REF,: Maureen Highlands Dlv. III First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and In Schedule A. GUARANTEES Core Designs, Inc. herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILIlY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but In no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee Is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It Is not to be used as a basis for closing any transaction affecting title to said property. Dated: March 02, 2005 at 7:30 A.M. First Amenean Title Form No, 14 Subdivision Guarantee (4·10·75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Harbour Homes, Inc., a Washington Corporation Guarantee No,: 4269-540449 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or In acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to minerai estates. DESCRIPTION: Parcel "A": Tract "B" of Maureen Highlands Dlv. n, according to plat recorded February 24, 2005 In Volume 227 of plats at Page(s) 1 through 5, inclusive, under Recording No. 20050224001490, In King County, Washington. Parcel "BII: Lot 1 of City of Renton Lot Line Adjustment No. LUA-03-0B3-LLA, according to survey recorded September 24, 2003 In Volume 163 of surveys at Page(s) 56 and 56A, under Recording No. 2003092490000B, in King County, Washington. APN: 521450-0BOO-02 and 112305-9004-02 First AmenCiJn Title Farm No. 14 Subdivision Guarantee (4·10·75) RECORD MATTERS: .. Guarantee No.: 4269-540449 Page No.: 3 1. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 521450-0800-02 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: 1st Half $ 14,156.93 $ 0.00 $ 14,156.93 $ 2,500,000.00 $ 0.00 2nd Half $ 14,156.93 $ 0.00 $ 14,156.93 $ 2,500,000.00 $ 0.00 Said amount was for the entire plat of Maureen Highlands Div. II consisting of 31 Lots and Tract(s) A and B (Tax Account No(s). for Tract(s) B is/are not yet available) (as to Parcel "A") 2. General Taxes for the year 2005. The nrst half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 112305-9004-02 1st Half Amount Billed: $ 14.59 Amount Paid: $ 0.00 Amount Due: $ 14.59 Assessed Land Value: $ 2,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 14.59 Amount Paid: $ 0.00 Amount Due: $ 14.59 Assessed Land Value: $ 2,000.00 Assessed Improvement Value: $ 0.00 (as to Parcel "B") 3. Facility Charges, if any, Including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of the City of Renton as disclosed by instrument recorded under Recording No. 9606210966. First Amen'can Title .. Form No. 14 SubdIviSion Guarantee (4-10-75) 4. Deed of Trust and the terms and conditions thereof. Grantor: Beneficiary: Harbour Homes, Inc. U.S. Bank N.A. Trustee: U.S. Bank Trust Company, N.A. Amount: $5,092,000.00 Recorded: December 18, 2003 Recording No.: 20031218000576 (affects Parcel "B" and Includes other property) Modification and/or amendment by instrument: Recorded: April 14, 2004 Recording No.: 20040414002276 5. Deed of Trust and the terms and conditions thereof. Grantor: Harbour Homes, Inc. Beneficiary: U.S. Bank N.A. Trustee: U.S. Bank Trust Company, N.A. Amount: $5,355,000.00 Recorded: August 17, 2004 Recording No.: 20040817002401 (affects Parcel "A" and includes other property) .. 6. Reservations and exceptions, Including the terms and conditions thereof: Reserving: minerals Guarantee No.: 4269-540449 Page No.: 4 Reserved By: Recorded: Northern Pacific Railway Company, a Wisconsin corporation December 4, 1957 Recording No.: 4855523 In this connection we note "Notice of Claim to Severed Mineral Interest" recorded under Recording No. 20030125002078 and 200301250002079. 7. Right to make necessary slopes for cuts or fills upon said premises for S.E. 128th St. (132nd Ave. S.E. to 168tl1 Ave. S.E.) as granted by deed recorded November 29, 1964 under Recording No. 5827209. 8. The terms and provisions contained in the document entitled "Affidavit" Recorded: November 19, 1980 Recording No.: 8011190344 9. Conditions, notes, easements, provisions and encroachments contained and/or delineated on the face of the survey recorded under King County Recording No. 9508079012. 10. The terms and provisions contained in the document entitled "Sensitive Area Notice on Title" Permit No.: L9966510 Recorded: Recording No.: March 21, 2001 20010321001413 First American Title .. Form No. 14 Subdivision Guarantee (4-10·75) .. Guarantee No.: 4269-540449 Page No.: S 11. Terms, covenants, conditions and restrictions as contained In recorded Lot Line Adjustment (Boundary Line Revisions): No.: LUA-Ol-0BO-LLA Recorded: Recording No.: July 15, 2002 20020715900003 12. Easement, including terms and provisions contained therein: Recorded: May 12, 2003 Recording No.: 20030512001491 For: ingress, egress and utilities 13. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): No.: LUA-03-0B3-LLA Recorded: Recording No.: September 24, 2003 2003092490000B 14. Easement, Including terms and provisions contained therein: Recorded: October 20, 2003 Recording No.: 20031020000315 In Favor of: King County Water District No. 90, a municipal corporation For: water mains and appurtenances 15. Restrictions, conditions, dedications, notes, easements and provisions, if any, contained and/or delineated on the face of the plat recorded in Volume 21B of plats at Page(s) 61 through 67, inclusive, in King County, Washington . . 16. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recorded: November 24, 2003 Recording No.: 20031124001222 17. Provisions of the Articles of Incorporation and By-Laws of the Maureen Highlands Homeowners Association, and any tax, fee, assessments or charges as may be levied by said Association. lB. Restrictions, conditions, dedications, notes, easements and provisions, if any, contained and/or delineated on the face of the plat recorded In Volume 227 of plats at Page(s) 1 through 5, inclusive" in King County, Washington. 19. Matters which may be determined upon examination of the final plat. INFORMATIONAL NOTES A. Any sketch attached hereto Is done so as a courtesy only and is not part of any title commitment or policy. It Is furnished solely for the purpose of assisting In locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First AmMean Title .. Form No. 14 Subdivision Guarantee (IJ-IO-7S) , Guarantee No.: 4269-540449 Page No.: 6 SCHEDULE OP EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE! 1. Except to the extent that speclflc assurance are provided In Schedule A rA this Guarantee, the Company assumes no lIablllty for loss or damage by reason of the following: Cal Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the publiC records. (b) (I) Taxes or assessments of any taxing authority that levies taxes or assessments on real propertyj or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or bV the public records. (el (I) Unpatented mining claims; (2) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public recoms, 2, Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumeS no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described In the description set forth in Schedule (A), (C) or in Part 2 of thiS Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnelS, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and spedflcally set forth in said description, (b) Defects, liens, enOJmbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the AssuredS; (2) which reSult In no loss to the Assured; or (3) which do not result In the Invalidity or potential Invalidity of any Judicial or non-JudiCial proceeding which Is within the scope and purpose of the assurances provided, (c) The Identity of any party shown or referred to In Schedule A, (d) The validity, legal effect or priority of any matter shawn or referred to In this Guarantee, GUARANTEE CONDITIONS AND STIPULATIONS 1, Detlnitlon of Terms, The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company, (b) "land": the land described or referred to In Schedule (A) (C) or In Part 2, and improvements affi)(ed thereto which by law constitute real property, The term "land" does not Include any property beyond the lines of the area described or referred to In Schedule (A) (C) or In Part 2, nor any right, title, Interest, estate or easement in abutting streets, roads, avemJes, alleys, lanes, ways or waterways, (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notlce of matters relating to real property to purchasers for vallie and without knowledge, (e) "date": the effective date, 1, Notice or Claim to be Given bV Assured Claimant. An Assured shall nolify the Company promptly In writing In case knowledge Shall come to an ASSUred hereunder of any claim of title or Interest which Is adverse to the title to tile estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee, If prompt notice shall not be given to the Company, then all liability of the Company shall terminate With regard to the matter or matters for which prompt notlce Is required; provided, however, that fallure to notifY the Company shall In no case prejudice the rlghts of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the preJudice. 3. No DutV to Defend or Prosecute, The Company shall have no duty to defend Or prosecute any action or proceeding to which the AsSured Is a party, notwithstanding the nature of any allegation in such action or proceeding, 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth In Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do any other act which In Its opinion may be necessary or desirable to establish the tltte to the est:ate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured, The Company may take any appropriate ilclion under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee, If the Company shall exercise Its rights under this paragraph, it shall do so diligently, (b) If the Company elects to exercise ~s options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee, (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent Jurisdiction and expressly reserves the right, In Its sole discretion, to appeal from an adverse judgment or omer, (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to usc, at Its option, the name of such Assured for this purpose, Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and StIpulations have been provided to the Company, a proof of loss or damage Signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the ASSured shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the matters covered by thiS Guarantee which constitute the basis of loss or damage and shall stale, to the extent possible, the basis of calculating the amount of the loss or damage, If the Company Is prejUdiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate, In addition, the ASSUred may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at sudl reasonable times and places as may be deSignated by any authorized representative o( the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage, Further, If requested by any authorized representative of the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage, All Information designated as confidential by the Assured prOVided to the Company, pursuant to this Section Shall not be disclosed to otherS unless, In the reasonable judgment of the Company, It IS necessary in the administration of the claim, Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary Information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any lIablUty of the Company under this Guarantee to the Assured for that dalm, FornI No. 12B2 (Rev, 12/15/95) first Amen'can Title .. Form No. 14 Subdivision Guarantee (4·10-75) 6. Options to Pay Dr Otherwise Settio Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness, The Company shall haye the option to payor settle or compromise for or In the name of the Assured any claim which could result In IOS5 to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee Of, If this Guarantee Is Issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage Or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of tha Company hereunder. Tn the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upen the exercise by the Company of the option provided for In paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loSS or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Partles Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or In the name of an ASSlJred claimant any claim Assured against under this Guarantee, together with any costs, attOfneys' fees and expenses incurred by the Assured dalmant which were authorized by the Company up to the time of payment and whiCh the Company Is obligated to pay. Upon the exercise by the Company of the Option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shan tennlnate, InCluding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under paragraph 4. 7. Determination and Extent of Lfablllty. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or inCurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the ektent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or In Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate Or Interest subject to any defect, lien or encumbrance Assured againSt by this Guarantee. 8. Limitation or Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other mr\tter Assured against by this Guarantee In a reasonably diligent manner by any method, Including IItlgation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage untn there has been a final determination by a court of competent juriSdiction, and disposition of all appealS therefrom, adverse to the tille, as stilLed herein. Guarantee No.: 4269-540449 Page No.: 7 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 9. Reduction or Liability or Termination Dr Liability. All payments under this Guarantee, except payments made for costs, attorneyS' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment Dr Loss. (a) No payment shall be made without prodUCing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the elrtent rJ loss Or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured dalmant. The Company shall be subrogated to and be entJtJed to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been Issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property neceSSil/y In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured In any transaction or litigation Involving these rights or remedies. " II payment on account of a claim does not fully cover the loss of the ASSured lhe Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the TItle Insurance Arbitration Rules of the American Arbitration ASSOCiation. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with Its Issuance or the breach of a Guarantee proviSion or other obligation. All arbitrable matters when the Amount of Liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters Vtilen the amount of liability Is In excess of $t,OOO,OOO shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws d the state In which the land Is located permits a court to award attorneys' fees to a prevalUng party. Judgment upon the award rendered by the Arbltrator(s) may be entered In any court having Jurisdiction thereof. The taw of the situs of the land shall apply to an arbitration under the TItle Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guaranteo Entire Contract. (a) This Guarantee together with all endorsements, If any, attached hereto by the COmpany Is the entire Guarantee and contract between the Assured and the Company. In Interpreting any proviSion of this Guarantee, this Guarantee Shall be construed as a whole. (b) Any dalm of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (e) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secreta/y, an Assistant 5ecrcta/y, or validating officer or authorized slgnato/y of the Company. 14. Notlcos, Whero Sent. All notices required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92701. Form No. 1282 (Rev. 12/15/95) First Americon Title .. First American To: Harbour Homes 33400 9th Ave S, Ste 120, Suite 305 Federal Way, WA 98003 Attn: Justin Lagers Re: Property Address: vacant land, Renton, WA First American 71tle Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn • (2S3) 471-l234 (800) 238·8810 fax - File No.: 4269-540449 Your Ref No.: Maureen Highlands Dlv. III Supplemental Report 1 Dated: March 11, 2005 at 8:00 A.M. Commitment/Preliminary Report No. 4269-540449 dated as of March 02, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 9 of our Commitment/Preliminary Report has/have been eliminated. First American Title Insurance Company By: William Tigiao for Colleen Franz, Title Officer Page 1 of 1 LandAmerica Transnation Camwest Development 9720 NE 20th PI., #100 Kirkland, WA 98034 REFERENCE NO: / Order No.: 20032764 Liability: Charge: Tax: Total: FOURTH SUBDIVISION GUARANTEE 14450 N.E. 29'h PI., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-8576 $10,000.00 $ 200.00 $ 17.60 $ 217.60 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnatlon Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: May 13, 2005 Transnatlon Title Insurance Company ~~ Subdivision Guarantee GNT004 Page 1 of 10 • f .. CITAF RENTON PlanningIBuildinglPublicWorks Department Gregg Zimmerman P.E.,Admlnlstrator May 16,2005 Brian Mannelly Harbour I·Jomes, Inc. 33400, 9'" Ave South -Suite 120 Federal Way, WA 98003 SUBJECT: Dear Brian, MAUREEN HIGHLANDS DIVISION m FINAl. PLAT PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENT -LVA 05-049 -19 SINGLE FAMILY LOTS PERMIT U040254 Staff has completed their review of the above subject 19-10t plat and has made the following comments. Although every attempt is made to do a' ihorough review, there made be additional comments as supplemental infomlation becomes available. Once you have compleied the revisions please resubmit three bluelines to my office. Finai'Plat Recording Concerns: I. Note the City of Renton land use action number mid land record number, LUA-05-049-FP and LND-I 0-0431, respectively, on the drawing sheets in the spaces already provided. 2. I f the tracts shown are to remain (Tracts A and B), then note what was, or is to be, set at the corners of said tracts, and at some comers of Lots 7, 8 and 9. 3. Complete City of Renton Mon'ument Cards, with reference points of all new right-of-way monuments set as part of the plat. 4. All fees associated with the East Renton Interceptor (Item No. 1 under the "RESTRICTIONS" block) have been.paid,for all the subject lots. Therefore, Item No.1 does not need to be noted qn the short plat drawing (Sheet 2 of 3). 5. Complete the legal description with the appropriate recording date and recording number (Sheet 1 of 3). 6. An updated Plat Certificate is.required for approval of said plat by City Council. The report needs to be dated wiihin 45 days prior to Council action on approval of the plat. ------------~lO~5~5~S-ou-t~h~G-rn~d-y-W-n-y---R-en-to-n-,~W~a~Sh~in-g-to-n-9-8-0-55-------------~ ® This pDper contllina50% rocycled material, 30% p05lconsumer AHEAD OF TilE CURVg • . 2 7. The City does not allow Tracts (A and B) to be established for ingress and egress. Revise and note that the lot conligurations for some, or all, of Lots 7 through 10, plus said tracts, require adjusting as needed. Said adjustments would also affect some of-the easement notes that currently pertain to Tracts A and/or B (Item No.8, I I and 12 on Sheet 2"of3). If you have any questions regarding specific comments in the above linal plat drawing review please contact Bob Mac Onie at 425-430-7369. Planning Review Final Plat Comments: 8. Have not received any'comments yet. Construction Comments: You will want to continue working with the City inspector, Mark Wetherbee, to insure that the project has a linal walk through and sign-off by the inspector. This includes any punchlist items from the " " inspector und/or the City Maintenance Division. Please contact Mark Wetherbee at 206-999-I 829 if " you have any questions on these construction items. Fire Prevention Comments: Sincerely, cc: Kuyrcn Kittrick LUll 05-1l49 Cltyo.n Department of Planning / Building / PUbt.rks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: PI ell, ~ev'; 'CA.0 COMMENTS DUE: APRIL 28, 2005 APPLICATION NO: LUA05·049, FP DATE CIRCULATED: APRIL 20,2005 APPLICANT: Brian Mannelly, Harbour Homes Inc. PROJECT MANAGER: Juliana Fries PROJECT TITLE: Maureen Highlands Div. 3 Final Plat PLAN REVIEW: Jennifer Henning SITE AREA: BUILDING AREA (oross): LOCATION: E of Rosario Ave NE & N of NE 41h Street I WORK ORDER NO: 77416 SUMMARY OF PROPOSAL: Final ptat of Maureen Highlands Divisions III with 19 slngle·family residential lots. The plat includes instatlation of sanitary sewer main, storm drainage, sidewalks. street lighting and paving. A. ENVIRONMENTAL IMPACT(e.g. Non·Code) COMMENTS Elomont of tho ProbobJo Probablo Moro Element of tho Probablo Probable More Environment Minor Major Information Impacts Impacts NocDssary Envlronmont Minor MoJor Informat/on Impacts Impacts Nocossory Vatar ~ ~ tHe.llh Publie SalViea. ;::,~:~!{, , A:!~gF;;i B. POLICY·RELATED COMMENTS C. We have reviewed thIs application with particulaf attention to those areas in which we have expertise and have Identified areas of probable impact or araas whar additional info tT.~ ne d to proparly assess this proposal. c;-(t &; f ) Dale .. DATE: TO: FROM: SUBJECT: .. .. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM May 13. 2005 Juliana Fries Sonja J. Fesser if Maureen Highlands Div. III Final Review. LUA·05·049·FP Format and Legul 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·05-049-FP and LND-10·043 I. respectively. on the drawing sheets in the spaces already provided. If the tracts shown lire to remain (Tracts A and B). then note what WIIS. or is to be. set at the corners of said tracts. and at some corners of Lots 7. 8 and 9. Complete City of Renton Monument Cards. with reference points of all new right·of-way mqnuments set as part of the plat. All fees associated with the East Renton Interceptor (item No. I under the "RESTRICTIONS" block) have been paid. for all the subject lots. Therefore. item No. I docs not need to be noted on the short plat drawing (Sheet 2 of 3). Complete the legal description with the appropriate recording date and recording number (Sheet I of 3). An updated Plat Certificate is required. if the City Council has not already approved said plat. The report needs to be dated within the 45 day time period prior to Council action on approval of the plat. \H:\File S),s\I .. ND • Lund Subdivision & Surveying Rcconls\I .. ND· 10 -PllIls\043I \RVOSOS09.doc May 13, 2005 Page 2 .. Comments for t he Project Manager: .. Is the City allowing Tracts (A and B) to be established for ingress and egress? If not, then the lot configurations for some, or all, of Lots 7 through 10, plus said tracts, require adjusting as needed. Said adjustments would also affect some of the easement notes that currently penainto Tracts A and/or B (Item No.8, II and 12 on Sheet 2 of 3). Pass these comments on to the applicant. H:\Filc Sys\LND . Lund Suhtlivi.~ion & Surveying Rccords\LND-lO . Plnts\0431\RV050509.dnc\cor '.JFllldIFEA .JUi...IAl...1A. .. PROPERTY SERV,EE REVIEW FOR SUBDIVISIONS ~' __ e5",,-__ APPI.ICANT: _l:}~US_Idc:::>hdES 'n c. ~ RECE[VED FROM ___ --;:;::-:.-_ o (date) J08 ADDRESS:_EA.&"J:.~"E'a.SA1aI~I.JE:k/,Jc:a:p:!-OF--!..IEA~1H • WON_l7A-/6 ~TURE OF WORI(: Jg.::.t.a:r_J..OI.JGi:P..L.AT_(~AllAEEhU"hc:8~ LND CIO -0,4,9,1 :-c--::c:::-=-=-::= 1\ PRELlM[NARY RIWIEW OF SU8D1VISION 8Y LONG PLAT, NEi~i) MORE [N ORMATION: .. LllGAL DESCRIPT[ON SnORT PLAT, 81NDlNG S[TE I'LAN, ETC. .. I'ID U's .. VIC[NITY MAP .. FINAL REVIEW OF SU8D1VISION, TillS REVIEW REPLACES SQUARE FOOTAGE .. OTnER PRELIM[NAIlY FEE REVIEW DATlm FRONT FOOTAGE SU8JECT I'ROI'ERTY PAIlENT PIDN-$2../450 -0600 'X NEW K[NG CO. TAX ACCT.N(s) are required when assigned by King County. II is [he intent of [his development fee analysis 10 put the developer/owner on nOlice, thatlhe fees quoted helow may be applicable 10 the subject site upon development of the properlY. AU quoted fees arc potential charges thnl may be due and payable at the lime the conslnlc[ion permit is issued 10 install (he on-sile and off·sile improvements (i.e. ullderground utilities. Slreet improvements. elc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable I1lility Section. Please note that these fees are subject to change wilhout notice, Final fees will be hased on rales in effect at time of Building Permil/Conslnlclion Permit application. The existing huuse on SI' Lot II , addressed us has not previously paid -:-;-;--:-:--:: SOC re'es, dtle to connection to City utilitics prior to existance or SDC rec Ord. sr Lotll will be subject to future SOC rees if triggering mcchanisms nrc touched within current City Ordinances. We understand that this suhdivision is in Ihe preliminary stage and that we will have the opportunity (0 review it again berore recordalion . TI "" Ie 0 owmg UIIOIcd lees do NOT' Include Inspection f . f ees, Side sewer pernllts. r w_p_enllll ees or the cost at waler meters. SPECIAL ASSF~~SMENT IlISTlHCT I'ARCEL METHOD OF ASSESSMENT ASSESSMENT IlISTIUCTS NO. NO, ASSESSMENT UNITS OR FEE 1...00tecomer Agreemellt (l)Vt) WATER I.ntecolilcr Agreement (Ill't) WASTE\VATER L"lecomer Agreemellt (pvt) OTHER Special Assessment lIiSlricl/W ATER ~~ 'AEJ.J~I-L I~RCS:J\11 OR 0=2 I$p::>.<i ... """ I .c I...." It:! -t' I='\~ Specia Assessment Histrict V ASTE\V ~IER ... " Joint Use Aereement (l\'IETRO) Lucal Imllrovemcnf Uistrict • Trame Benefit Zunes $75.00 I'ER TRU', CALCULATllIl IIY TRANSPORTATION FIJTIJIlE 08L1GATIONS 1 1 SYSTEM DEVELOPMJeNT CHARGE -WATER .. Estimated N OF UNITSI SIlC FEE .. I'd Prev. .. I'arthllly I'd (Ltd Jexemlltion) -Never Pel SQ. ('l·G. Single ramily residential $i,S2S/unit x -" - Mohile home dwelline unit $1220/unit in I)arl< 1 "Po""_ "AV Almrtmcnt, Condo $91S/unit not in CD or COR zoncs x "nlcn=1L'r .cv\ Cnmmcrcialfl ndllst rial. $0.213/sq. ft. ofllroperty (nolless than $1,525.00) x Bneing, hy Special Agreement/Foolprint of Rldg pillS 15 n perimeter Cl.800 GPM threshold) SYSTEM IlEVELOI'MICNT CUARGE • WASTEWATJeR .. Estimntcd .. Pli Prevo .. I'artially I'd (Ltd Exemplion) . . Never Pel Sinele rmnilv residenthll $900/unit x IQ $1·7.100 "'0 Mobile home dwelling unit $720/unit x Auartment, Condo $540/1lnit not in en or COil zones x Commerciulllndnstrial $0.126/,,(. rt, of pronert\' x(not less Jlmn $900.00) SYSTEM IlEVELOI'MENT CHARGE· SIJRFACEWATER .. Estinmted .. I'd Prev. .. Porti"Uy I'd (Lid Exemption) . . Never JIll Single fmnily residellthd ;lI1d mobile hume dwelling unit $715/unit x Iq II; Iq Sso,S.OO All other IlrulH!l'tics $0.249/sq n of new iml)crviulls area uf I)ruperty x (nol less than $715.00) I I'I{)lLlMINARY TOTAL $ _~~~~_0u00.~ '< " :5)ft2AQ 5 • 0 • 0 H SiglliHur (r Rev'· Illig Authority D TE Ln , H ~ .. *If suhject I)ruperl)' is within ~H1 Lin, it is rle\'elupers respollsihility 1o rhed\': with the Finance Dellt. for paid/un-paid status . • < " .. Sqllare rout age figllres :lrc taken frnmlhe King CUlinly Assessur's limp and ~Ire suhject to change . • ( Current City sne fcc ('h:lrgcs a(lply tu " 0 EFFECTIVE .lanu:II'Y I, 2005 .. City ofRcnton InterOffice Mcmo To: From: Datc: Subject: Larry Warren, City Attorney Juliana Fries ext: 7278 May 12,2005 Maureen Highlands Division 3 Final Plat LUA 05-049-FP Declaration of Covenants, Conditions and Restrictions Please review the attached Second Supplemental Declaration of Maureen Highlands as to legal form. I am enclosing, for your reference, a copy of the existing Declaration of Covenants, Conditions, and Restrictions for the Plat of Maureen Highlands (Division I) and the Supplemental Declaration of Maureen Highlands (Division 2). A copy of the Hearing Examiner's Report dated October 3, 2001 is attached for reference and your use. Recommendation 3 states "The applicant shall either draft and record a Homeowner's Association or a maintenance agreement for the maintenance of all common improvements, including private stormwater facilities, utility and other easements, and all common areas, including all tracts. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the plat." The plat has two (2) detention/water quality ponds and three (3) wetlands. 'nle consideration by the Council will be June 2005. If I may be of assistance please call me at 430-7278. cc: Knyren Kittrick LUA 00·049 ,.. ... AFTER RECORDING RETURN TO: City of Renton c/o City Clerk 1055 South Grady Way Renton, WA 98055 .. SECOND SUPPLEMENTAL DECLARATION OF MAUREEN H1GHLANDS THIS SECOND SUPPLEMENTAL DECLARATION is made on the date hereinafter set forth by Harbour Homes, Inc., a Washington corporation, with an address of33400 9th Ave. South, Suite 120, Federal Way, Washington ("Declarant"). RECITALS A. Declarant, as the owner of certain real estate in King County, Washington, executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for the Plat of Maureen Highlands, on November 24, 2003, under recording number 20031124001222 (the "Declaration") <lndthe Supplemental Declaration on Febmary 24, 2005, under recording number 20050224001491 in the records of King County, Washington. B. The Declaration provides for enlargement, expansion and other reserved rights of the Declarant. C. Section 2.2 of the Declaration reserved unto the Declarant the right to submit Additional Property to the Declaration. D. Exhibit B of the Declaration provides the legal description of the Additional Propel1y which Declarant may annex to the Maureen Highlands Community. E. At this time Declarant desires to annex a portion of the Additional Property to the Maureen Highlands Community, pursuant to rights reserved in the Declaration. F. Declarant has complied with all the terms and conditions of the Declaration to enable it to execute this Second Supplemental Declaration. Declarant hereby declares as follows: I. Annexation of Property. Pursuant to this Second Supplemental Declaration, the property described in Exhibit A attached hereto and incorporated herein by this reference, which property is a portion of the Additional Property, is hereby annexed to the Community and the Property, as defined in the Declaration. Declarant hereby establishes and annexes Lots and Common Area to the Community and the Property as defined in the Declaration, which additional Lots and Common Area are identified in Exhibit A attached hereto and incorporated herein by reference. The property described in Exhibit A is subject to all of the terms and provisions of the Declaration. 2. A 1I0cated Interests. The common expense and votes in the Association allocated to each Lot shall be as provided for in the Declaration. 3. Additional Restrictions. The real property described in Exhibit A attached hereto is subject to the following additional restrictions: None. 4. Definitions. Unless otherwise defined herein, initially capitalized terms or terms defined in the Declaration shall have the same meaning herein. Dated this ___ day of ________ -', 2005. DECLARANT: Harbour Homes, Inc., a Washington corporation John Merlino, Vice President/General Manager State of Washington ) ) ss. County of King ) I corti fy that I know or have satisfactory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President/General Manager of Harbour Homes, Inc. to be the fi'ee and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: ________ _ Notary Public in and for the State of Washington Residing at: _______ _ Printed Name: __ --:-____ _ My Appointment Expires, ___ _ 2 • .. 'r , EXHIBIT A DESCRIPTION OF REAL ESTATE .. Lots 1 through 19, and Tracts A and B Maureen Highlands Division No.3, according to the plat thereof recorded in Volume of plats, at Pages __ through __ , records of King County, Washington. Common Area: Tract B Division 3 is a pedestrian access facility tract that is owned and maintained by the Association. Private Tract: Tract A Division 3 is a private access ancl utility tract that is owned ancl maintained by the owners of Lots 8 and 9 pursuant to a sepal'ately recorded instrument. October 3, 200 I OFFICE OF TIm HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPUCANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: J.W. Morrison, Inc. 9951 Lake Washington Blvd NE Bellevue, W A 98004-6065 File No: LUA01-079,ECF,PP 6118 NE 4·b Street in northeast Renton Subdivide a 36.85-acre site into 124 lots suitable for construction of detached, single family houses Development Services Recommendation: Approve with conditions TIle Development Services Report was received by the Examiner on August 21, 2001. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES Tile following minutes are a summary of the August 28, 2001 IIearing. TIle legal record is recorded on tape. The hearing opened on Tuesday, August 28, 2001, at 9:01 n.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. TIle following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary Plat Plan Exhibit No.4: Preliminary Utilities Plan, Water & Sewer Exhibit No.5: Preliminary Utilities Plan, Road & Exhibit No.6: Preliminary Grading Plan, Detailed Storm };xhibit No.7: Preliminary Grading Elevations Exhibit No.8: Developed Conditions, Drainage Control, Basin Plan Maureen Highlands Preliminary; lat File No.: LUAOI-079,ECF,PP October 3,2001 Page 2 Exhibit No.9: Topography and Tree Cuttingllnventory and Land Clearing Plan Exhibit No. 11: Wetland Mitigation Plan, Grading Plan, Detail and Specifications Exhibit No. 13: Wetland Mitigation Plan, Wetland 'D' Planting Plan, Planning Details, and Specifications Exhibit No. 15: Aerial Photograph Exhibit No. 17: Revised Plat Plan New Street Alignment Exhibit No. 19a: Photo of Rosario Entrance Shows Poles Exbibit No. 20: Aerial Map Exhibit No. 22: Citizen Letter Mary Ann Ferrief\l Exhibit No. 24: Don Erickson Letter Exhibit No. 26: Complaints Exhibit No. 28: King County Letter to Bill Shiels Exhibit No. 10: Overview Plan of the Wetlands Exhibit No. 12: Wetland Mitigation Plan, Mitigation Planting Plan and Plant Schedule Exhibit No. 14: Zoning Map Exhibit No. 16: Development Map Exhibit No. 18: Original Entry Plan -Windwood Development Exbibit No. 19b: Photo of Rosario Entrance Exhibit No. 21: Density Calculations Exhibit No. 23: Michael & Kay Simon Letter " Exhibit No. 25: Video & Letter Exhibit No. 27: Grading & Clearing Pennit The hearing opened with a presentation of the staff report by Elizabeth Higgins. Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. Ms. Higgins stated that the proposed project is a preliminary plat for 124 lots, which may include one additional lot. It is proposed for detached single-family homes and would be developed in as many as five phases. The property currently consists of two tax parcels and is going through a simultaneous lot line adjustment to reconfigure the tax parcels. The property is located on NE 4th Street in a newly annexed area to the City of Renton. It is in a R-5 zone. Approximately 7.23 acres of the site will be public right-of-way. In addition, there"are approximately 125,000 square feet of wetlands. After deducting these two areas the net area of the site is 26.75 acres. In the R-5 zone, the preferred density is five units per acre. The density of this site as proposed would be 4.63 dwelling units per acre. Unincorporated King County borders the property to the north and along the east and south property boundaries. The lots would range in size from 7,306 square feet to 11,547 square feet. The primary access would be from an extension ofNE 4th Place from the west. NE 4th Place intersects with Rosario Avenue NE, which intersects with NE 4th Street. NE 4th Street is a primary arterial. There would be an additional access to the north from an extension ofNE 6th Street. The Windwood Development stubbed NE 6tll Street and NE 4th Place to the property line. The main north south running street to the west is Nile Avenue NE. SE I 20th Street intersects with Nile Avenue NE and extends in an unimprOVed manner to the northwest comer of the proposed plat. The proposed plat will be stubbing a street to SE 120'b Street for a future street connection along SE 120th Street to Nile Avenue NE. There will not be a continuation ofSE 120'h Street across the north property boundary. Nile Avenue NE connects with Sunset Boulevard to the north. The next street to the south of SE 120th Street is SE 124th Street Milllreen Highlands Preliminary •. <11 File No.: LUAOl·079,ECF,PP October 3, 200 I Page 3 (King County designation) or NE 6111 Street (City of Renton designation). 11lis is dedicated and anticipated for completion ifit is not currently complete to Nile Avenue NE. S",ffhas requested as an advisory note to the applicant that NE 6111 Street be straightened through the development. NE 6111 Street will continue from where it is stubbed to the property through the develop.ment to the east property boundary where it will stop. 11le primary connection is NE 4111 Place. It is anticipated that this will be the primary access point for the new development. NE 4'h Place coincides with Rosario Avenue NE and it enters at NE 41h Street. There is no signal at that intersection. 11le applicant has requested a modification from street standards, which has been granted administratively to reduce the public right-of-way from 50 feet to 42 feet. This would not narrow the pavement width; it would only put the sidewalks in an easement on the private lots rather than in the public right-of-way. There is one existing stmcture on the site, which would be removed. 11lere are jurisdictional wetlands located on the property. Wetland B is an extensive wetland that has small portions that have been proposed to be filled. Wetland C is sonth of Wetland B. 11le mitigation for these fill actions and one small one on wetland D, would be to enhance existing wetlands and to create a new wetland between B and C. 11le proposed mitigation is above the minimum requirement for filling wetlands. 11lere are two stormwater tracts. Stormwater Pond A, which is located generally south ofthe larger wetland area. Stormwnter pond B is in the lower southwest comer of the property. There are two because the property is at a point where it is divided into two separate basins, one drains to the Cedar River and one to May Creek. The project went before the Environmental Review Committee and the Committee gave it a Determination of Non-Significance with Mitigation (DNS-M). There were no appeals filed. One significant condition is that the project complies with the 1998 King Connty Surface Water Design Manual with Level 2 analysis. The applicant is required to pay transportation impact fees, fire mitigation fees, and parks mitigation fees. 11le applicant has submitted a wetland mitigation plan and although the applicant is proposing to do the mitigation, staff would like the mitigation plan to be made a condition of the plat. 11le Environmental Review Committee has adopted this. Staff has also asked that the geotechnical engineer recommendations be adopted and the Environmental Review Committee has done so. 11m Comprehensive Plan land nse designation for this area is residential mral. The rural residential designation objective and policies are to preserve open space and natural resources and to protect environmentally sensitive areas by limiting residential development in critical areas, areas identified as part of a citywide or regional open space network or agricnlturnllands within the city. There are no designated open space or natural resources areas located on the property. 11lere are sensitive areas that are proposed to be either filled, preserved or enhanced and will result in more extensive wetlands than are presently on the property. The land has been annexed and zoned for residential development. . . 11\C project with a net developable area of28.17 acres would have a density of 4.63 dwelling units per acre. Straightening the street will allow the applicant to add one lot, which will raise the density slightly. 11le transportation element of the Comprehensive Plan anticipates that increased urban densities wonld result in fewer and shorter vehicle trips. 11lere is public transportation available and it is anticipated that it would be used by the developmenl. 11\C proposal would be consistent with the Comprehensive Plan Housing Element in that it would increase the housing inventory within the City of Renton and it would he meeting the infill development desires of the City. Maureen Highlands Preliminary. ,at File No.: LUAOI-079,ECF,PP October 3,2001 Page 4 The proposal would be consistent with the Comprehensive Plan environmental element. It would increase the amount of wetlands on the property to be preserved. It would also create a stormwater control system in an area that has had notorious stormwater flooding in the past. The system would be a private system and would be maintained by the homeowner's association or by agreement with the City of Renton. There has been quite a bit of runoff over the years into the development to the east, White Fence Ranch. The extension of the sanitary sewer system through this area to the White Fence Ranch would allow them sanitary sewer from the City of Renton. The project meets and complies with the underlying zoning designation requirements. Staff asked the applicant to take the jog out ofNE 6th Street because of the proximity of the two intersections of NE 6th Street and the continuation ofNE 6th Street to the east. Staff felt they were too close and because of the location of the wetland, NE 6th could not be made to go any further north. The realignment allowed the applicant to obtain one more lot. The City has received numerous comments from the fublic regarding the street alignment. Basically this development does not have its own entry along NE 4' Street. It was originally proposed to have one and the City of Renton directed them to revise that and connect to the existing stub that was on the west property boundary and likewise to connect to NE 6th Street. The reasoning behind this is that two major entryways to two large subdivisions would be too close together. The reason the situation exists is that when the developer of the Windwood neighborhood submitted a plan to King County, which was the jurisdictional agency at that time, the entrance to the development was located right on the property line. The entryway to the Windwood Development was planned to be a divided entrance with a landscape median in the center which would have been right on the property line. The Windwood developer would have developed their half of the entryway and the two lanes would have been used for in and out traffic until such time that the neighboring development completed the other half of the entryway. The Windwood developer was also allowed to offset Rosario Avenue . NE so that they could have lots on both sides. The internal road should have been located further to the east but it is not. This means that at NE 6th Street the traffic has to go over to· Rosario Avenue NE and then down through the Windwood neighborhood. A future connection to SE I20'h Street at the northwest corner of the property would be made possible by the extension of a street to the property boundary by this development and its dedication as public right-of-way. Staff is anticipating that development will occur. north of the Windwood property and will result in a development to City of Renton street standards of SE I 20th Street. This would allow traffic to exit from the northwest corner of the development over to Nile Avenue for those wishing to go north to Sunset Boulevard. The property is generally level. There are no slopes to be concerned with on the property. The various public agencies have expressed the ability to provide service with provisions of code requirements being met and impact fees being paid. . Sewers will be extended by the City of Renton. The water service will come from King County Water District 90. A will serve letter should be obtained as well as a certification of water pressure. Those two items have been made conditions of approval. There is a separate tract that runs the full north-south length ofthe property to a lot that fronts on NE 4th Street. This is a lot that is being created by a lot line adjustment. The property currently consists of two tax lots. One that is approximately the south half and the other is the north half. The tax parcel line divides the property and a lot line can be moved without creating a new (,1X parcel. This east-west parcel line is being reconfigured to nlD north south. This creates a drainage tract. It is unclear if it will be functioning as part ofthe storm drainage plan. It is a separate tract and is a 25-foot utility easement. There may be some fence encroachment along this " Maureen Highlands Preliminary •• nl File No.: LUAO 1-079,ECF,PP October 3, 200 I Page 5 area due to the long standing White Fence Ranch neighborhood. This would alleviate any dispute over property boundaries. TIle hoineowner's association would maintain it. At the present time an easement cannot be granted across the small portion where NE 6th Street goes up to the property line because the property owner would be granting an easement to himself. Staff has asked that if the ownership ever changes that the City secure an access easement across it to make the street connection sometime in the future. TIle Issaquah School District has stated that the schools in the area are at or over capacity. It is anticipated that the schools will be able to accommodate the students in the future and the District is requesting impact fees. Staff recommends approval of the preliminary plat subject to conditions. The first condition is compliance with the Environmental Review Committee mitigation measures. Secondly, a will serve letter must be obtained from Water District 90 prior to recording the plat and it must be provided to the Development Services Division. A certification of a field test verifying minimum required water pressure must be provided by the applicant to the Development Services Division prior to recording the plat. TIle applicant shall either draft and record a homeowner's association or maintenance agreement for the maintenance of all common improvements and a draft of the document must be submitted to the Development Services Division for review and approval by the City Attorney prior to recording the plat. A payment of impact fees to the Issaquah School District for school use would be required as a condition of the preliminary plat approval. Nancy Bainbridge Rogers, Cairncross & Hempelmann, 524 Second Ave. Suite 500, Seattle, WA 98104-2323, stated that she is representing the applicant, J.W. Morrison; Inc. She introduced members of the consultant team that put together the application. The applicant supports the staff report and the recommendation for approval of the preliminary plat. The applicant is willing to accept access by Rosario Avenue SE as designed. They nre also willing to redesign for an additional direct point of access to NE 4th Street, which was the original proposal for the plat. TIley wOllld like to request clarification to recommended condition #5, the payment of impact fees to the Issaquah School District. TIle condition is drafted as though the fees would be paid prior to obtaining preliminary plat approval. The City's code actually provides that fees are paid at the time building permits are applied for at the rate in effect at the time of preliminary plat approval. In the staff report there is a description of the wetlands square footages and a calculation of the overall density on the site, the actual square footage of the wetlands is currently is 63,537 square feet after the mitigation and enhancement is performed the wetland square footage will be 125,017 square feet. She is uncertain whether or not the property to the north is within the City's Urban Growth Area. The issue of the change of 124 lots to 125 lots as arisen as a response to staff request to straighten NE 6th Street and she does notJeel it should be construed as offending public notice for having the Examiner consider the plat at 125 lots instead of 124. James Goldsmith, Hugh Goldsmith & Associates, PO Box 3565, Bellevue, WA 98009, stated that his firm is the Engineering Consultant for the Morrisons on the project. He has primarily been the lead consultant dealing with the overall issues of the plan and coordinating the consultant tcam as it relates to the various clements of the . project. In regard to the 25-foot strip, which is the subject of a boundary line adjustment, the point was to split the parcels into two and provide a legal lot in the southeast comer. The access for that lot would actually be by a tract within the plat of Maureen Highlands so that there would not be any direct access on NE 4th Street. In addition, there is an existing drainage ditch all along the east boundary and witilin that 25-foot strip that services the proposed plat as well as portions of White Fence Ranch. It will be primarily a utility casement. For the benefit of the White Fence Ranch properties the applicant will be running the plat's storm detention into the pond and discharging out an outfall, which is roughly right at SE 124th Street or NE 6th Street. The ownership remains with the Morrisons and their intent is to provide that for drainage, ingress, and egress up to the northeast at SE 120th street. A pedestrian walkway will be brought down from the north to the tract along the first tier of lots going into road M. The 25-foot strip, to the extent that it is not a part of the plat, will remain in separate ownership so as to not have the adjoining property owners to thc cast have control over the plat recording. The Morrisons arc willing to grant that tract for public use or the homeowners' association. Maureen Highlands Preliminary ,',at File No.: LUAOI-079,ECF,PP October 3, 200 I Page 6 Ms. Higgins, in response to questioning from the Examiner, stated that the lot front NE 4111 Street is buildable. It does not meet the requirements for a pipestem because it is longer then maximum. A condition of the lot line adjustment is that if the ownership of the pr~erty changes, then a dedicated right-of-way would have to be granted for access across the strip to SE 124 Street Mr. J. Goldsmith stated that from the perspective of the Morrisons they would accept a condition that the homeowner's association be responsible. They could provide the easement or indication of the dedication that would be required as part ofthe plat. It is outside ofthe plat so they cannot provide a dedication, but providing an easement is effectively providing the right-of-way. Ms. Rogers stated that they would be willing to commit to adding a condition to the boundary line approval, which is not before the Examiner, to make sure that the long pipestem is transferred as an easement to the homeowners' association. Mr. J. Goldsmith discussed the issue of water availability. They did receive a letter of water availability from Water District 90. They do serve Winwood to the west, which has a lower elevation then thi: proposed Maureen Highland plat. The City of Renton could if the homes were greater than 3,500 square feel, require 1,500 gallons a minute. If the homes are less than 3,500 square feet they would require 1,000 gallons a minute. He believes that Water District 90 can provide 1,000 gallons a minute but they may not be able to meet the 1,500 gallons a minute. At SE 120·b Street at the northeast corner of the project the street right-of-way in the White Fence Ranch is not dedicated from SE 155111 Street west to the boundary of White Fence Ranch that, is why that connection is not there. Responding to a question from the Examiner, Mr. J. Goldsmith stated that Proposed Lot 100 does have usable area dimensions; there is more than adequate space to place a house. Construction access has been requested on NE 4111 Street as a temporary measure to minimize the construction equipment aspect for the development of the property from using the entrance. Keith Goldsmith, Hugh Goldsmith & Associates, PO Box 3565, Bellevue, WA 98009 reviewed his background and experience. The Maureen Highlands site lies within two drainage basins. It is partially within the Cedar River and primarily within the May Creek basin. Observations for the preliminary plat studies included a downstream analysis in accordance with the King County Surface Water Design Manual. Those downstream observations were made in February 2001 and May 200 I. Those results were compiled in a preliminary drainage report that, is part of the record. , Part of the downstream analysis requirements are to identifY any downstream drainage problems. There was one such problem area noted which is immediately downstream of the property's east boundary adjacent to the White Fence Ranch development within the King County owned right-of-way of SE 124111 Street. Most of the site drainage is uniform drainage across the site moving in an easterly direction for that portion lying in the May Creek Basin. It collects at the location of the existing SE 124111 Street right-of-way and drains in an eastward direction to an existing stormwater conveyance system. The problem area is noted within the ditch line of the unimproved SE 124111 Street right-of-way as it enters the ' existing conveyance system. A provision of the King County Surface Water Design Manual is to consider any downstream problems together with the standard requirements for drainage control. This problem area was noted. The 1998 Surface Water Design Manual as well as the existing May Creek Basin Action Plan were consulted to determine the best drainage control requirements for the site. The standard used was the Level 2 drainage standard by the King County Manual. An upstream project is not required to correct or fix the problem but it is required to note it and insure that a development project will not exacerbate that problem or create a " Maureen Highlands Preliminnr} •• at File'No.: LUAO 1-079,ECF,PP October 3, 200 I Page 7 new one. A part of the flooding problem is the conveyance capacity that exists through the White Fence Ranch conveyance system. Since the site will be considered as forested. a target release condition and the Level 2 detention standard being designed creates a significantly sized pond along the east boundary that will actually resnlt in a slightly improved condition in the SE 124'h Street right-of-way and the White Fence Ranch conveyance capacity. It'will not alleviate the flooding that occurs but it will improve the conditions. The detention design is to be in the form of a open water lake in the May Creek Basin area. Following the preliminary pInt approval the project will undergo its final design and all the calculations presented in the preliminary drainage report and Level 3 downstream study will be reiterated in the design report and verified by City staff. Ms. Higgins added that 'regarding whether the plat can be increased by one lot, the Renton Municipal Code states that any amendment that would result in increasing the number of lots would be considered a major amendment; however, the entire section on amendments only applies after the preliminary plat approval. It would be up to the Examiner whether the increase of one lot after the notification. during the hearing and prior to the plot approval would constitute a major change. Issaquah School District impact fee is $2,937 per new single-family lot. It is required to be paid prior to obtaining building permits. Staff requests a modification of that condition. Mr. J. Goldsmith clarified that the first phase ofthe project involves about 17 lots and it is primarily because that is the only portion that is within the Cedar River Drainage Basin. The only access would be NE 4110 Place. 11lere is no second access provided during the first phase. Ms. Higgins stated that the density in the staff report is incorrect. 11le correct density for 124 lots is 4.4 and 125 lots wonld still be 4.4. Vince Geglia. Transportation Planning and Engineering, 2223 112110 Ave NE #101. Bellevue. WA 98004 stated that his firm prepared the traffic impact analysis; The original plan had a direct access to NE 4110 Street. The City has denied that access. NE 4110 Street is a principal arterial. Nile Avenue is a collector arterial. NE 6110 Street is a neighborhood collector. NE 4tb Place is a neighborhood collector. 11ley did turning movement traffic counts during peak hours at the two main study intersections. which were Nile Avenue and NE 4th Street and NE 4th Street and Rosario Avenue. Trip generation for the Maureen Highlands was 1.187 trips on a daily basis. Based on their analysis the NE 4110 Street. Rosario Avenue NE intersection would operate at an acceptable level of service as well as the NE 4th Street and Nile Avenue NE intersection. There is a concern from the adjacent Windwood development regarding vehicle trips from the Maureen Highlands development passing through the Windwood. development out to the arterial street system. His study anticipated that about 35 .percent of the total trips would exit out Nile Avenue NE and about 65 percent would access Rosario Avenue NE. The only concern is the section of Rosario Avenue from NE 61h to NE 4th Place. There nrc 26 lots along this section that.front on Rosario Avenue NE. It is not a major concern because there nre 72 lots in the southern section of the Maureen Highlands that are oriented to Rosario Avenue and NE 4'h Street and would logically flow south to that exit. 11lat leaves about 52 lots in the northern halfofthe development that may use that section of Rosario Avenue NE. 11le streets arc categorized as neighborhood collectors so there is nothing wrong with them carrying trips through to another plat. If in the future it became a problem there are traffic-calming devices that could be installed on Rosario Avenue NE at each end. Responding to questioning from Ms. Rogers, Mr. Geglia stated that 9.57 trips per new home is the number he used in his analysis. Adding one lot would add nn insignificant amount of traffic. The two points of access to the development are designed to King Connty.standards. An additional direct point of access at NE 4'1> Street Maureen Highlands Preliminary. lat File No.: LUAOI-079,ECF,PP October 3,2001 Page 8 could be designed. There is 900 feet distance between Rosario Avenue and the l,Iext major street to the east, SE 155lh Avenue. He believes the City's concern is that there is going to be a left tum pocket installed oil NE 41h Street for left turns into the Amberwood Plat. An access to the Maureen Highland Plat would also have a left tum in the center of the street. When the street is widened to put a left tum in it has to be tapered before the widening is complete. The City was concerned that the tapers for the left tum lanes would overlap." One solution would be to install a two way left tum lane. Responding to a question from Ms. Higgins, Mr. Geglia stated that if the portion directly south of tile Maureen Highlands, were to develop, the access road would have to be located further to the east then the Maureen Highllirids so that they would not be, in conflict. It would all have to be looked at very closely to design it and channel it correctly. Neica Galanti, 602 Quincy Avenue NE, Renton, W A 98059 stated that she and her neighbors are in attendance to voice their concerns regarding safety and proposed traffic routing of the Maureen Highlands. They would like the Maureen Highlands to have direct access to NE 41h Street. The Maureen Highlands is a bigger development then the Windwood development. Currently there are over 30 children under the age of 10 living on Rosario Avenue NE between NE 4th Street and NE 6th Street. The Traffic Impact Analysis that was conducted for this proposed development indicates that by the year 2003 there will be vehicles making 1,187 weekday trips each day in and out of the neighborhood. Add this to the Windwood traffic numbers and it is unimaginable the amount of traffic and the impact it will have on the neighborhood. They are concerned about the children. The City is concerned about excess traffic on NE 41h Street. Diverting the traffic through Rosario Avenue NE will not diminish the number of vehicles on NE 41h Street itwill only jeopardize the safety of the Windwood neighborhood. Statistics from the traffic safety commission in Olympia indicate that most fatal bicycle crashes between 1993 and 2000 have occurred on undivided tWo-way City and County roads. These are straight and level roads with no traffic control devices. 39.9 of all pedestrians killed in Washington State during this same period of time were killed on City streets. 74.5 percent were on two lane roads just like Windwood. The Windwood development has two parks. Since the Maureen Highlands does not have any park areas children living in the Maureen Highlands will use the Windwood parks, therefore more children will be walking and riding bicycles on NE 41h Place and NE 6th Street and crossing Rosario Avenue NE in order to commute between the nei.r!borhoods. They do not oppose the Maureen Highlands development; they oppose NE 41h Place and NE 6 Street via Rosario Avenue being the only access to the new development. When the traffic analysis was done there were not very many homes occupied in Windwood. Currently, all those houses on NE 6th Street are occupied or soon to be and the traffic is going to be incredible. The streets are not very wide. They were not meant for two-way traffic, parking is oniy allowed on one side of the street. NE 6th Street will be a thoroughfare, especially when the street is widened and straightened out through the Maureen Highlands. Ira Liebowitz, 602 Quincy Avenue NE, Renton, W A 98059 read a letter written by a new resident having a house built that was unable to attend the hearing. The letter stated the resident's reasons for choosing the neighborhood and her concerns about access to the proposed Maureen Highlands development. The letter was written by Mary Ann Ferreira. Mary Ann DiPasquale, 620 Quincy Avenue NE, Renton, WA 98059 stated that she believes the zone map is inaccurate. Nile Avenue NE becomes SE 1481h Street, which is in King County, it does not connect with Sunset Boulevard, that intersection to the north is SR900. The intersection is where Renton City limits end and King County begins. She also stated that her water pressure is very low and would hate to see what happens if there is any negative impact to the Windwood water pressure. George Bukota, 577 Rosario Avenue, Renton, WA 98059 stated that he and his wife live in the Windwood development and share the neighbor's concerns regarding traffic. If Maureen Highlands cannot have its own access to NE 4th Street a compromise would be to move Rosario Avenue to the east putting that NE 4th Street .. Maureen Highlands Prelimillal) .a, File'No.: LUAOJ-079,ECF,PP October 3,200 I Page I) ~, . outlet between the plats. By making Rosario a shared access it would give the City the single street entrance it desires while reducing the traffic load through Windwood. They do not oppose the development of Maureen Highlands they only oppose the access. He would also like to see some type of speed control along NE 611> Street to control speeds. Marie Virgilio, 578 Rosario Avenue NE, Renton, WA 98059 stated that her home is on the comer ofNE 611> Street and Rosario Avenue NE. TIle traffic on NE 6'h Street is already far beyond what is being stated. Cars are already cutting through the Windwood development to get to NE 411> Street. Robert Hansen. 526 Rosario Avenue NE, Renton, W A 98059 stated that when they did the traffic stud~ did the consider the additional traffic on NE 61h Street as a result of the connection on NE 61h Street to SE 155 Street. He agrees with previous statements that traffic flow has been underestimated. The other issue is regarding the homeowner's association. The current plan lialls for the Maureen Highlands community to have their own homeowner's association. Windwood has community parks and Maureen Highlands does not. Those parks are currently being used by residents outside the community and the entrance will have to be maintained by the Windwood Community Associations whereas the Maureen Highlands has its own areas to maintain but will be utilizing both the entranco and the community parks. They should combine the homeowner's association from the two developments into one larger community homeowner's association to combine maintenance costs and efforts. In regard to traffic mitigation, he stated that a speed analysis has been done on Rosario Avenue and it has been found that the average speed on Rosario Avenue is J 6 mph. This indicates to him that drivers find this to be a safe speed. Currently the speed limit in this area is 25 mph. As part of the Maureen Highlands Development he would like to sec some traffic mitigation, something that would help direct traffic to the larger arterials, TIle City has stated that they will not be in speed humps on Rosario Avenue. Gated communities, speed humps and other devices have been used in other areas in the City. Pete Koehler. 1216 Market Street, Kirkland, WA 98033, stated that he owns a lot in the White Fence Ranch area on the comer of 1551h SE and SE 124'b. He would like the City to clari(y the intentions ofNE 611> Street to SE I 55'h Street. He is also adjacent to the 25-foot boundary adjustment. TIle proposed solution is a stopgap measure to solve the problem of mislocated fences and would like to know why it cannot be resurveyed. Ms. Higgins stated that the portion ofNE 6'h Street to 15511> SE Street is dedicated public right-of-way but it has not had any construction ofimprovements mode to it. Mr. Koehler stated that his concerns with the 25 foot strip of property is that he is not quite sure who would be maintaining it and is concerned that it would be turned into on unsightly piece of property. Rick Dickson, 15630 SE 124'h Street, Renton, WA 98059, stated that he has lived in this location for 20 years and he owns approximately 30 acres east the Maureen Highlands site. One of the lots he owns is located on 1561h SE Street. TIlis is the piece of property that has the pipe that the surface water runs off from. The water presently flows off the lot he owns in the White Fence Ranch and flows through his acreage. In 1990, when Morrison clear-cut his property, the increase from the surface water was felt by most of the residents of White Fence Ranch with failing septic systems and flooding issues. He takes the bumt of the water as it flows through his property. The water eventually flows into May Creek. Some of the water from the proposed development will flow into the White Fence Ranch, which is King,County. He is opposed to becoming the dumping ground for the surfnce water from nil of the development on the hill. Ginger Dickson, 15630 SE I 24'h Street, Ronton, WA 98059, nsked what infonnation was used to analyze and verify the data and how and when was it collected in regard to surface water runoff. She read a letter that for a neighbor who is out of town. ne lotter was written by Michael and Kay Simons. TIle letter stated their concern Maureen Highlands Preliminary •• at File No.: LUAO 1-079,ECF,PP October 3, 200 I Page 10 about surface water runoff and the damage is may cause to the stream. They an~ also concerned with flooding on their property. Ms. Dickson stated that she is a 20-year resident. For the past 10 years she has been a member of the Citizen's Advisory Committee for surface water management for the May Creek Basin area and haS worked on the basin plan for the past 10 years. She indicated that an area of the proposed site that had been cleared and graded. She has a video and a stack of complaints showing clearly the damage done to the wetland. The stream that existed to the north that exited to the May Creek Basin has been directed to a ditch along the eastside of the property. There is a substantial amount of water in this area, much more then three years ago. In regard to Stormwater Pond C, it is extreinely U11f:iir to place a tremendous burden of all that water coming in through SE 124tb Street into White Fence Ranch. There is no access down SE 124'b Street for the water, there never has been. The drain system is totally inadequate to handle the amount of surface water that will be channeled doWn SE 124tb Street and to her property and May Creek. The flooding and septic failures began in 1990 when the clear-cut of the proposed site occurred. There was grading and filling of wetlands at that time. According to King County regulations it was legal to cut the trees but it was not according to State Forestry Department. The State Forestry Department levied fines and put a moratorium on building for six years because of the damage done. There has been a history of abuse on this land. She introduced a letter from Don Erickson, of the City of Renton, regarding the site and whether King County has taken any enforcement action against the Morrisons. Ms. Dickson read from the letter, which was entered into the record. Wetland B is all that is left of what was a huge wetland area. It is unfair to put this water into White Fence Ranch arid she would like to see the water put where it belongs. Kayren Kittrick, Development Services, City of Renton, 1055 S. Grady Way, Renton, WA 98056, stated that Rosario Avenue is narrower; it is a 40-foot wide right-of-way. It has 28 feet of pavement and there is only parking on one side, which allows only 20 feet of free access. This plat was approved by the King County Hearing Examiner and therefore King County standards applied. NE 6tb Street is a 56-foot right-of-way with 32 feet of pavement, which meets City of Renton standards. Rosario Avenue NE at NE 4tb Street is about 60 feet with 20 feet of pavement on either side. During the course of Wind wood being constructed one of the conditions was that they did have to do the channelization on NE 4tb Street as well as widen Nile Avenue NE. A traffic signal has just been authorized atNile Avenue NE and NE 4111 Street. Part of the reason for the NE 4tb ; Street access being denied is trying to get as much traffic over to Nile Avenue NE as possible, NE 6tb Street is designated as the neighborhood collector over to Nile Avenue NE to use the traffic signal. Nile Avenue NE, as more construction occurs, will be improved as ~evelopment improves throughout the area. Ms. Kittrick stated that she spoke with someone from the Fire Department. 1,000 gpm is the typical water pressure for residential so far the Water District 90 has been meeting that. Ifa home is over 3,600 square feet, 1,500 gpm is required. Responding to questioning from the Examiner, Ms. Kittrick stated that NE 6'" Street has always been designated as a neighborhood collector that is why it is a wider street with a wider pavement width. It was meant to be an access across to Nile Avenue NE. In regard to the access on to NE 4'" Street, there is serious concern Witll the access directly across the street from the proposed site. There is a traffic signal going in on Nile Avenue NE that is supposed to help. Drivers are human, they will take tile route ofleast difficulty. NE 4'" Street is a major arterial, which is why access needs to be limited. Rosario Avenue NE was supposed to be a mutually used access. In regard to the traffic safety issues, the 40 foot right-of-way with only 28 feet of pavement and 20 feet of access is actually wider then what is proposed for the Maureen Highlands because with the 32 foot right-of-way there will be parking on both sides so there is only sixteen feet of movement pattern. .. .. Maureen Highlands Preliminary •. <It File No.: LUAO 1-079,ECF,PP October 3, 200 I Page II Speed bumps and traffic circles are a maintenance nightmare. These are all public right-of-ways and there are no speed humps or traffic circles allowed in public rights-of-way. They have been studied for the downtown area and will not be put in. Water that goes to May Creek or to the Cedar River, by the Environmental Protection Act, has to go to the same drainage that it started out from. If it has been identified to go to May Creek it has to go to May Creek. That is to protect the water levels and the downstream wetlands that already exist. This whole area is at Level 2 in the 1998 King County Surface Water Design Manual. K. Goldsmith staied that the requirements for Level 2 are twofold; they are to meet the requirements of Level 1 criteria. The information used in the collection of data was the 1998 King County Surface Water Design Manual for investigation of requirements, the 1998 May Creek Action Plnn for investigation into drainage control requirements and recommendations of that action plan, and a 1992 Draft Dickson Drainage Investigation performed by R.W. Beck and Associates on behalfofKing County. J. Goldsmith stated that the 1992 Draft Dickson Drainage Investigation was a response to a complaint on the part of the Dickson's. The conclusions were that the downstream systems were inadequate. It indicated that one ofthe solutions would be large detention pond on the Maureen Highlands site. K. Goldsmith added that they also used their own 2001 downstream observations as a requirement of their downstream analysis for the plat. All of the reports all noted the under capacity of the system in NE 124th Street and the flooding that occurs in that right-of-way. The issue was not new in 1999 it was a capacity issue that was noted in the 1992 report as well as the 1998 May Creek Action Plan. In the downstream investigations, there was an additional area that was noted that was experiencing some erosion. Bill Shiels, 15020 Bear Creek Road NE, Woodinville, WA 98072, stated that he is the wetland environmental consultant for the project team. He was involved with King County for enforcement activities on the site. An enforcement order was issued against the property owner. 111e result of the enforcement order was a' requirement of restoration on a portion of wetland B, that was completed and a letter was received from King County indicating that it was completed to their satisfaction. TIley are required to monitor the performance of it for a period oftime. A permit was issued after the enforcement activities had begun. Ms. Higgins stated that staff has had discussions with King County about the enforcement action. King County is satisfied that the restoration has been accomplished and the City of Renton will be assuming the supervision ofthe ongoing monitoring of the wetland area. Ms. Rogers proposed that a condition be placed on the plat that requires the homeowner's association to obtain an easel11c<nt to maintain the 25-foot strip of property area. 111e Examiner called for further testimony regarding this project. TIlere was no one else wishing to speak, and no further comments from staff. TIle hearing closed at 12:51 p.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, J. W. Morrison,lnc., filed a request for approval ofa I 24-lot preliminary plat. . Maureen Highlands Prelimimuf:c';ilt File No.: LUAOI-079,ECF,PP October 3, 2001 Page 12 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # I. 3. The Environmental Review Committee (ERC) issued a Determination of Non-Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 6118 NE 4th Street. The subject site is located on the north side ofNE 4th Street. It is located in the eastern end ofthe City between Rosario Avenue NE on the west and 155th Street SE (King County designation) on the east. SE 120th Street is located at the northern boundary of the subject site. 6. The subject site was annexed to the City in February 2000, with the adoption of Ordinance 4830. 7. The site received its current zoning classification, R-5 (Residential-5 dwelling units per acre), with the adoption ofthe new zoning code in June 1993. The density in the R-5 zone permits no more than five dwelling units per acre. 8. . The map element:ofthe Comprehensive Plan designates the area in which the subject site is located as suitable for the development of rural density, single-family homes, but does not mandate such development without consideration of other policies of the Plan. 9. The subject site is an almost rectangnlar shaped parcel. A small parcel located at its southeast corner is not part of the subject site. 10. The subject site is approximately 1,605,366 square feet or 36.85 acres. The parcel is approximately 2,572 feet long (north to south). The parcel is approximately 628 feet wide. II. The subject site contains an older single family home and outbuildings. These buildings would be removed if the new plat is approved. 12. There are wetland areas on the subject site. The protected areas are south of the northeast corner of the site and along the central area of the western property line. Some smaller wetland areas will be filled and portions of protected wetlands will also be filled in exchange for wetland enhancements. The wetlands to be filled will total approximately 7,391 square feet. 13. The subject site is located adjacent to unincorporated King County. In the county in this area are low- density residential uses to the north and south and the White Fence Ranch to the east. Single-family uses west of the site are located in Renton in the newly annexed area. The zoning in Renton matches the R-5 zoning of the subject site. Windwood, a single-family plat, is located directly to the west. 14. The subject site is generally level with a few low spots where the wetlands are located. 15. The applicant proposes developing 124 lots for detached single-family homes in a phased development There was some discussion of creating 125 lots due to a road realignment. The legal notice should limit the developer to 124 homes. 16. After subtracting areas for roads and sensitive areas (wetland set asides) the density of development would .. .. Maureen Highlands Preliminary; .ilI File No.: LUAOI-079,ECF,PP October 3,2001 Page 13 be approximately 4.4 units per acre. The R-5 zone permits a maximum of five units per acre but does not impose a minimum density standard. 17. TIle main access to the subject site will be from NE 4th Place, which would be continued into the subject site from its current end west of the subject site. NE 4th Place was stubbed with the creation of Wind wood in anticipation of further development on the subject site. 18. TIle remaining streets would run generally north and south through the subject site with east to west connectors. Another access to the west would be the extension ofNE 6th Street, which also runs through the Windwood development west of the subject site. At the northwest comer of the subject site SE 120th Street might be extended to the west but not extended across the subject site to the east. 19. While the subject site has frontage along NE 4th Street, which is a major aJ1eriai, the City has recommended that there be no direct access from the proposed plat to NE 4th Street. The City is attempting to.limit excess street, driveway or other intersections onto NE 4th Street to preserve the arterial flow and reduce turning movement conflicts. The Windwood plat immediately west of the subject site provides an intersection with NE 4th Street via Rosario Avenue NE. Utilizing NE 4th Place future residents of the subject site could access NE 4th Street via Rosario Avenue NE. 20. Residents of Wind wood are concerned that their local neighborhood streets will serve as a major through- route for residents of this new plat. The streets in Wind wood, developed under King County regulations, are narrower than current City standards. 21. TIle proposed plat will generate approximately 1,187 daily vehicle trips (9.57 trips per home). These trips would be distributed throughout the day with approximately 10 percent of the trips occurring during the morning and evening rush hours. 22. TIle R-5 zone requires lots to be at lenst 7,200 square feet. Lot sizes will from approximately 7,306 square feet to 11,547 square feet. TIle R-5 zone requires lots to be 60 feet wide for interior lots and 70 feet wide for comer lots. All lots require a depth of70 feet. Staff reports that the lots meet these requirements. 23. Most of the lots provide property lines that are at right angles to the proposed streets. Where curves or cul- de-sacs are involved the proposed lots provido the proper radials and lot widths. according to staff. Similarly, pipestem lots all appear to have the minimum width of20 feet for the pipestem area. 24. The applicant will be redistributing approximately 65,000 cubic yards of material on site and importing approximately 10,000 cubic yards of clean fill to create road subgrades and suitable building pads for homes. 25. Staff will be reviewing the proposed street alignments Rnd curves to determine safety issues and sight distance issues. 26. TIle subject site will generate approximately 54 students. The students would attend schools in the Issaquah School District. Impact fees for developments within the Issaquah School District will be required under agreements with the City of Renton. 27. The subject site will be served by City sanitary sewer and Water District 90 for domestic drinking water service. 28. TIle subject site would have two storm detention ponds. One would be in the southwest comer of the Maureen Highlands Preliminary. lat File No.: LUAOI-079,ECF,PP October 3,2001 . Page 14 subject site while the larger one would be near the east central area of the site. 29. The boundary between the subject site and the properties to the east in the White Fence Ranch development are unclear in some locations. There appear to be encroachments that might need court action to rectifY. The applicant has proposed creating an approximately 25 foot wide tract that would run along the eastern edge of the subject site. It was pointed out that such a tract could become a nuisance property subject to dumping or unkempt conditions. 30. Staff recommended that the applicant provide certification of appropriate water pressure prior to recording the final plat. CONCLUSIONS: I. The proposed plat appears to satisfY the public use and interest. The subdivision of the subject site in the R-5 Zone will provide for a range of larger lots with more room for yards or larger homes. The lot size provides a reasonable transition from the even more spacious lots in the area to the urban/suburban densities required in this eastern area of the City. 2. The development meets the policies of the Comprehensive Plan by providing more rural densities while '. accommodating urban services including piped sewer and water services. 3. . The plat will definitely change the undeveloped areas of the subject site to more urban uses and will certainly increase traffic in the area. These impacts were anticipated by the City and County's policies for the site and surrounding area. 4. The creation of connected and interconnected neighborhoods and street grid systems will undoubtly create more traffic on adjacent local streets. The new objective of limiting access to arterials such as NE 4th Street will also increase the impacts on the existing residents in the surrounding development where the primary access is directed. This office would have appreciated more information from Transportation Services regarding the impacts on arterial functions in this area but they did not appear at the hearing. Therefore, while opening access to the west from the subject site to the existing plat will help maintain the grid pattern, it seems appropriate given the narrower streets in the existing plat to not funnel all traffic to the west but 'open a direct link to NE 4th Street. It appears that funneling approximately 1,200 vehicles into the grid in the western plat is imippropriate. Given the lack of detailed information from Transportation Services, this office will recommend that NE 4th Street be directly accessible from the subject site. This may result in the loss of a lot or two along the southern boundary of the subject site. 5. There was a .concern about adequate water pressure. Water pressure should be determined adequate prior to going forward with the plat. Ifwater pressure is inadequate fire danger would result. This should be determined prior to moving forward with the plat. 6. The tract proposed along the eastern boundary ofthe subject site where title is not clear should be provided to the homeowner's association and landscape easements should be conveyed to the properties abutting that tract so that homeowners may maintain respective portions if they so chose. TIle best course of action would be to complete a quiet title action and clarify finally the property rights in that tract of land. 7. The development should not tax either the overall road system or the existing utility infrastructure. Development ofthe additional lots will also increase the tax base of the City. 8. In conclusion, the proposed plat appears to provide new single f.1mily housing in an area where urban Maureen Highlands Preliminary •• at File·No.: LUAOI-079,ECF,PP October 3, 2001 Page 15 services exist or can reasonably be provided and it should be approved by the City Council. RECOMMENDATION: TIle City Council should approve the Preliminary Plat subject to the following conditions: I. Compliance with ERC Mitigation Measures: The applicant is required to comply with the Mitigation Measures, which were required by the Environmental Review Committee Threshold Determination. 2. A "will serve" letter must be obtained from Water District 90 prior to obtaining building permits. The will serve letter must. be provided to the Development Services Division prior to recording the plat. 3. The applicant shall either draft and record a Homeowner's Association or a maintenance agreement for the maintenance of all common improvements, including private stormwater facilities, utility and other easements, and other common areas, including all tracts. A draft ofthe document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the final plat. 4. Payment of impact fees to tho Issaquah School District for school uso. 5. The applicant shall provide a public street link to NE 4th Street in the vicinity of Proposed Lots 5, 6 or 7. The location can be determined by Development Services to provide the best separation between existing roads and/or driveways east and west of tile subject site was well as appropriate alignment with any road or driveway coming from the south side ofNE 4th Street. 6. TIle plat shall be reduced by one or two lots if required to provide for the roadway to NE 4th Street. 7. TIle applicant shall provide certification of minimum water pressure within 30 days of this decision. 8. TIle tract proposed along the eastorn boundary of the subject site where title is not clear should be provided to tho homeowner's association and landscape easements should be conveyed to the properties abutting that tract so that homeowners may maintain respective portions if they so chose. ORDERED TIilS 3,d day of October, 2001. TRANSMITrnD nns 3'd day of October, 2001 to tho parties of record: Elizabeth Higgins 1055 S Grady Way Reaton, WA 98055 J.W. Morrison, Inc. 9951 Lake Washington Blvd NE Bellevue, WA 98004-6065 James Goldsmith Hugh Goldsmitll & Associates PO Box 3565 Bellevue, W A 98009 Maureen Highlands Preliminary J .at File No.: LUAOI-079,ECF,PP October 3, 2001 Page 16 Kayren Kittrick 1055 S Grady Way Renion, W A 98055 Keith Goldsmith Hugh Goldsmith & Associates PO Box 3565 Bellevue, W A 98009 Neica Galanti 602 Quincy Ave NE Renton, W A 98059 George Bukota 577 Rosario Avenue Renton, W A 98059 Pete Koehler 1216 Market Street Kirkland, W A 98033 Nancy Bainbridge Rogers Cairncross & Hempelmann 524 Second Ave. Suite 500 Seattle, W A 98104-2323 Vince Geglia Transportation Planning & Engineering 2223 1\ 21h Avenue NE # I 0 I Bellevue, W A 98004 Ira Liebowitz 602 Quincy Avenue NE Renton, W A 98059 Mary Virgilio 578 Rosario Avenue NE Renton, W A 98059 Rick & Ginger Dickson 15630 1241h Street Renton, W A 98059 Suzanne Berger 70 E. Sunset Way #145 Issaquah, WA 98027 Kurt Wilson Harbour Homes 1010 S. 3361h Street, Suite 305 Federal Way, WA 98003 . Mary Ann DiPasquale 620 Quincy Avenue NE Renton, W A 98059 Robert Hansen 526 Rosario Avenue NE Renton, W A 98059 Bill Shiels 15020 Bear Creek Rd. NE Woodinville, WA 98072 TRANSMITTED THIS 3n1 day of October, 2001 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren; City Attorney Transportation Systems Division Utilities System Division South County Journal Gregg Zimmennan, PlanIBldglPW Admin. Neil Watts, Development Services Director Sue Carlson, Beon. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Pursuant to Title IV, Chapter 8, of the City's Code, request for reconsideration must be filed In writing on or before 5:00 p.m., October 17, 2001. Any aggrieved person feeling that the decision of the Examiner is ambiguous or. based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies ofthis ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., October 17,2001. .. .' Maureen Highlands Preliminar} _ .at File'No.: LUAOI-079,ECF,PP October 3, 200 I Page 17 If the Examiner's Recommcndation or Decision contains the requirement for Restrictive Covenants, the executcd Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenAnts. TIle Appeamnce ofFaimess Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both tho Hearing Examiner and members ofthe City Council. All communications concerning the proposal must be made in public. TIlis public communication pennits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. TIle Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. i I t _ .... i i, I , ; R-5-' ~ '1.:1 ~ ~ I " / 117th St. I~P<:I' , , C/): • ! QJ' ..;;: =S o LQ ..... \~tM~ , I (,QVNTY ; : ..... , .... , ; l-~i~rd\l 'R~5 ' ; i -0 cfJ LQ ..... R-8 ZON tr-U (r- 20th Sl. R-5 " ~"N'~ ~O,tJN SE 132nd St , " , ' ~f?IT 11- SE 136th SL QJ :> <I; ..c:: ...., <0 LQ ..... ", '. ; ,- 1------.--- • t.,,;,;: .1 • 0:. I==~ I • • • ~ .... ,;-.. P. • • • • • J TRAcTS OED~ .-. 0-:--.---tI .I, -~ 12 i 1 a s~1o 0 D i ' . I ,!.! .. ~(rO) I I I I I I I I I I '" MAUREEN HIGHLANDS .' r-------..--~ .. • ~(rO) I I I I I I • • • • • ". ./)1 ~?rO" )", lr) ,,, ' ' I I I I I i • • ~W ... ... o~ffl ili ~!!! rl ~~P1 w iI .. t~ .. ",r 0 ~~~ ... ~W'" ,. ~"'-t C 00 n m'" ,~ "'~'~ "'-< w ... " " ri" F at; r ~ -I:l '" 0-0 I::~ I:! 0n 0 iiI;! c " Ii'" x :I;;: '" .. ,. p '-... X '" I 'I' l J' 'I • ...~ ... :::v~ t'I~!!! ,. .... ~ ... '" ,..~II! ~!i:~ ;;!:: "''''0 "'~ ... ~-(F 1£-< :;O~ i! .'11 '-1:110 ~n~ ~s .. ", ... 1i ~g~ ~~i! .. "'~ N0'" ~~~ ~ ... ...... "'" "," I ... ~ "1 ! '7 \ ~, /' /' /1 /" \ { I • -'. 20031124001222.001 Pica. print or type Inromabon WASHINGTON STATE RECORDER'S C Sh over eet (Rew 6S 04) Document TltJe(s) (or transBcllons contamed 1herem) (aU arc .. apphcabl. 10 your document!!!l!!! b. filled m) I (.k "c:'<2Cu,c.. = t2r.:.,,, ""l!l<,r-. 2 3 4 Reference Number(s) of Documents assigned or released: Addillonal reference #'. on page __ of document Grantor(s) (Last name. first name, 101llaiS) I ~c.X a, '" w-:;, """ e ~ z:::;. ~ , 2 , Addillonal names on page __ of document Grantee(s) (Lasl name first, then first name and 1011Ials) 1 C2-f2.d..L:. -, 2 , Additional names on page __ of documenl Legal descr:lptfon (abbrCVIated i c lot, block, plat or section: township, range) ~ "'" ~ e. ,..' WtJcL L' <=:. ~L AddItional legal IS on page __ of document Assessor's Property Tax parceJ/Acc~nt Number ~~:>... ;,D$-aD I 0 o Assessor Tax # not yet assIgned S The AudltorlRecorder Wlll rely 00 the mformatlon prOVIded on the form The slaffwtll not read Ihe document 10 verItY the accuracy or completeness oftlle mdexmg information DroVlded herem I am requestmg an emergency nonstandard recordmg for an addltJonal fee as prOVIded m RCW 36 18 0 I 0 [understand that the recording processing reqUirements may cover up or otherWise obscure some part Dfthe text of the ongmal doclUt1Cnt ______________________ Slgnature of Requesting Party ... .'r, • After Recording Return to Geonerco Management, Inc Attn Jenmfer Valenta 1300 Dexter Avenue North Suite 500 Seattle, W A 98109 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF MAUREEN HIGHI"ANDS -I 20031124001222.002 i ,-20031124001222.003 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF MAUREEN HIGHLANDS TIDS DECLARATION IS made on thIs I Othday of October Homes. Inc a Washmgton corporation ("Declarant") RECITALS • 2003, by Harbour A. Declarant IS the owner oftha! certllin real property located 10 the CIty of Renton, County of King, Waslungton, contained wIthin the boundaries ofthe Property described In the attached ExhIbits A and B and known as the "Plat of Maureen HIghlands". The Plat of Maureen HIghlands has been granted prehminary plat approval by the CIty of Renton File No LUA-Ol-079 The subdIvision IS to be recorded in DIVISIons B. Declarant desires to subject the real property legally described ID Exhibit A hereto to the provIsIons of this DeclaratIOn to create a reSIdential commuruty of Single-family housing (as "smgle family" is defmed below) and related uses as set forth In Section 62 hereof C As heremafter provided In this Declaration, Declarant retarns and reserves the fight, privilege and optton to submit to the provIsions of this Declaration at a latcr time and from time to time as a part of the Maureen lhghlands community, all or any portion of the property legally deSCribed 10 ExhIbit B hereto. NOW, THEREFORE. Declarant hereby declares that all of the property desCribed In ExhibIt A and any AddItional Property deSCribed 10 ExhIbIt B as may by amendment be subjected to thiS Declaration, Includmg the improvements constructed or to be constructed thereon, shall be held, sold, transferred. coaveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restncUons, easements, assessments, and hens, heremafter set forth, which are for the purpose of protecting the value and deSlTability of, and whIch shall run with the title to, the real property hereby or hereafter made subject hereto. and shall be bindmg on all persons having any Tight, btle. or mterest m all or any portion of the real property now or hereafter made subject hereto, their respectIve helrs,legal representatives. successors, successors-m-title, and assigns and shall inure to the benefit of each and every owner of all or any portIOn thereof -2 .. ,., 20031124001222.004 ARTICLE! DEFINITIONS 1.1 Words Defined. The following words, when used 10 this Declaration or In any Supplemental DeclaratIOn (unless the context shall prohibit), shall have the following meanmgs. 1.1. 1 "AddItional Property" shall mean the real property shown on ExhIbIt B whIch may be Included 10 the Maureen HIghlands community, together wah alllmprovement~ thereon 1 1 2 "AssocIatIon" shall mean the Maureen Highlands Homeowners AssocIation, a Washington nonprofit corporation, Its successors and assIgns I 1.3 "Board of Duectors" or "Board" of the ASSOCIatIOn shall be the appointed or elected body, as applicable, havmg Its normal meamng under Washmgton law 1 I 4 "Bylaws" shall refer to the Bylaws of the Maureen HIghlands Homeowners ASSOCIation 1.1.5 "Common Areas" shall mean any and all real and personal property and easements and other mterests therein, together WIth the facliJtJes and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the AssociatIOn for the common use and enjoyment ofthe Owners The Common Areas owned by the Association at the tIme of recording of the plat for DiviSIon I are descnbed in Exlubll A and depIcted on the final recorded plat of the Property. AddItIonal Common Areos deSIgnated os such on later diviSIOns of the Plat of Maureen Highlands may be dedicated at the time Additional Property IS added to the Property by amendment hereto I 1 6 "CommunIty" shall mean and refer to that certain real property and interest therem descnbed in Exhibit A, and such additions thereto as moy be made by Declarant by amendment hereto I I 7 "CommunIty-Wide Standard" shall mean the standard of conduct, mamtenance, or other achvlly generally prevailIng In the Community Such standard may be more specifically determined by the Board ofDtrectors of the ASSOCIatIOn Such determination, however, shall generally be made with reference to the standards oTlginally established by the Declarant 1.1 8 "Declarant" shall mean and refer to Harbour Homes, Inc and Its successors-m-tltle and assIgns, prOVIded any such successor-m-tltle or assign shall acqUIre for the purpose of development or sale all or any portion of the remammg undevelopcd or unsold portIons of the Property, and prOVIded further, In the instrument of conveyance to any such successor-Ill-title or assIgn. such successor-in-title or assign IS designated os the "Declarant" hereunder by the gruntor of such conveyance, which grantor shall be Ihe "Declarant" herelmder at the time of such conveyance; provided, further, upon such deSlgnalion of such -3 ~ ',' I I 20031124001222.005 successor Declarant, all nghts of the former Declarant in and to such status as "Declarant" hereunder shall cease, it bemg understood tliat there shall be only one "Declarant" hereunder at anyone pomt in lime. 1 1 9 "Development Penod" shall mean that period of lIme beginning on the date thiS DeclaratIOn IS recorded In the records of King County and ending on the earliest to occur of (i) ten (10) years from the date ofrecordmg of this Declaration; or (11) the date Declarant holds a speclUl meeting of the AsSOCiatIOn, in accordance WIth the Bylaws, for the purpose oftransltlomng the management of the ASSOCiatIOn from the Declarant to the Owners, or (111) the date 120 days after Declarant has conveyed 75% of the Property 1 1 J 0 "Governing Documents" shall mean and refer to this Declaration, the Arhcles oflncorporation (If any) and Bylaws of the ASSOCiatIOn, and rules and regulalIons (If any) ofthe Community adopted by the Board, as any of the foregoing may be amended from lime to lime 1 J 11 "Lot" shall mean any plot of land wlthm the Commuruty, whether or not Improvements are constructed thereon, which constitutes or will conslltute, after the construction of Improvements, a reSidential dwelhng site a.~ shown on a plat recorded 111 the records of King County I 1 12 "Mortgage" means any mortgage, deed of trust, and any and all other similar mstruments used for the purpose of encumbering real property In the Commuruty as secunty for the payment or satlsfaetlon of an obhgatlon 1 1.13 "Mortgagee" shall mean the holder of a Mortgage 1.1.14 "Occupant" shall mean any Person occupymg all or any portIOn of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. . 1 ) ) 5 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee Simple title to any Lot located Within the Community, excludmg, however, any Person holding slich mterest merely as security for the payment or satisfactIOn of an obligation I 1 16 "Person" means any natural person, as well as a corporatIOn, Joint venture, partnership (general or hmited), aSSOCiation, trust, or other legal enuty I 1.17 "Property" shall mean the land described in Exhibit A, together With all Improvements thereon, and upon submiSSion to the prOVISIOns ofthls DeciaratlOn, the land descnbed in Exhibit B or portion thereof, together with Improvements thereon 1 1 18 "Smgle Family" shall mean a single housekeepmg unit, Without regard to the construction type or ownershIp of such umt, that Includes not more than four (4) adults who are legally unrelated. -4 20031124001222.005 1.1 19 "Supplemental Dec!aratJon" means an amendment or supplement to thIS DeclaratIOn whIch subjects additJonal property to this DeclaratIOn or that Imposes, expressly or by reference, additional or modified restrIctIons and oblIgatlOns on the land deSCrIbed therem 1 1.20 "Total AssociatIon Vote" means all of the votes attrIbutable to members of the AssocIalJon (mcludmg votes of Declarant) ARTICLE 2 PLAN OF DEVELOPMENT 2 I Deyelopment or Properly The Property inItially shall consist of the real property described m ExhIbit A The Property Initially contwns seventy-five (75) Lots and one single-famlly residence may be constructed on each such Lot. The Property also Includes thc Common Areas owned by the AsSOCiation and desIgnated as such on the Plat of DIvision I. All Lots Within the Community shall be and are hereby restrIcted exclUSIvely to a smgle- famIly reSidential use and shall be subject to the standards and restrictions set forth m Article 6 hereof. 2 2 Plan of Development of Additional Propertv. Declarant hereby reserves the opnon to be exercised m ItS sole discretIOn, to submIt from tlmo to time the Additional Property or portion or portions thereof to the proVISIOns of this Declaration and thereby to cause the AdditIonal Property or a portion or portions thereof to become part of the Property At thIS tIme, Declarant mtends that the Commumty shall mclude One (1) addItional single- family resIdentJal division, 10 addition to the Property Declarant mtends that 10 the event the second dIVIsion IS mcluded in the Property there shall be approximately one hundred twenty- five (125) smgle-fwnily reSidences total together with certalO Common Areas devoted to passive and active recreatIOnal use by all Owners on an equal basis However, Declarant is not obligated to Include any Addluonal Property or Improvements to the Property as presently configured and reserves the right to develop more or fewer Lots, nnd more or less recreational Improvements WlthIn the Common Areas, at Declarant's sole option, consistent With the followmg· 2 2 1 The option to add the AdditIOnal Property as descnbed herem may be exercised from tIme to time by Declarant 10 Its sole discretIOn at any time prior to the expIratIon of the ten (10) year perIod commencIng on the recordmg date of thIS DeclaratIOn, 2 2 2 PortIons of the Additional Property may be added to the Property at different times, and there are no limitatIons fixing the bonndaries of those portIOns or regulating the order sequence or location 10 which any of such portions may be added to the Property, 22.3 If the AddlllOna! Property or any portIOn thereof IS added to the development, the layout and design of the Property shall be substantIally in accordance with the Plat of Maureen Highlands previously approved by the City of Renton, -5 ,~1 • , 20031124001222.007 2.2.4 The option re.~erved by Declarant to cause all or any portion of the Addloonal Property to become part of the' development shall tn no way be construed to Impose upon Declarant any obligation to add all or any portIOn of the Additional Property or to construct thereon any improvements of any nature whatsoever. The opoon reserved to Declarant to add the AddItIOnal Property may be exercised by execution of an amendment to tlus DeclaratIOn which shall be filed WIth the Recorder's Office ofKmg County, Washmgton, together WIth the plat of the relevant diVISIon shOWIng the Additional Property or such portIOn or POrtIOns thereof as are bemg added Simultaneously therewith, Declarant shall convey to the Association all Common Areas contained WIthin the Additional Property Any such amendmentshaJl expressly subnut the Additional Property or such pOrllon thereof to all the prOVISions of tins Declaration Ifthe Additional Property or any portIOn thereof IS added to the Property, then the number of votes m the ASSOCiation shall also Increase accordingly by the number of Lots in the Addillonal Property so that there shall continue to be a umform and consistent method ofvOling an assessment Within the Property 2 3 Interest Subject to PIal! of Deyelopment Every purchaser of a Lot WIthin the Property shall purchase such Interest and every Mortgagee WId henholder holding an interest therem shall take title, or hold such security mterest with respect thereto, WIth nollce of Declarant's plan of development as hereIn set forth and Declarant shall have and does hereby specifically reserve the fight to add the AdditIOnal Property or any porllon thereof to the Property as hereinabove prOVIded. Declarant further reserves the nght WIth respect to all Lots WithIn the Additional Property to convey to the purchaser thereofthe title to such interest, together with Its appurtenant membership and vohng rights m the ASSOCiation Any proviSIon of this DeclaratIOn to the contrary notwithstandmg, the prOVISIons of the foregomg plan of development as set forth 10 thIS Article 2 may not be abrogated, modified, rescinded, supplc~ented or amended m whole or In party WIthout the pnor written consent of Declarant. ARTICLE 3 MAUREEN HIGHLANDS HOMEOWNERS ASSOCIATION 3.1 Description of Association. The ASSOCIatIOn may, at the electIOn of the Declarant or the AssocmtlOn, be Incorporated as a non-profit corporation organized and eXIsting under the laws of the State of WashIngton The Association shall be charged WIth the dulles and vested WIth the powers prescribed by law and set forth In the Governmg Documents; provided, however, that no such Governing Documents, other than the DeclarallOn, shall for any reason be amended or otherwIse mterpreted so as to be InconsIstent With this Declaration. 3.2 Board of Directors. Declarant shall have the nght to appoint or remove any member or members of the Board of Directors or any officer or officers of the ASSOCiation until terminallon of the Development Penod. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests In Declarant the authonty to appomt and remove directors and officers of the AssociatIon during the Development Period. The directors selected by the Declarant need not be Owners The number of directors shall be as set forth in the Bylaws -6 it, I , , 20031124001222.008 Following terminalton of the Development Period, thc Board of Directors shall be elected by the Owners m accordan\~e with the Bylaws. 3.3 Membershin. Every Owner ofa fee mterest in any Lot that IS subject to thIs DeclaratIOn shall be deemed to have a membershIp In the AssoclBtion and membershIp In the Association shall conSISt exclUSIvely of such owners The foregomg IS not intended to include Persons who hold an interest merely as secunty for the performance of an obligation, and the glVlng of a secunty interest shall not terminate the OiNner's membershIp No Owner, whether one or more Persons, shall have more than one (1) membership per Lot Membership shall be appurtenant to and may not be separated from ownershIp of any Lot The rights and pnvtleges of membcrshlp, including the ught to vote and to hold office, may be exercIsed by a member or the member's spouse, but in no event shall more than one (I) vote be cast nor office held for each Lot owned 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned When more than one (1) Person holds an ownershIp interest In any Lot, the vote for such Lot shall be exerCIsed as those Owners themselves determme and advise the Secretary prior to any meeting In the absence of such adVIce, the Lot's vote shall be suspended In the event more than one (I) Person seeks to exercIse it 3.5 Architectural Control Committee. .No constructIOn, alteration, addition, refurbIshing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Commumty, except that wluch IS Installed by the Declarant, or IS approved In accordance with thiS Section, or as is otheTWIse expressly permitted herein Any such constructIon, alteratIon. addItion, refurblshmg, or erectIon shall not be made unless and until plans and specificatIons showing the nature, k1Od, shape, Size and height, archItectural design and detaIl, materials, workmanshIp, colors, location on Site, improvement and site grade elevatIOns, and sIte landscapmg shall have been submItted 10 wnhng to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3 5. The Board may employ architects, engmeers, or other Persons as it deems necessary to enable the ACC to perform Its review. Written design gUldehnes and procedures ("DeSIgn Guidehnes") may be estabhshed by the Board for the exercise of thIS reVIew, whIch Design GUIdelines may prOVIde for a revIew fee. Copies of the Design GUldehnes shall be available to all Owners upon request for n reasonable fee 35 I The ACC shall consist of not less than one (I) nor more than three (3) members, who need not be Owners So long as the Declarant owns any property for development andlor sale m the Commumty, the Declarant shall have the nght to appoint or remove any or nil members of the ACC Upon the expiration or earher surrender In writing of such right, the Board shall appoint the members of the ACC The Declarant has named John Merlmo, whose address IS J 010 S 336th Street, SUIte 305, Seattle, Washington 98003 as the sale member of the ACC 352 Members of the ACC shall not be entItled to compensation for servIces performed pursuant to this SecllOn 3.5 The Association shall defend, mdemnlfy, and hold 7 .,., j, 20031124001222.009 each members of the ACC h~'nnless for any hablhty incurred while serving as a member of theACC 3 5 3 The AC C shall be the sole arbiter of plans submitted to It and may withhold approval for any reas'Jn, lOc/udmg aesthetic considerations, and tt shall be enl1tled to stop any construction m Ylollllti.on of approved plans or this Declaration 35.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIF1CA nONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIA nON ASSUMES LIABILITY OR RESPONSIDILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIA nON, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR TN CONNECTION Wmi THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRTNG ANY ACTION OR SUIT AGATNST DECLARANT, THE ASSOCIATION, THE Ace, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY W AlVES TIlE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAlMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Associatton shall have the power to adopt, modify, and amend bylaws, rules and regulattons governmg the Commumty, proVided that such bylaws, rules and regulatIOns shall not be inconsistent with tillS Declaration and shall apply umformly to all Owners, except as speCifically provided herem The Board shall have the power to enforce the rules and regulatIOns on behalf of the Assoclatton and may prescnbe penalties or fines for their violation Any such bylaws, rules and regulations shall become effecllve thirty (30) days after promulgatton and shall be mailed to all Owners pnor to their effec1tve date. A copy of the bylaws, rules and regulallons then In force shall be retamed by the secretary of the Assoclatton The Declarant on behalf oftbe Board may adopt the milial bylaws, mles and regulatlons -8 '-'1 I , ARTICLE 4 ASSESSMENTS 20031124001222.010 4.1 Purpose of AssI:ssment. The assessments provided for herein shall be used for the general purposes ofpromotmg thc recreatIon, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, Including the maIntenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal ObIigation (or Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not It shall be so expressed In such deed, covenants and agrees to pay to the Assocl8uon. (i) annual assessments or charges, (II) special assessments, such assessments to be established and collected as heremafter proVided, and (III) specific assessments estabhshed pursuant to the terms of thIs Declaration, mcluding, but not hmited to, reasonable fines Imposed in accordance with the terms of this Declaration 4 2 I All such assessments, together with (I) laIc charges, (ii) mterest set by the Board, not to exceed the maxImum rale permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) cos Is, mcluding. wilhout hmltarion, reasonable attorneys' fees actually incurred. shall be a charge on the land and shall he a contmumg lien upon the Lot against whIch each assessment IS made 4 2 2 Each such assessment, together WIth late charges. interest, costs, Including, WIthout limitation, reasonable attorneys' fees actually mcurred, shall also be the personal obhgation of the person who was the Owner of such Lot at the tune the assessment fell due Each Owner shall be personally hable for the portIOn of each assessment commg due whIle the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the ttme of conveyance. proVided, however, the liablhty of a grantee for the unpaId assessments of Its grantor shall not apply to any first Mortgagee laking tttle tllfough foreclosure proceedmgs or deed in lieu of foreclosure 423 The Associatton shall. wlthm five (5) days after receIving a written request therefor and for a reasonable charge. furnish a certIficate signed by an officer of the Association setttng forth whether the assessments on a speCIfied Lot have been paId Such certIficate shall be binding upon the Association as of the date of issuance 4 2 4 Annual assessments shall be leVIed equally on all Lots Assessments shall be paId in such manner and on such dales as may be fixed by the Board Unless otherWIse provided by the Board, the assessment shall be paId In annual installments 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the ASsoclfllton during the commg year and the assessments to be leVIed against each Lot. whIch may Include an amount for capItal reserves In accordance WIth a capital budget separately prepared The Board shall cause a summary of the proposed operattog and capital budgets and the proposed assessments against -9 '''' I. 20031124001222.011 each Lot for the following year to be mailed to each Owner. TIle Board shall set a date for a special meetmg of the Owners to consider ratification of the budget within thirty (30) days after adoplton by the Board and not less that fourteen (14) nor more than SIXty (60) days after the m81ling of the proposed budgets and assessments. Unless at such meettng the budget IS rejected by at least seventy-fiv.e percent (75%) of the Total Association Vote, In person or by proxy, the budget shall be ratified, whether or not 8 quorum IS present In the event the proposed budget IS rejected or the required J10Uce IS not given, the budget m effect for the then current year shall continue in effect until the Owners raUfy a subsequent budget 4.4 Revised Bndget. If the financial circumstances or needs of the ASSOCIation materially change dunng any year, the Board may prepare and adopt a reVIsed budget and assessments for the balance of the year The Board shall cause a summary of the proposed reVised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to conSider ralIficatIon of the revised budget and assessments In the same mrumer as the regular annual budget as set forth in Secbon 4 3 above. 4.5 Special Assessments. In addition to the other assessments authOrized herem, the Association may levy special assessments for expenses such as, but not limited 10, capital improvements from time to tIme If approved at a meeting by two-thirds (2/3) ofthe Total ASSOCIation Vote. Special assessments shall be paid as deterrmned by the Board, and the Board may permit special assessments to be paId ID Installments exlending beyond the fiscal year in whICh the special assessment IS imposed 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to thiS Declaratton, together With late charges, interest, costs, includmg, without limitatIon, reasonable attorneys' fees actually Incurred, as proVided herem, shall be secured by a hen on such Lot in favor of the Association Such hen shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes, or (b) hens for all sums unpaid on a first Mortgagc or on any Mortgage to Declarant duly recorded In the records of KIDg County and all amolmts advanced pursuant to such Mortgage and secured thereby in accordance With the terms of such instrument. All other Persons acquiring hens or encumbrances on any Lot after the recordmg ofthis DeclaratIOn shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prIOr consent is speCifically set forth in the mslnunents creatmg such hens or encumbrances 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or Installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time dctermine The AssocialJon shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date If the assessment IS not paid within thIrty (30) days, a hen, as herein proVided, shall attach and, In addition, the hen shalllllclude mterest set by the Board from time to lIme, on the prmclpal amount due,late charges, costs of collection, Including, without limitation, reasonable attorneys' fees actually Incurred, and any other amounts prOVided or permitted by law 10 'I " 20031124001222.012 47 1 In the event that the assessment remmns unpaid after s'.xty (60) days, the Assocmtion may, as the Board shall determIne, inslltute SUit to collectsucb amounts and/or to foreclose Its lien Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or Its agents the nght and power to bring all actions against such Owner personally, for the collection of such charges PiS a debt or to foreclose the aforesaid hen in the same manner as other hens for the Improvement of real property 4.72 The lien provided for in this Article shall be In favor of the AssoclaUon and shall be for the benefit of all other Owners. The AssocialJon, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same 4.7,3 No Owner may wmve or otherwise exempt hlmselffrom liability for the assessments provided for herem, including, by way of illustrahon, but not limitatIOn, abandonment of the Lot 4.7.4 All payments shall be applied first to costs, then to late charges, then to Interest and then to delinquent assessments 4.8 Suapension for Nonpayment of AIlsesament. If an Owner shall be m arrears In the payment of any assessment due, or shall othefWIse be m default of the performance of any terms of the Governing Documents of the Association for a penod of thl!1y (30) days, said Owner's voting nghts shall, Without the necessity ofany further acllon by the ASSOClIltlon, be suspended (except as agamst foreclosmg secured parIIes) and shall remam suspended unul all payments, includmg interest thereon, are brought current and any other default IS remedied No Owner is relIeved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot 4.9 Date of Commegcement of Asscssmegts. The assessments provided for herein shall commence as to a Lot subject to this DeclaratIon on the first day of the month follOWing conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then rem811llng in that fiscal year 4.10 Specific Assessments. In addition to the general and speCial assessments outlined above, the Board shall have the power to levy such speCific assessments pursuant to this Section 4.10 as, in its discretion, It shall deem appropnate All other tenns and conditions of this Article 4 relatmg to general and speCial assessments shall apply to the levy and collecllon of the speCIfic assessments covered hereby and the Assoclallon shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above FlIles leVied pursuant to Section 11 I of this Declaration and the coSIS of maintenance performed by the ASSOCiation for which the Owner IS responsible under Sections 5 3 and 5 4 of this Declaration shall be speCific assessments II 1'" I, ~. 20031124001222.013 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association ARTICLES COMMON AREAS; MAINTENANCE 5.1 Association's Responsibility. The Association shall mamtain and keep in good repair the Common Areas described above and any Common Areas acquired by the ASSOCiation m the future The Association shall maintam all stormwater drainage and detention faCIlities as shown on the recorded plat. If the streethghts are installed and there is no procedure for bllhng indlVlduallot owners then the ASSOCiation shall pay the bills for the streetlights The AsSOCiation shall also maintain all other facilities servmg the Community not dedicated to or mamtamed by a pubhc entity The foregomg maintenance shall be performed consistent With the Commumty-Wide Standard 5.2 Property Not Owned by Association. The AssociatIOn shalllJave the nght, hut not the obhgallon, to maintam other property, whether or not oWned by the Associatton and whether withm or without the Commuruty, where the Board has detennined that such maintenance would benefit all Owners In the event any Private Tract is not mamtained by the Owners of such tracts, the Assoclatton shall have the nght, but not the obhgabon, to m8lntain the pnvate tract at such Lot Owner's expense pursuant to the procedure 10 Section 5 4 below Without IImitallon of the foregomg, the Association may enter mto a joint mamtenance agreement with adjOining property owners or aSSOCIatIOns for the repair, m8lntenance and replacement of any shared faclhttes or other property 5.3 Damage Caused by Owner. In the event that the ASSOCiation detennines that the need for mamtenance, repnJr, or replacement, whIch IS the responSibIlIty of the Association hereunder, is caused through the willful or negligent act of an Ownt:;!', or the family, guests, lessees, or Invitees of any Owner, the ASSOCIatIon may perform such mamtenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part ofthe assessment to which such Owner is subject and shall become a hen agamst the Lot of such Owner. 5.4 Owner's Responsibility. 541 Except as prOVIded in Sections 5.1, 5 2 and 5.3 above, all maIntenance of any Lot and all structures, parkmg areas. landscaping, and other improvements thereon together With the landscapmg and trees on any parking stnp fronting any such Lot, shall be the sole responsibihty of the Owner thereof, who shall prOVide mamtenance conSIstent With the Community-Wide Standard and thIS DeclaralIon The perimeter fencing, l£any, shall be mamtamcd and rep8!red, In UnIform appearance, by the abuttmg lot owners. In the event that the Board of Directors of the Association detenmnes that any Owner has faIled or refused to discharge properly any of such Owner's obhgatlOns with regard to the mamtenance, repair, or replacement of Items for which such Owner IS responsible hereunder, the Assoclallon shall, except In an emergency SItuation, give the Owner WrItten nollce of the ASSOCiation's mtent to 12 I' '. 20031124001222.014 provIde such necessary mamtenance, reparr, or replacement at the Owner's sole cost and expense. The notIce shall set forth wIth reasonable partIcularity the mamtenance, repairs, or replacement deemed necessary The Owner shall have ten (I 0) days after receipt of such notice within whIch to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repaIr, or replacement is not capable of completIOn within a ten (10) day penod, to commence such work whIch shall be completed WIthin a reasonable tIme If any Owner does not comply WIth the provisions hereof, the Association may prOVIde any snch mamtenance, reparr, or replacement at snch Owner's sale cost and expense, and all costs shall be added to and become a pnrt of the assessment to whIch such Owner is subject and shall become a hen agamst the Lot. 5 4 2 Upon the recordmg ofthe plat(s) the Common Area Tracts WIll be granted and conveyed to the Association OwnershIp and Marntenance of the Common Area shall be the responsIbility of the ASSOCIation. In the event the Association IS dIssolved or otherwIse falls to meet Its property tax obhgations 8S evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in thIS CommunIty shall assume and have an equal and undlVJded ownership mterest in the Common Areas previously owned by the ASSOCiation and shall have the attendant finanCIal and mamtenance responslbihtles 5.S Conveyance of Common Areas by Declarant to Assoclotion. DUrIng the Development Period, the Declarant may transfer or convey the Common Areas to the AssociatIOn, mcludmg any personal property and any Improved or unimproved real property, leasehold, easement, or other property mterest Such conveyance shall be accepted by the ASSOCIatIon, and the property shall thereafter be Common Areas to be mamtained by the AssoclIltJon The Common Areas shall be subject to an easement of common nse and enjoyment in favor of the Assoclabon and every Owner, therr heIrS, successors and assigns m accordance WIth the terms and condItions of the Govemmg Documents. Such nghts to use the Common Areas shall be appurtenant to and shall not be separated from ownership of any Lot and shall not be aSSIgned or conveyed by any Lot Owner In any way except upon the transfer of title to such Lot, and then only to the transferee of such btle and shall be deemed so conveyed whether or not it shall be so expressed m the deed or other Instrument conveying title. Certam nghts of use, mgress, egress, occupahon, and management authonty In the Common Areas set forth elsewhere 10 thIS Declaration shall be reserved to Declarant for the duration of the Development Perrod Declnrant shall not be reqUIred to make nny improvements whatsoever to property to be conveyed and accepted pursuant to this Section 5.6 If any Common Area IS currently owned or IS acqUIred In the future whIch is deSIgnated as a steep slope, as a wetland, as a buffer, as a native growth proteClJOn area or as any other type of sensitIve area, then use of such Common Area shall be limIted to activities approved by the mUniCIpality whIch deSIgnated such Common Area as sensItive. Notwithstandmg the prOVISIons 10 thIS ArtIcle 5, or m Section 10 I below, or m any other prOVIsion of thIS Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area Access shall be lmuted to mamtenance actIvItIes approved by the muniCIpality 13 I' I. 20031124001222.01 5 ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 Gcnernllnules and Regulations. This Article, bCglnning at SectIOn 6 2, sets out certain use restricttons whIch must be comphed WIth by all Owners and Occupants These use restrictions may only be amended m the manner provided In SectIOn 11.3 hereof regardmg amendment of thIS DeclaratIOn In addition, the Board may, from time to time, WIthOut consent of the Owners, promulgate, modify, or delete other use restnctlOns and rules and regulations applicable to the CommunIty Such use restrictions and rules shall be distributed to all Ov.ners and Occupants prior to the date that they are to become effective and shall thereafter be bmdmg upon all Owners and Occupants unhl and unless overruled, canceled, or mr)(hfied m a regular or speCIal meeting by a majonty of the Total ASSOCIation Vote and the consent of Declarant during the Dcvelopment Penod 6.2 Residential Use. Except as provided m this SecMn, all Lots shall be used for smgle-famlly reSIdential purposes exclUSIVely WIth the exception that certain home occupatIOns may be permitted, sU~Ject to the gtudehnes and rules estabhshed by the Board, If any, and subject to approval by the Board Such home occupations may be limited to certain busmess uses, shall not crcate any dISturbance, nOise, or unSightliness, shall not unduly mcrease traffic flow or parking congestton, and shall not be in Violation of any of the provisions of the Governing Documents Use of the Lots shall in ail cases be m comphance With all applicable laws. ordmances, rules and regulallons. 6.3 Building pnd Landscaping Requirements and RestricdoDB. Except as prOVIded In Section 6 4 below, all reSidences constructed withm the Commumty by any Person shall be subJeyt to deSIgn reVIew and approval by the ACC which may cover the mInimum Size, architectural style, height, scope of Improvements, quabty of design, materials, workmanship, and sltmg standards Without restrictmg or bmltmg the authority of the Ace pursuant to Section 3.510 approving or dISapproving of any specific proposal, the followmg restriCtions shall apply to the Community In geneml () 3.1 Only one Smgle Family home shall be pernutted on each Lot. Two story or spltt level homes shall include no less than 1,300 gross square feet ofhVlng space, exclUSive of one-story open porches and garages One story homes shall include no less than 1,000 gross square feet of hVlng space, exclUSIve of one-story open porches and garages 6 3 2 After Declarant has completed construction of all houses In the Community, any remodeling or exterior addition to any reSIdence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished pamting, wlthm SIX (6) months after the date of commencement of constructIOn All front, side and rear yard landscapmg must be completed WIthin SIX (6) months from the date ofclosmg of the purchase of the reSidence by the Owner from the Declarant In the event that stnct enforcement of this provIsIon would cnllse undue hardship due to weather conditIOns, this proviSIon may be extended for n reasonable length of time when approved by the ACe 14 I' I, 20031124001222.016 6 3 3 All homt·s within the Community shall contrun a garage, carports shall not be penmtted. Unless othel'\l1se approved by the ACC, all garages must be attached to, or Incorporated In and made a part of, the reSidence constructed upon a Lot In granting wBlvers to this reqUirement, the ACC will consider functional necessity and architectural deSirability 6 3 4 All dnveways and parking areas shall be paved With material approved by the ACC 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extendmg into the front yard of any reSidence shall be erected, allowed or mruntained upon any Lot, Without the prior wntten consent of the ACC. All fences shall be constructed of wood matenal unless approved by the ACC. Any such fence, bamer, row of trees, or hedge shall be strictly In comphance WIth DeSign Guldehnes, if any, estabhshed by the ACC, which standards may provide for lImited acceptable styles andlor specifications 6.3 6 Each home constructed on a Lot shall be built ofnew materIals except, With approval of the ACC, decorallve items such as used bnck, weathered planlang, and Similar Items All Visible masonry shall be native stone, brick or stucco Types and colors of exterior pamt and stam must be submitted to the committee for approval. Any change to the exterior color of any Improvement located on n Lot, Including, Without hmitatlon, the' dwelhng, must be approved by the ACC 6 3 7 All roofs on dwellings and garages shall be of composJle, tile or cedar shake and shall have a mimmum pitch of four/twelve 6.4 Existing Residence. IntentIOnally omitted. 6.5 ~. No Sign of any kmd shall be erected by an Owner or Occupant Within the CommuDlty Without the prior wntten consent of the Ace Notwithstandmg the foregOing, the Board and the Declarant shall have the right to erect reasonable and appropnate signs includIng, Without limitatIOn, signs related to Declarant's development and marketing of reSidences WithIn the CommunIty In addltJon, "For Sale" signs and security signs consistent With the Commumty-Wide Standard and any signs reqUIred by legal proceedmgs may be erected upon any Lot. 6.6 Vehicles. The tern ''vehicles'' as used herem shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats,jet skis, trailers, portable aircraft, motorcycles, snowmobiles, miDI-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportahOn type vehicle The tenn "passenger vehicles" as used herein shalllOclude passenger automobIles, vans, small trucks, motorcycles, and Similar type vehicles used regularly and primanly as transportation for the Occupants oflhe Lot Vehicles used for commerCial and recreational purposes are not conSidered passenger vehicles. "ParkIng areas" shall refer to the number of garage parkmg spaces llnd driveway areas m front of garages However, driveway areas shall be conSidered "parklllg meils" for passenger vehICles only. 15 " '. 20031124001222.017 6.6.1 No vehicles other thar. passenger vehIcles in regular use may be parked on any Lot or portion of the Community, e).cept In parking areas on Lots, or in a screened area on a Lot, If such screened area is approvetl. by the ACC. Any vehicle regularly parked In an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nUIsance and may be removed from the Community 6.6.2 No passenger vehlC:lcs may be parked on any Lot or portion of the Commumty except m "parking areas" as defined m this SectIOn. 6 6 3 Any passenger vehicle whIch is moperable or unlicensed and not capable oruse on the pubhc highways and whIch IS parked on any parking area for a penod of more than forty-eight (48) hours shall be treated the same as a non-passenger vehIcle and shall be consldcred a nlllsance and may be removed from the Community 6 6 4 TIle Board may adopt and mamtam current rules and regulatIOns concemmg the parkmg and storage ofvelucles on any Lot or any portion of the Community Said rules are to protect the Community from the potenlJally adverse impacts of vehicles on the Commumty envIronment and to accommodate the evolvmg nature and use of such velucles. Such rules and regulalJons may provIde for exceptions and/or modifications to the condiUons ofthis Seetlon as determmed in the sale discretion of the Board The Board shall rule on any dIspute as to the mterpretatlOn or application of this Section and all rules and regulalJOns established by the Board WIth respect to vehIcles 6.6.5 Off-street parkmg for at least three (3) passenger vehIcles shall be provided on each Lot. Covered enclosed parklOg shall be provided for one (\) or marc passenger vehicles, plus a dflveway for at least two (2) additional passenger vehIcles, unless approved by the ACC. 6.7 Vehicle., on Common Areas. No motorIzed vehIcles shall be permItted on pathways or unpaved Common Areas except velllcles bemg used for the lunited purpose of opemttng and maintammg utililJes. 6.8 Leasing. Lots may be leased for resldenhal purposes. All leases shall have a mimmum tenn of at least three (3) months All leases shall reqUIre, WIthout limitation, that the tenant acknowledge receIpt ofa copy of the DeclaratIon, Bylaws, and rules and regulatIOns of the Association. 6.9 Occupants Bound. All prOVISIOns of the Declaration, Bylaws, and of any rules and regulations, whIch govern the conduct of Owners and whIch provide for sanctions agamst Owners shall also apply to all Occupants Fmes may be leVIed against Owners or Occupants If a fine IS first leVIed agmnst an Occupant and IS not paid timely, the fine may then be leVIed agmnst the Owner 6.10 Animals. No animals, hvestock or poultry of any kmd shall be raIsed, bred or kept In the Commumty, rrovlded, however, that conventional household pets may be kept on a Lot subject to the followlIlg restnctions' Pets shall not be kept, bred or mmntained for any 16 '. 20031124001222.018 commerCial purposes Owners shall be responsIble for the immediate clean up and removal of all fecal matter depOSIted by pets on any property other than the Lot of the Owner of the pet Pets shall be confined In the Owner's Lot unless on a leash and accompanied by a responsIble person No domestic pct may be kept if It IS a source of annoyance or a nUisance The Board shall have the authori ty to determine whether a particular pet IS a nUisance or a source of annoyance, and such determmatlOn shall be final and conclusive Pets shall be attended at all times and shall be registered, licensed and moculated from time to time as reqUired by law 6.11 Mining Prohibited. No portIon of the Community shall be used for the purpose of bonng, mining, quarrying, or explonng for or removmg OIl or other hydrocarbons, minerals, gravel, or earth 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean. unhealthy, unsIghtly, or unkempt condition on hIS or her Lot No Lot shall be used, In whole or In part, for the storage of any property or thing that WIll cause such Lot to appear to he In an unclean or untidy condItion; nor shall any substance, thing, or malenal be kept that WIll emit foul or obnoxious odors or that WIll cause any nOISe or other conditIOn that wIll or mIght dIsturb the peace, quiet, safety, comfort, or serenity of the occupants of surroundmg property. No Illegal, IlliCit, noxIOus or offenSIve activity shall be carned on Wlthm the Community, nor shall anythmg be done tending to cause embarrassment, discomfort, annoyance. or nUIsance to any Person usmg any property within the Community WIthout· limIting the generality of the foregoing, no speaker, hom, whistle, SIren, bell, amplifier or other sound deVIce, except such deVIces as may be used exclUSIvely for secUrity purposes, shall he located, mstalled or maintamed upon the exterior of any Lot unless reqUIred by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other actIVIties, mcluding speCifically, without limIting the genemhty of the foregOing, the assembly of and disassembly of motor vehIcles and other mechamcal devices, which mIght tend to cause dIsorderly, UnsIghtly, or unkempt condItions, shall not be undertaken outside of homes or garages Garage doors shall be kept closed at all tImes unless they are In use In addlnon, the storage of equIpment, machmery, constructIOn supplies or any similar matenal on a Lot outside of the home and garage constructed thereon IS strictly prohibited except as reqUIred durmg the remodehng or refurbishing of Improvements on such Lot and then for not more than sixty (60) days 6.14 Antennas. No teleVISIon or radio antenna, tower, satelhte dIsh, or exterior antenna of any kmd shall be placed, allowed, or mallltamed upon any Lot or any portion of the Commulllty unless screened from vIew from the street WIthout the pnor wntten consent ofthe ACC Each Owner and Occupant acknowledges that tillS proVISIOn benefits all Owners and Occupants and each Owner and Occupant agrees to comply WIth tillS provIsIon despIte the fact that the erectIon of an outdoor antenna or SimIlar device would be the most cost-effectIve way to transmIt or receIve the signals sought to be transmitted or receIved 6.15 No Obstruction of Easements. Catch baSinS and drainage areas are for the purpose of natural flow of water only. No obstructIOns or debris shall be placed in these 17 , , " --, 20031124001222.019 areas No Owner or OCL'upant may obstruct or re-chalU1el the drainage flows after location and installation of drainsl;"e swales, stonn sewers or storm drains Declarant hereby reserves for the benefit of Declaran.". and the ASSOCIatIOn and their respective successors and assigns a perpetual easement across 8,11 Common Areas and Lots for the purpose of maintaining or altenng drainage and wllter ilow No structure, planting, or other material shall be placed or penmtted to remain upon an)' easement which may damage or Interfere With the installatIOn and maintenance of any utlhtles, unless approved by the Board prior to InstallahOn. At no time shall any access easements be blocked 6.16 Sight Distance at Intersections. All property located at street intersectIOns shall be landscaped so as to permit safe SIght across the street comers No fence. wall, hedge or shrub planting shall be placed or pennitted to remain where It would create a traffic or sight problem as detennined by the ACC In Its sole discrellon 6.17 Garbage Cans. Woodpiles. Etc. All garbage cans, woodpiles, air- condltlomng compressors, machmery, eqwpment and other Similar items related to the operallon of the residence shall be located or screened so as to be concealed from view from the street abutt11lg the Lot on which such Items are located All rubbiSh, trash, and garbage shall be regularly removed and shall not be allowed to accumulate Trash, garbage, debns, or other waste matter of any kind may not be burned WIthin the Community 6.18 Subdivision of Lot. No Lot sholl be subdiVIded, combmed or Its boundary lines changed except WIth the prior written approval of the ArchItectural ReVIew Committee Declarant, however, hereby expressly reserves the right to re-plat or amend the boundary lines of any Lot or Lots owned by Declarant Any such dIVISion, boundary line change, or re- plattmg shall not be In violation of the apphcable subdlVlslOn and zoning regulabons 6.19 Guns. The use of firearms in the Commumty IS prohibited. The tenn "fireanns" lIlcludes without hmitation fiB guns, pellet guns, and firearms of all types 6.20 Utilities. Except as may be penmtted by the ACC, no overhead utlhty lines, mcludmg lines for cable teleVISion, shall be permitted within the Commuruty, except for temporary hnes as required dunng constructIOn Ilnd except as such lines eXist upon recording of the plat or the Community or as reqwred by utilitIes serving the Community. 6.21 Lighting. No colored hghts (except holiday displays and yellow insect type hghts) shall be permitted at any location wlthm the Commumty All exterior fixtures that are attached to the home sholl be of compatible design and materials of the home. Any post mounted extenor fixtures shall be of compatible design and matenals as the fixtures attached to the home No fixtures whIch Illuminate and excessively glare onto any other Lot shall be permitted, and nil extenor hghts shall be screened to minimize impacts of light and glare No unshielded spotlfloodhght fixtures are penmtted. 18 20031124001222.020 6.22 Artificial Vcr-elation, Exterior Sculpture. and Similar Items. No artificIal vegetation, exterior sculpture,. fountaIns, and sImIlar Items shall be penmtted In the front yard of any Lot Imless approved by the ACC. 6.23 Mllllboxe.q. All maIlboxes located on Lots shall be of a style approved by the ACC Mrulboxes shall be attached only to stands prOVided and maintained by the ASSOCiatIOn 10 designated locatIOns. 6.14 Clotheslines. No extenor clotheslines of any type shall be pemlltted upon any Lot unless entirely screened from vIew from other Lots 6.25 Exterior Security Devices. No exterior secunty deVIces, including, without IImltal1on, wmdow bars, shall be pennilted on any reSidence or Lot. Signs placed on the Lot or the exterior of the resIdence statmg that such resIdence IS protected by a security system are pennlsslble 6.26 Construction and Sale Period. So long as Declarant owns any property 10 the Commumty for development andlor sale, the restrictions set forth In thIS Artiele 6 shall not be applied or interpreted so as 10 prevent, hinder or mterfere With development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the AssocIation shall have the authority to and shall obtain or cause to be obtained msurance as follows 7 I I The Board shall obtrun insurance on all msurable bUIldings and, where the Board deems there to be a reasonable nsk, other subst80llal structures whether or not such bUlldmgs or structures are located on the Common Areas and whIch the ASSOCiation IS obligated to mamtam Insurance on bUildings shall proVide, at mmlmum, fire and extended coverage, includmg vandalism and maliCIOUS mIschief, and shall be 10 an amount suffiCIent to cover the full replacement cost of any repair or reconstruction in the event of damage or destruchon from any such hazard. Insurance on other substantial structures shall cover those nsks deemed advisable by the Board and shall be 10 such amounts as are deemed adVisable by the Board The Board may insure other types of improvements, meludmg entry momunents, landscaping, and the like, as it deems adVisable WIth respect to slIch other Improvements, the Board shall determine the nsks to be IDsured and the amounts ofmsurance to be earned 7.1 2 The Board shall obtalO a public liability policy applicable to the Common Areas covenng the ASSOCiatIOn and its members for all damage or injury caused by the neghgence of the Association or any of its members or agents, and,lfreasonably available, chrectors' and officers' hablhty Insurance. The pubhc liability policy shall have a combmed 19 " . , 20031124001222.021 smgle limit of at least One MJllIon Dollars ($1,000,00000) unless otherwIse detennmed by the Board. 7.1 3 The Board is hereby authorized to contract WIth or otherwIse arrange to obtain the insurance coverage required hereunder through tho Declarant and to reImburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such Insurance coverage for the benefit of the ASSOCIation and the Owners upon Declarant and the AssociatIon agreeing upon the tenns and condItions applIcable to reImbursement by the ASSOCla,I,lOn for costs Incurred by Declarant In obtairung such coverage Notwithstandmg anythIng contained in thiS Declaration to the contrary, the Board shall not be reqUIred to comply WIth the proVIsIOns of thIS Arttcle If the Board has contracted for or otherWIse arranged to obtam the reqUITed insurance coverage through the Declarant. 7 1 4 PremIums for all insurance shall be common expenses of the AssoclUtion. The poliCIes may contllln a reasonable deductIble, and the amount thereof shall not be subtracted from the face runount oCthe policy In detennmmg whether the Insurance at least equals the full replacement cost 7.1 5 In the event Insurance premIUms In conneclIon with the Insurance reqUIred by this ArtIcle 7 become prohIbitively expensive, In the judgment of the Board, the Board may WIth approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the requrred insurance, self-insure itself, or dIscontinue the insurance all together 7.2 Policy Requirements. All such Insurance coverage obtaIned by the Board of DIrectors shall be written In the name of the Association, as trustee for the respectIve benefited partIes Such Insurance shall be governed by the prOVISIons hereinafter set forth. 72! All pohCIes shall be wntten with a company authoTlzed to do busmes~ m Was!ungton 7 2 2 ExclUSIve authOrity to adjUst losses under poliCIes obtained by the ASSOCIation shall be vested in the AssociatIon's Board ofDnectors, proVIded, however, no Mortgagee having an interest in such losses may be prohibited from partIcipating In the settlement negotiations, if any, related thereto 7 2 3 In no event shall the insurance coverage obtained and maIntained by the ASSOCIatIOn's Board of Dm:ctors hereunder be brought mto contnbution WIth Insurance purchased by IndiVIdual Owners, occupants, or theIr Mortgagees, and the insurance carried by the AssociatIOn shall be primary 7 2 4 All casualty insurance pohcles shall have an mfiatlOn guard endorsement and an agreed amount endorsement If these are reasonably available and all Insurance polIcies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate Industry and familIar with constIuctlOn in the City of Renlon 20 .. 20031124001222.022 7.3 Olt,er Insurance. In addItion to the other insurance requIred by thIs ArtJcle 7, the Board shall obtam worker's compensation insurance, If and to the extent necessary to satislY the reqUIrements ot' apphcable laws The Board may, In Its dIscretion, obtam a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the ASSOCIation's funds, If reasonably avaIlable The ASSOCIatIOn shall obtam addItional insurance coverage, If and to the extent necessary to sauslY the reqUIrements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage AssoclaUon, the U S Department of Veterans AffaIrs, or the U S Department of Housing and Urban Development. 7.4 Individual Insurance. By vIrtue oftakmg title to a Lot subject to the terms of this DeclaratIOn, each Owner acknowledges that the ASSOCIation has no obligatIOn to proVIde any msurance for any portion of mdlvidual Lots, and each Owner covenants and agrees with all other Owners and WIth the ASSOCIatIOn that each Owner shall at a mimmum, carry fire and extended coverage casualty msurance on the Lot and all structures constructed thereon in an amount suffiCIent to cover the full replacement costs of any repair or reconstruction in the event of damage or destructton from any such hazard 7.5 Damage and Destruction -Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portIon of any Jmprovement covered by Insurance wnlten ID the name of the Association, the Board of DIrectors or its duly authorized agent shall proceed WIth the filing and adjustment of all claIms ansing under such insurance and obtam reliable and detailed esllmates ofthe cost of repair or reconstruction of the damaged or destroyed property. RepaIr or reconstructIOn, as used in thIS SectIOn, means repairing or restoring the property to substantially the same condition and location that eXIsted pnor to the fire or other casualty, allowing for any changes or Improvements necessItated by changes in applicable budding codes The Board of Directors shall have the enforcement powers specIfied in tlus Declarauon necessary to enforce thIS proviSIon 7 5.2 Any damage or destructton to property covered by Insurance wri tten in the name of the ASSOCIatIon shall be repaired or reconstructed unless, Wlthm SIxty (60) days after the casualty, at least seventy-five percent (75%) of the Total Associaton Vote othefWIse agree. Iffor any reason eIther the amount of the insumnce proceeds to be paid as a result of such damage or destruction, or reltable and detaIled estimates of the cost of reprur or reconstructIon, or both, are not made available to the ASSOCiation withm such pen ad, then the period shall be extended untt! such infonnatlon shall be made available, prOVIded, however, such extensIOn shall not exceed SIXty (60) days No Mortgagee shall have the fight to participate in the determmation of whether damage or destruction shall bc repaIred or reconstntcted 7 5 3 If the damage or destructIOn for whIch the insurance proceeds are paId IS to be repaIred or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of DIrectors shall, without the necessIty ofa vote of the ASSOCiation's members, levy a special assessment agmnst all Owners In proportton to the number of Lots owned hy such Owners Additional assessments may be made in like manner at any lime 21 " ., '. 20031124001222.023 dunng or following the com.oletlOn of My repair or reconstruction If the funds available from Insurance exceed the costs ot' repair or reconstruction or If the Improvements are not repaired or reconstructed, such excess ~'hall be depoSited to the benefit of the Association 7.5.4 In the event that It should be determined by the AssoCiation m the manner descnbed above that the damage or destruction shall not be repaired or reconstructed and no alternative Improvements are authorized, then and in that event the property shall be restored to Its natural state and mamtamed as an undeveloped portion of the Commumty by the Association m a neat and attrachve condition. 7.6 Damage and Destruction -Insured by Owners, The damage or destrucnon by fire or other casualty to all or any portion of any improvement on a Lot shall be reprured by the Owner thereof Wlthm seventy-five (75) days after such darrmge or destrucllon or, where repalTS cannot be completed within seventy-five (75) days, they shall be commenced witlun such period and shall be completed Within a reasonable lime thereafter Alternatively, the Owner may elect to demolish all Improvements on the Lot and remove all debns therefrom WIthin seventy-five (75) days after such damage or destrucllon In the event ofnoncomphance WIth tillS prOVision, the Board of DIrectors shall have all enforcement powers speCIfied herem, 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Assocl8tion shall, in the event of damage or destructlOn, be allocated among the Persons who are responsible hereunder, or be a common expense of the AssociatIOn ARTICLES CONDEMNATION In the event of a tnking by eminent domam of any portion of the Common Areas on whIch Improvements have been constructed, then, unless within sixty (60) days after such . taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the ASSOCiatIOn shall restore or replace such improvements so taken on the remaining land mcluded 10 the Common Areas to the extent lands are avaJiable therefor The provlSlons ofSectlon 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The follOWIng prOVISions are for the benefit of holders of first Mortgages on Lots m the Community The prOVisions of this Arllcle apply to both this Declarallon and to the Bylaws, notWithstanding any other provislOns contained therem 9. t Notices of Action. An institutional holder, !Osurer, or guarantor of a first Mortgage, who provides a wntten request (0 the Assocmtlon (such request to state the name 22 t' " 20031124001222.024 and address of such holder, Insurer, or guarantor and the Lot number, therefore becommg an "elIgible holder"), will be entnJed to timely wTltten report as to the current status of said Lot with respect to the following 9 I I Any condemnntJon loss or any casualty loss which affects a matenal portion of the Commumty or which affects any Lot on whIch there IS II first Mortgage held, Insured, or guaranteed by such ehglble holder; 9 1.2 Any delinquency In the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder 9.2 No Priority. No provIsion of this Declarallon or the Bylaws gives or shall be construed as gIVIng any Owner or other party priority over any nghts of the first Mortgagee of any Lot In the case of distributIOn to such Owner ofmsurance proceeds or condemnallOn awards for losses to or a takmg of the Common Areas 9.3 Notice to Association. Upon request, each Lot Owner shall be obhgated to furnish to the ASSOCiation the name and address of the holder of any Mortgage encumbenng such Owner's Lot 9.4 V NHUD Approval. As long as the Declarant has the nght to appoint and remove the directors of the AssociatIOn and so long as the project is approved by the U S Department ofHouslllg and Urban Development (UHUOn) for IIlsunng or the U.S Department ofVetemns Affrurs (uy A'') for guaranteeing any Mortgage III the Commumty the followmg actions shall require the pnor approval of the Y A andlor HUD as apphcable dedicatIOn of Common Areas to any pubhc entity; mergers and consohdatlons, dlssolullon oftbe Associallon, and material amendment of the ,Dec lam lion, Bylaws or Arncles of Incorporation. 9.5 Applicability of Article 9. Nothmg contained m this Article shall be construed to reduce the percentage vote that must otherwise bc obtained under the DeclaratIOn, Bylaws, Or Washington law for any of the acts set out in this Article 9.6 Amendments by Board. Should the Fedeml National Mortgage Association, the Federal Home Loan Mortgage CorporallOn, HUD or VA subsequently delete any ofthelf respecltve reqt1lrements which necessitate the prOVISIOns of this Article or make any such requirements less strmgent, the Board, without approval of the Owners, may cause an amendment 10 thiS Article to be recorded to reflect such changes ARTICLE ]0 EASEMENTS 10.1 Easements for Use and Enjoyment. 23 , . '. 20031124001222.025 1C I 1 Every Owner of a Lot shall have a fight and easement of mgress and egress, use and ,:nJoyment in and to the Common Areas whIch shall be appurtenant to and shall pass with the tItle to each Lot, subject to the followmg provisions 10 1 J J tJle right of tJle ASSOCIation to charge reasonable fees for the usc cf any portIOn of the Common Areas, to limIt the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusIve use and enjoyment of specific portIOns thereof at certaIn designated times by an Owner,his famIly, tenants, guests, and mvilees; 10 J 1.2 the right of the ASSOCiatIOn to suspend the votIng nghts of an Owner and the nght of an Owner to use certam Common Areas for any period dunng whIch any assessment against such Owner's Lot remains unpaId, 10.1. ) 3 the right of the ASSOCIatIOn to borrow money for the purpose of Improving the Common Areas, or any portion thereof, or for construchon, repamng or imprOVing any facllttles located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveymg all or any portion of the Common Areas. prOVIded, however, the Iten and encumbrance of any such Mortgage given by the AssocIation shall be subject and subordmate to any nghts, interests, options, easements and pnvdeges herem reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when ex:ecuted, given by Declarant or any Lot Owner encumbering any Lot or other property located withm the Commumty, and ) 0 I I 4 the right of the ASSOCIation to dedIcate or transfer all or any portion of the Common Areas subject to such condItions as may be agreed to by the members of the Association No such dedIcation or transfer shall be effective unless an Instrument agreemg to such dedicatIOn or transfer has been approved by the affinnative vote of at least seventy-five percent (75%) of the Total AssociatIOn Vote, prOVIded, however, that durmg the Development Penod, Declarant may, on its sole sIgnature, dedIcate or transfer poruons of the Common Areas, so long as such transfer or dedIcation does not materially and adversely affect the Association or any Lot Owner. 101.2 Any Lot Owner may delegate such Owner's nght of use and enjoyment 10 and to tbe Common Areas and facihties located thereon 10 the members of such Owner's famIly and to such Owner's tenants and guests and shall be deemed to have made a delegatIOn of all such rights to the Occupants of such Owner's Lot, If leased. 10.2 Easements for Utilities. There IS hereby reserved to the Declarant, the ASSOCIatIon and any utlhty prOVIders deSIgnated by either the Declarant or the Association blanket easements upon, across, above and under all property wlthm the Commuruty for access, ingress, egress, installatIOn, repairing, replaCIng, and maIntammg all utJ[ltJes serving the Community or any portIOn thereof, including, but not limIted to, gas, water, sanItary sewer, stann sewer, cable teleVISIon, telephone and eiectnclty It shall be expressly 24 , . '. .~ .. --... 20031124001222.026 pemllsslble for the Declarant, the Assocl.1tlon, or the designee of either, as the case may be, to mstall, repair, replace, and mamtam or to 'lIIthonze the InslOllntion, repamng, replaclOg, and maintainmg of such Wires, condUits, cables and other equipment related to the prOViding of any such ulility or serVIce T1us easement shall be utilized so as to not unreasonably interfere with Improvements constructed upon any Lot and the bUlldmg envelope for any uOimproved Lot Should any party furmshmg any such utility or service request a specific hcense or easement by separate recordable document, the Board shall have the right to grant such easement 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Commumty,· determmed m the sole discretlon of the AssocmtJOn, as are necessary to allow for the mamtenance required under Article 5 Such mruntenance shall be performed With a minimum of mterference to the quiet enjoyment of Owner's property, reasonable steps shall be tnken to protect such property, and damage shall be repaired by the Person causing the drunage at its sole expense 10.4 Easement for Entry Features. There IS hereby reserved to the Declarant and the ASSOCiation an easement for ingress, egress, mstallatlon, constructIOn, landscapmg and mamtenance of entry features and Similar street-scapes for the Commumty on Lot I of DIVISIOn I and on any other lot in future DIVISIOns as more fully descnbed on the recorded subdIVISion plat for any of the DIVIsions in the Community or any other recorded instrument, easement or conveyance The easement and right herem reserved shall mclude the nght to cut, remove and plant trees, shrubbery, flowers and other vegetatlOn around such entry features and the right to grade the land under and around such entry features. 10.5 Constnu:tlon and Sale Period Easement. Notwtthstandmg any prOViSions contamed m this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design gUldelmes. and any runendments thereto, so long as Declarant owns any property In the Community for development andlor sale, Declarant reserves an easement across all Commumty property for Declarant and any builder or developer approved by Declarant to mruntaln and carry on, upon such portIOn of the Commumty as Declarant may reasonably deem necessary, such faClitties and actiVIties as 10 the sole opimon of Declarant may be reqUITed, convenient, or mCldental to Declarant's and slIch bUllder's or developer's development, construction, and sales activities related to property descnbed above, mcludmg, but WithOut hmltatlOn· the right of access, mgress and egress for vehicular and pedestnan traffic and construction actIVIties over, under, on or m the Commumty, mcludmg, WIthout limitation, any Lot, the right to tie into any portion of the Community with driveways, parkmg areas and walkways, the nght to tie into and/or otheTWIse connect and use (without a tap-on or ony other fee for so domg), replace, relocate, mamtam and repair any deVice whICh prOVIdes 1Iltltty or slmllar services mcludmg, without limitatIOn, electrical. telephone, natural gas, water, sewer and drmnage lines and faclhtles constructed or mstalled Ill, on, under and/or over the Community, the right 10 carry on sales and promotional activities in the Commlmity; and the right to construct and operate business offices, SignS, constructton trailers, model reSidences, and sales offices Declarant and any such bmlder or developer may use residences, offices, or other buildmgs owned or leased by Declarant or stich bUilder or developer as model 25 , ' . ,..-. 20031124001222.027 residences and sales offices Rights cxerclsed pursuant to such reserved easement shall be exercised with a minImum of Interference to the qUiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at Its sole expense During the Development Penod, tins Secllon shall not be amended Without the Declarant's express wntten consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement, Each Owner and Occupant shall comply strictly wrth the ASSOCiation's Bylaws, mles and regulatIOns, the use restnctlOns, as they may be lawfully amended or modified from time to time, and With the covenants, conditions, and restrictions set forth in this DeclaratIOn and in the deed to such Owner's Lot, if any After notice and an opportunity to be heard by the Board of Directors or by a representallve designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for VIOlatIOns of the above (m additIOn to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) In accordance With a prevIOusly established schedule adopted by the Board and fumished to the Owners, which fines shall be collectcd as prOVIded herem for the coJlecllon of assessments Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an actIOn to recover sums due for damages or injunctive relief, or both, mamtamable by the Board of DlTectors, on behalf of the Assoclallon, or, In a proper case, by an aggneved Owner F81lure by the ASSOCiation or any Owner to enforce any of the foregomg shall In no event be deemed a waiver of the nght to do so thereafter 'The City of Renton shall have any and all authonty to enforce this Declaration with respect to the maintenance reqUired In Section 5.1, including but not hmlted to the mamtenance of the stormwater dramage and detentIOn facilIties as shown on the plat 11.2 Duration. ThiS Declaration shall run With and bmd the Commumty, and shall Inure to the benefit of and shall be enforceable by the AssOciatIOn or any Owner, their respective legal representatives. helTS, successors, and aSSigns, perpetually to the extent proVided by law. provided, however, so long as and to the extent that Washington law limits the perIod dunng which covenants restricting land to certam uses may run, any proviSIons of this DeclaratIOn affected thereby shall run With and bind the land so long as permitted by sllch law, after which hme, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods often (10) years, unless a wntten instrument reflectmg <hsapproval signed by the then Owners of at least seventy·five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development andlor sale In the CommunIty) has been recorded wlthm the year Immediately precedIng the beglnnmg of a ten (10) year renewal penod agreemg to change such provisions, in whole or 10 part, or to terminate the same, in which case this Declaration shall be modIfied or termmated to the extent speCified therem; or (b) extended as othcTWlse prOVided by law, Every purchaser or grantee of any interest (mcluding, Without limitatIOn, a security interest) in 26 , . '. 20031124001222.028 any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provIsions of this Declaration may be extended and renewed as provldlld In thIS Section. 11.3 Amendments. II 3.1 ThIS DeclaratIOn may be amended unilaterally at any time and from lime to hme by Declarant (I) If such amendment IS necessary to brmg any provision hereof Into comphance with any apphcable governmental statute, rule, or regulahon or Judicllu determination which shall be In conflict thereWith; (ii) if such amendment is necessary to enable any title Insurance company to Issue otle Insurance coverage with respect to the Lots subject to this Declarahon, (III) if such amendment is required by an institutlonal or governmental lender or purchaser of mortgage loans, including, for example, the Federal Nahonal Mortgage AssociatIOn or Federnl Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to thiS Declaration; or (IV) If such amendment IS necessary to enable any governmental agency or pnvate insurance company to Insure or guarantee Mortgage loans on the Lots subject to thIS DeclaralJon, provided, however, any such amendment shall noi adversely affect the otle to any Owner's Lot unless any such Lot Owner shall consent thereto in wrlong Further, so long as Declarant owns any property for development and/or sale m the Commuruty, Declarant may unilaterally amend this DeclaratIOn for any other purpose, prOVIded, however, any such amendment shall not materially adversely affect the substantive nghts of any Lot Owners hereunder, nor shall It adversely affect otle to any Lot Without the consent of the affected Lot Owner Notwithstanding the above, the Declaration shall not be amended With respect to the maintenance requirements for the stonnwater faclhtles as shown on the plat(s) and the wetland enhancement areas WIthout pnor written approval from the City of Renton 11.3 2 This Declaration may also be amended upon the affinnative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale In the Community) Amendments to thiS Declaratlon shall become effecllve upon recordatIon, unless a later effective date IS specIfied therein. 11.4 Partition. The Common Areas shall remain undIVIded, and no Owner nor any other Person shall brmg any action for partJtlon or division of the whole or any part thereof Without the written consent of all Owners of all portIOns of the property located WIthin the Community and without the wrttten consent of all holders of all Mortgages encumbering any portIOn of the property, Includmg, but not necessarIly hmited to, the Lots located WIthin the Community. 11.5 Gender and Grammar. The Singular, wherever used herein, shall be construed to mean the pluml, when applieable,and the use of the mascuhne pronoun shall Include the neuter and feminine. 27 , . .,. --, 20031124001222.029 11.6 Severability. Whenever possibLe, each provisirm of thiS DecLaratIon shall be interpreted in such manner as to be effective and valid, but if the applIcation of any provision of this DecLaratIon to any person or to any property shall be prohibited or held mvahd, such prohibition or Invalidity shall not affect any other prOVISion or the apphcation of any provIsion which can be given effect WIthout the invalId provisIOn or applicatIOn, and, (0 thiS end, the provISIons of thiS DeclaratIon are declared to be severable 11.7 Captions. The captIOns of each ArtIcle and SectIon hereof, as to the contents of each ArtIcle and Section, are mserted only for convenience and are In no way to be construed as defmmg, limiting, extendmg, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditIOns, restrIctIons, or other prOVISIOns of this Declaration shall be unlawful, void, or VOIdable for violatIOn of the rule against perpetuities, then such provIsions shall contmue only unlIl twenty-one (21) years after the death of the last survivor of the now· living descendants of the Individuals Signing thiS Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the ASSOCiatIOn shall indemnify every officer and dIrector agrunst any and all expenses, Including, WIthout linutatlon, attorneys' fces, imposed upon or reasonably Incurred by any officer or director In connection WIth any actIOn, SUit, or other proceeding (mcludIng settlement of any SUit or proceeding, If approved Iiy the then Board of Directors) to which such officer or dIrector may be a party by reason of being or having been an officer or director The officers and dIrectors shall not be hable for any mistake of Judgment, neghgent or otherwise, except for theIr own mdlvidual WIllful misfeasance, malfeasance, misconduct, or bad faith The officers and directors shall have no personal liabIlity wllh respect to any contract or other commibnent made by them, in good faith, on behalf of the ASSOCiation (except to the e)(tent that such officers or directors may also be members of the Assocl8hon), and the ASSOCIatIon shall Indemmfy and forever hold each such officer and director free and hannless agamst any and all hability to others on account of any such contract or commItment Any nght to mdemmficanon prOVided for herem shall not be exclUSIVe of any other nghts to which any officer or director, or former officer or dIrector, may be entitled The Association may, at the discretion of the Board, matntain adequate general hablhty and officers' and directors' lIability Insurance to fund thiS obligalton, If such coverage is reasonably available 11.10 Books ODd Records. This Declaration, the ArtIcles of Incorporation, the Bylaws, copies of rules and regulations, Design GUidelines, use restnctions, membership register, books of account, and minutes of meetmgs of the members of the Board and of committees shall be made aVailable pursuant to reasonable procedures establIshed by (he Board for inspeehon and copying by any member oflhe Assocl8ttol! or by the duly appomted representatIve of any member and by holders, Insurers, or guarantors of any first Mortgage at any rcasonable time and for a purpose reasonably related to such Person's interest as a member or holder, msurer, or guarantor of a first Mortgage at the office of the ASSOCiation or at such other reasonable place as the Boord shall prescnbe 28 , • " I '. .~ 2003 I 12400 1221.638 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Associatlon Upon wntten request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financ181 smtement Wlthm ninety (90) days of the date of the request 11.12 Notice of Sale. Lease or Acqaisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Assoclatton, In wntmg, pnor to the effecllve date of such sale or lease, the name ofthe purchaser or lessee of the Lot and such other Information as the Board may reasonably require. Upon acquisItion of a Lot each new Owner shall give the ASSOCiation, In wnting, the name and mrulmg address of the Owner and such other mfonnatlOn as the Board may reasonably require 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Commuruty or has the right to Unilaterally annex additIOnal property to the Community) all agreements and determinatIOns, mcludmg settlement agreements regarding litigation mvolvmg the Association, lawfully authonzed by the Board of Directors shall be bmding upon all Owners, their heirs, legal representatives, successors, asSignS, and others having an interest m the Community or the pnvllege of possession and enjoyment of any part of the Community 11.14 Implied Rights. The Assoc18tion may exercise any nght or pnvilege given to It expressly by thiS Declaration, the Bylaws, the Articles of IncorporatJon, any use restriction or rule or regulation, and every other nght or priVilege reasonably to be implied from the eXIstence of any nght or privilege given to It therem or reasonably necessary to effectuate any such nght or priVIlege 11.15 Variances. NotWithstanding anythmg to the contrary contamed herein, the Board ofDlfectors or Its deSignee shall be authonzed to grant mdivldual vanances from any of the provisions of thiS Declaration, the Bylaws and any DeSign Owdehne rule, regulation or use restnction esmblished pursuant thereto Ifit detennmes that wlUver ofapphcation or enforcement of the provISIon 10 a particular case would not be IOconslstent With the overall scheme of development for the Community. 11.16 Litigation. No judICial or admmlstrallve proceedmg shall be commenced or prosecuted by the AssociatIOn unless approved by at least seventy-five percent (75%) of the Total ASSOCiatIOn Vote. 11us SectIOn shall not apply, however, to (I) actions brought by the ASSOCiation to enforce the prOVisions of thiS Declaration (including, without hmltatlOn, the foreclosure of hens), (11) the ImpoSItion and collectIOn of assessments as prOVided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxatIOn, or (IV) counterclaims hrought by the ASSOCiation In proceedl11gs Instituted agamst it This Sechon shall not be amended unless such amendment is made by the Declarant pursuant to SectIOn 1 I 3, hereof, or IS approved by the percentage votes, and pursuant to the same procedures, necessary to Institute proceedmgs as prOVided above. 29 20031124001222.031 EXECUTED the day and year first above wrItten ~~.ru~N~" Harbour Homes, Inc By J hn Merlino Its' . e PresIdent/General Manager State of Wash mgt on ) )S5. County of Kmg ) I cerlli}' that I know or have SRnsfactory evidence that John Merhno is the person who appeared before me, aod sRld person acknowledged Ihat he SIgned this mstrument, on oath stated that he was authorIZed to execute the mstrument and acknowledged it as the VIce PreSIdent/General Manager of Harbour Homes, Tnc to be the free and voluntary act of such party for the uses aod purposes mentioned m the m!!lrument. (Seal Or Stamp) Dated' I ",. 10· 03 NO = Pubhc 10 andfOT'the State ofWashmgton ReSIding at· "IlIe. "''I WI' Pnnted Name' :rt. N 1\" /3" Lhw to+"- My Appomtment Expires ". \ ",.0"> 30 • ·." EXHIBIT A PROJ'ERTY SUBJECT TO THIS DECLARA nON The real property whIch IS, by the recordtng ofthls DeclaralJon, subject to the covenants and restrictions hereafter set forth and which, by VIrtue of the recording of thIs DeclaratIOn, shall be held, transferred, sold, conveyed, used, OCCUPIed, and mortgaged or othefWIse encumbered subject to tJus Declaratton is the real property desCribed as 20031124001222.032 Lotslthrough 74. incluSIVe. and Tl'.1cls A. C.D and H of Maureen Highlands D,v,s,on 1. accordmg to the plat thereofrecorded m volume ,;;l, I 'D of plats at pages~1 -(.'1 records of King County. Washmgton recorded under recording number ;;2.0" i'> I I '*'1 0 D f;l. ~I SlIuate In the County of King, State of Washington AND Lot 1 of CIty of Renton Lot Ime ArPustmenl No LUA-03-083-LLA. Recorded September 24, 2003 Under Recordmg No 2003092400008 SlIuate In the County of King, State of Wash mgt on Common Area: Tracts A & C arc storm detentIOn tracts that are owned and mamtatned by"the Association and are subject to an easement to the City of Renton for access. The Association IS responsible for the maintenance of all pnvate storm dram and detentIOn facihties within said Tracts Tract D IS a wetland enhancement area tract that IS owned and maintained by the Association It IS subject to a Twenty-FIve foot (25') private dramage easement for the benefit ofthe future adjacent lots. The owners of saId benefited lots shail be responsible for the mamtenance of the pnvate drainage faclhtles wlthlD the easement Tract H IS an ingress, egress, drainage and uuhUes tract owned by the ASSOCiatIOn It IS subject to easements to Lot 74 for Ingress and egress and to tlle City of Renton for access to Tract A. TIle AssoclOUon IS responSible for maintenance of the drainage and utthty faclliUes Within saId tract The Associatton and the Owner of Lot 74 are jomtly responSible for the mmntenonce of the tngress and egress faclhlJes wltlun Said Tract. Dramage Easements The Ten (l0) foot pnvate dramage easements across Lots 11, 18 and 25 as shown on the pInt are for the benefit of the Assoctation for an emergency drrunage swale and arc maintained by the AssoCIation 31 • • • 1 j r,a , ·' --. 2003112400 1 222.Q33 UtIlitv Easement The Thirty (30) foot uhhty access easement across Lot I of City of Renton Lot line Adjustment No LUA-03-083-LLA as disclosed by Instrument recorded under recording number 20030512001491 IS for the benefit of the AssociatIOn and IS maintained by the ASSOCiatIOn The ASSOCiation has the sole respor,slblhty for the dramage faclhties contained withm the easemen~ including, but not IllTuted to mamtenance, operatIOn and upkeep SIgn Easement The SIgn Easement on Lot 1 IS for the benefit of the AssocIation The Association is responsIble for the facilities WIthin the easement Private Tract: Tract E IS an mgress, egress, drainage and utility tract owned and mamtamed by Lot I of City of Renton Lot line Adjustment No LUA-03-083-LLA 32 n •• 1 I ~. " .' 20031124001222,034 EXHIBITB LEGAL DESCRIPTION OF ADDITIONAL PROPERTY Tract I of Maureen Highlands Division I. according to the plat thereof recorded In volume ~ ofplals at pages tG/-r: Z records of King County, Washmgton recorded under recording number ;;Z a Q "3 //..2 9"0 0 /./..:v 33 ~ o i \ I u~ ~~~I ~ ~I'\! -a-~~~I ! ~I III:J" '!I I (Y) I: ~i <:) ;/~. en s~ ; ~ i~ 0 ..-7-0 ;; ...-"u <:) ~ll! ai " CO ~~ u: '" AFFIDAVIT The undersigned owner confirms that the East property line as shown on the attached survey is in accordance with the west property line of the follo~ng described property. the W 1/2 of H.E. 1/4 of S.W. 1/4 of Sec. 11 TlIP 2) H. R5E, V.M., King County, VA. J. Ii. HORRISOH, Inc., ~:"E~~ -.- President I . ~S, County 01 KING \ On Ihi. Jrd rla)' 01 October, 1980 . ""lore me. Ihe undersigned. a NOlary Public in and rur the Stille uf WashinRlon, duly COmmis.iioned and sworn, ~rsonally appe:ar~d J.It. MORRrSO~ _ to me known to be the J'r~idf'nl mats iJ";""" respeclively, or J.It'. )-fORRlSON. Inc. the cO'P'.talion thai e'''''It'd Ihe loregoing instrumenl, aod acknowledged Ihe SIlid instrument to be the Ir .. and voluntary Rct and cited Ilf !'aid f.tJfporotion, for the uses and purposes therein mentioned, and Dn oath stated that he ta 8ulhQriled iii txecult the said inSlnlnltnl and thnt tht seal affixed is the corporate seal or said .:orlloralion. Witness my hand Bnd ufficial St':d htrt'l:J aflixed the d:ty antfear lirst above wrilten.~ (. -rl--.t-~~, .L! ...................................... :~Y..L·l .................................. . Nfllar." Public i" JJi/~r flit S/4 oj U'as/rh.t'Oll, rtsidhtg al Se~ ttl •• . " City of R& ..... .n Department of Planning / Building / Public. '{s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fire... COMMENTS DUE: APRIL 28. 2005 APPLICATION NO: LUA05·049 FP DATE CIRCULATED: 'APRIL 20 2005 APPLICANT: Brian Mannelly, Harbour Homes Inc. PROJECT MANAGER: J I r---Ff!e.s ~ ~ n ~H fi' i" ~ PROJECT TITLE: Maureen Hi~hlands Div. 3 Final Plat PLAN REVIEW: Jennifer i I~ SITE AREA: BUILDING AREA (oross): ADD .. " """, ~ w .. vuy "-LOCATION: E of Rosario Ave NE & N of NE 4'h Street WORK ORDER NO: 774 6 SUMMARY OF PROPOSAL: Final plat of Maureen Highlands Divisions III with 19 slngle·fami Y r installation of sanitary sewer main, storm drainage, sidewalks, straet lighting and paving. esi den tisnorsD JTI'i\f II ra II Incl udes FiRE DErAfFi.1i:i'if A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS E/omont 01 tho Probable Probab/o Mora Elomont of tho Probablo Probablo Mora Envlronmont Minor Major Information Impacts Impact. NOCDSSOry Envlronmonl Minor Major Informal/on Impacts Impacts NoCfJsssry ElIrth Air Water H~ Plants LancVS/lOre/lne USB An/mnls lecreation ~ Envjronmental Health Public Service. £n6fT}y/ Narum/ Resources A:r:=~::: Nil B. POLICY-RELA TED COMMENTS C. 5 We have rev/ wed this application with particular attention to those areas in which WB hSVB Bxpertlse and have Identified areBS of probable impacl or BraB, wl,ara ddilionBI Inform I. naadad 10 properly Bssass Ihls proposal. :/ : / ,/ ~ 1'fJ/fO~ irector or Authorized A resentativ8 Date ( I~~ Kathy Keolker-Whceler, Mayor April 20, 2005' Brian P. Mannelly Harbour Homes, Inc. 33400 9th Avenue S, Suite 120 , Federal Way; WA98003 Subject Maureen Highlands Div. 3 Final Plat LUA·05·049, FP Dear Mr. Mannelly: CITY' )F RENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator 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. Sihcerely, ------------IO-S-S-s-ou-t-h-a-ra-dy-W--ny-.-R-e-nt-on-,-W-a-sh-in-g-to-n-9-8-0S-S------------~ ® This pDI>or oontolns 50% rocyclod motO/iat, 30% post oonsumar AHEAD 01: TilE CUnVE ', ..... ~ City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Harbour Homes, Inc PROJECT OR DEVELOPMENT NAME: Maureen Highlands Division 3 ADDRESS: 33400 9th Ave S., Suite 120 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: East of Rosario Ave NE, North of NE 4'h ST CITY: Federal Way ZIP: 98003 Renton, Washington 98059 TELEPHONE NUMBER: (253) 838·8305 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 5214500800 APPLICANT (If other than owner) NAME: OWNER EXISTING LAND USE(S): Vacant COMPANY (if applicable): PROPOSED LAND USE(S): Residential Single Family ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential -Rural CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (If applicable): N/A TELEPHONE NUMBER EXISTING ZONING: R5 CONTACT PERSON PROPOSED ZONING (If applicable): N/A NAME: Brian P. Mannelly SITE AREA (in square feet): -201,477 SF SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if applicable): Harbour Homes, Inc. FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (If applicable): 41,082 SF ADDRESS: 33400 9'h Ave. S., Suite 120 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Federal Way ZIP: 98003 ACRE (If applicable): N/A NUMBER OF PROPOSED LOTS (if applicable): 19 TELEPHONE NUMBER AND E-MAIL ADDRESS: (238) 838-8305, bmannelly@harbourhomes.com NUMBER OF NEW DWELLING UNITS (if applicable): 19 Q: weh/l'W/ dcvserv I Ihnns/p hum in g/mllslCrnpp .doc 04iJ 1/05 ·t -. ' ""' PRO CT INFORMATION (contlnL ..L) ______ --, NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (If applicable): <3,500 SF SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (If applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (If applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): Cl AQUIFER PROTECTION AREA ONE Cl AQUIFER PROTECTION AREA TWO Cl FLOOD HAZARD AREA Q GEOLOGIC HAZARD Cl HABITAT CONSERVATION Q SHORELINE STREAMS AND LAKES Q WETLANDS ___ sq,fI, ___ sq.fI, ___ sq,fI, ___ sq,fl. ___ sq,fI, LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following Information Included) SITUATE IN THE SW QUARTER OF SECTION 11, TOWNSHIP 23N, RANGE 5E IN THE CITY OF RENTON, KING COUNTY, WASHINGTON, TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Final Plat !J1rJ-&r:) 3. 2. 4. Staff will calculate applicable fees and postage: $1000.00 AFFIDAVIT OF OWNERSHIP I. (Print Name/B) ,10 kl VI All, V /,'VIO (V p) , declare that I am (please check one) _ the current owner of the property involved In this application or --L the authorized representative to act for 8 corporation (please attach proof of authorization) and that the foregoing statements and answers herBm contained and the Information herewith BfB In all respects true and correct to the best of my knowledge and belief. ~ ~ , I certify that I know or heve satisfactory evidence thals, )O'vW\ Me.t-4 r1 0 signed this Instrument and acknowledged It to be his/her/thelr free and voluntary act for the ~ uses and purposes mentioned In the Instrument. ure of Owner/Representative) (Signature of Owner/Representative) Notary (Print) &COj 1<-. b, \\!5V': My appointment eXPlres: __ t\'-'\l-'D~<.\-1\..lY>::lo<.C;",>1--'. __ _ (l:wch/pw/devserv/fonns/plunning/muslempp.doc 04111/05 DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: DEVELOPMENT P CITY OF RENT~N/NG APR 122005 RECEIVED The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefiy, with the most preCise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. . USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving deciSions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. J :\La nd Acquisitlon\Projects\Ma u roan III \Recordl ng \envch I 5t -Olvi 5 ion 3 .doc0312 8/05 A. BACKGROUND 1. Name of proposed project. if applicable: Maureen Highlands 2. Name of applicant: Harbour Homes, Inc. 3. Address and phone number of applicant and contact person: Harbour Homes, Inc. 33400 9th Ave. S. Suite 120 Federal Way, WA 98003 (2S3) 838·830S Contact Person: Brian P. Mannelly 4. Date checklist prepared: March 2S, 200S 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): The project Is currently In· the 3"' of three development divisions, which completed construction In March 200S. Division 2 recorded In February 200S (single family housing production Is underway), and Division 1 recorded In November 2003 with single family housing production completed. 7. Do you have any plans for future additions. expansion, or further activity related to or connected with this proposal? If yes, explain. Yes, Construction of single family homes. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Geotechnical Evaluation Report, by GeoEnglneers (October 2000) Wetland Evaluation Report, by Talasaea Consultants (May 2001) Traffic Impact Analysis, by Transportation, Planning & Engineering (May 2001) Level 3 Downstream Analysis and Drainage Control Plan/Report (May 2001) Wetland Mitigation Plan, by Talasaea Consultants (March 2003) Wetland MItigation Plan Baseline Assessment, by Talasaea Consultants (February 2004) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Yes. A Lot Line Adjustment Is pending through the City of Renton. The LLA submittal was deemed complete 3/1S/0S. Division 3 will record after the LLA records. J :\Land Acq u i sUi on \Proj ects\Mau reen III \Record i ng\envch 1st -Oi vision 3.doc 2 10. List any governmental approvals or permits that will be needed for your proposal, if known. Lot Line Adjustment -City of Renton NE 8th Street Paving Improvements Approval -City of Renton 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The Maureen Highlands property totals approximately 36.85 acres. The zoning of the site Is R-5. The project Is submitted based on this zoning and will fall within the parameters of the zone. There are 3 development divisions associated with this project. Division 1 recorded In 2001 and all housing production has been completed. Division 2 recorded In February 2005 and housing production Is currently underway. Division 3 Is being submitted for final plat approval April 2005 with housing production to begin at the completion of Division 2. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The site is located In the southwest quarter of Section 11, Township 23 North, Range 5 East. More specifically, the site Is north of NE 4th Street, east of Rosario Avenue NE, west of 155'h Avenue SE, and south of SE 120'h Street. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one@rolling, hilly, steep slopes, mountainous, other . The site Is generally flat. b. What is the steepest slope on the site (approximate percent slope?) Approximately 5% slope. c. What general types of salls are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The upper 2 to.6 feet of soli appears to be glacial ablation drift, a medium dense deposit consisting of slit, sand, gravel and cobbles underlain by a layer of very dense Vashon glacial till, a non-sorted mixture of sand, slit and gravel directly deposited by the glacial Ice. Shallow ground water Is commonly perched on top of the glacial till during the wet season. See Geotechnical Evaluation -Preliminary Plat Submittal requirements #26. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. J : \La nd Acq u i sili a n \P rojecls\Ma u reen I \ I\R Beord i n g\envchlst-Divi sian 3.doc 3 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Grading was required for construction of roads and lots. The on-site solis at the property are generally suitable for use as structural fill during dry weather periods. See Geotechnical Evaluation, Preliminary Plat submittal requirements #26 for detailed Information. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur as a result of the clearing and grading activities If unmitigated construction occurred during extreme conditions .. Temporary measures were Implemented during construction to mitigate and minimize Impacts from erosion. Permanent stormwater facilities were Installed as part of the development, in compliance with the City of Renton requirements. g. About what percent of the Site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 40-50% of the site will be covered with impervious surfaces after project construction. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. AIR The contractor Installed erosion control measures during construction in accordance with the 199B King County Surface Water Design Manual and the City of Renton requirements Including, but not limited to: straw bales, filter fabric, and slit fencing. Following construction, surface water Is controlled with the permanent storm drainage system. The contractor was responsible during construction for monitoring and maintaining the effectiveness of the erosion control measures and making necessary repairs and/or modifications to the erosion control system as appropriate. a. What types of emissions to the air would result from the proposal (Le., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction activity, there were temporary Impacts on air quality including emissions from construction vehicles, Increased suspended particulates (dust and smoke) during grading activities and from unfinished roads, and odors from asphalt paving for brief periods during roadway construction. Following construction, carbon monoxide emissions would be expected from project generated auto traffic, and particulates would be expected from fireplaces or wood- burning stoves. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No. There' are no known sources of emissions or odor that may affect this proposal. J :\Land Acquisi lion \ P roj eets \Maureen Ill\Record i ng \8 n vch Ist·Divi sian 3,d DC 4 c. Proposed measures to reduce or control emissions or other impacts to air, if any: 3. WATER Watering and/or hydroseedlng of exposed solis during construction period would be Implemented to limit the emission of suspended particulates and dust Into the air. Impacts after home construction could be associated with the use of fireplaces or wood-burning stoves and would be mitigated by PSAPCA "burn bans". a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river It flows into. Four Isolated, paulstrlne emergent, seasonally flooded wetlands are located in the northern 20-acre portion of the 40-acre property. Wetland A (2,729 sf) Is located on the northern one-third of the property near the north property line. Watland B (31,963 sf) Is located in the north 20 acres near the east property line. Wetland C (11,618 sf) Is located south of Wetland B and Is parallel to the eastern property boundary. Wetland D (17,227 sf on-site) Is located on the western property line and extends offOslte to the west. See Wetland Evaluation Report, Preliminary Plat submittal requirement #19. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. Wetland mitigation/enhancement plans have been approved In conjunction with project Improvement and construction plans. Wetlands are being monitored by Talasaea Consultanta, with quarterly reports being generated with observations and recommendations. A bond has been posted for wetlands maintenance over a 5-year period. See Wetland Evaluation Report, Preliminary Plat submittal requirement #19 and the approved Wetlands Mitigation Plan (March 2003). 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. All of Wetland A and a portion of Wetland Band C have been filled. The total amount of fill between the three wetland areas Is 7,391 sf. The fill material was generated on-site. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No eurface water withdrawals or diversions were proposed or expected relative to this project. A portion of the property drains to the Cedar River Basin. Minor drainage diversions of the basin boundary between the Cedar River and May Creek Basin are expected as typically occur with elte grading and residential lot development. All drainage control mitigation shall be In accordance with the City of Renton regulations and the 1998 King County Surface Water Design Manual. See Preliminary Plat submittal requirements #24 and #25. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. The project does not lie within any 100-year floodplain. J : \La nd Acq U isliion \Proj ects\M8U reen 111\Recording\s n vch I s t·Divisi on 3. doc 5 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No waste materials will be discharged to any surface waters from this project or as a result of this project. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. There Is no proposal for ground water to be withdrawn or water to be discharged to ground water In relation to this project. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. There Is no proposal for waste material to be discharged Into the ground for this project. The project is served by City of Renton public sewers, c, Water Runoff (Including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water fiow? Will this water flow into other waters, If so, describe. Site runoff control would be Implemented In accordance with the 1998 King County Surface Water Design Manual as required by the City of Renton, On-site runoff and drainage from NE 4th ST will be conveyed to two KCRTS Level 2 combined detention/water quality control ponds. The May Creek facility is 8.78 ac-ft In size and discharges to the Plat of White Fence Ranch. The Cedar River Detention Pond Is 1.2 ac-ft In size and discharges to the Wlndwood detention pond. For details of the stormwater control plan, see Preliminary Plat submittal requirements #24 and #25. 2) Could waste material enter ground or surface waters? If so, generally describe. 011 from automobile traffic and chemicals from lawn maintenance could potentially enter ground or surface waters without mitigation. The proposal includes mitigation design to reduce or eliminate potential Impacts to ground and surface waters, Including the Installation of oil/water separation and water quality treatment In accordance with the City of Renton Development Regulations and the 1998 King County Surface Water Design Manual. . J:\Land Acquisilion\Projacts\Maureenlll\Recording\envchJst-Divisian 3.doc 6 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Proposed measures would be In accordance with the City of Renton Development Regulations and the 1998 King County Surface Water Design Manual. See Level 3 Downstream Analysis and Drainage Control Plan/Report -Preliminary Plat submittal requirement #19. The proposed control plan uses KCRTS Level 2 flow control ponds. In addition, the May Creek detention pond will also control the 100· year release rate to prevent exacerbation of localized flooding of SE 124'h ST. See Preliminary Plat submittal requirements #24 and #25. 4. PLANTS a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other shrubs X grass X pasture X crop or grain X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoi!, other X other types of vegetation Himalayan blackberry The vegetation consists of European pasture grasses over most of the property and small areas with tree saplings in one of the wetlands. Paper birch (Betula papyrlfera), red alders (Alnus rubra), and willow (Salix sp.) saplings are growing the center of the wetland. Interspersed within this vegetation is Himalayan blackberry (Rubus discolor), soft rush (Juncus effuses), and Douglas Spirea (Spiraea douglassl) Intermixed within European pasture grasses. b. What kind and amount of vegetation will be removed or altered? Plant communities have been cleared for the construction of roads and lots within the project area. The total amount of vegetation cleared Is not known. c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Landscaping will occur on building lots after home construction is completed. Preserved wetlands and their buffers will be enhanced with native evergreen and deciduous trees and shrubs (Preliminary Plat submittal requirement #29). 5, ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: other _______ _ J : \Land Acq uisiti 0 n \P raj ects\Mau reen! II 'Recordl ng\envchlst-Divis ion 3.doc 7 b. List any threatened or endangered species known to be on or near the site. There are no known threatened or endangered species that Inhabit the site. c. Is the site part of a migration route? If so, explain The site Is part of the Pacific Coast Flyway for migratory waterfowl. Otherwise, no other migratory route Is known. d. Proposed measures to preserve or enhance wildlife, if any: The project will provide 25·foot upland buffers around the eastern and western wetlands planted with native vegetation, retention of existing vegetation within the preserved wetlands, and proposed enhancements of a portion of Wetlands e, C and D, and wetland creation. See Wetland Evaluation Report, Preliminary Plat submittal requirement #19). 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Natural gas Is the primary source for heating. Electricity would be the primary lighting source for the project. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. This project would not affect the potential future use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: This project will comply with all City of Renton building and energy codes. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. There are no environmental health hazards that could occur as a result of this proposal. 1) Describe special emergency services that might be required. None known. 2) Proposed measures to reduce or control environmental health hazards, if any: None known. J :\La n d Acq uis ition \P rojects\Ma u reen III \Record i ng \envch I 51 -0 ivislon 3. doc B b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? No known noise exists In the area which might affect the project. 2) What types and levels -of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. During construction, there was temporary noise due to truck traffic on the streets with access to the site and other general construction activities within the site. Construction activity would occur primarily during daylight hours. Noise generated by the proposed project following construction would be automobile traffic and general residential noise. 3) Proposed measures to reduce or control noise impacts, if any: Compliance with applicable City of Renton Noise Ordnance provisions. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Prior to construction of the plat, the site was used as a farm. Currently, Division 1 Is single family residential; Division 2 and Division 3 are vacant single family residential. Residential uses are found to the Immediate east and west of the site, as well as to the south across NE 4'h Street. b. Has the site been used for agriculture? If so, describe. Prior to the construction of the plat, the site was being farmed. c. Describe any structures on the site. Division 1 consists of 74 single family residences. DiviSion 2 has 31 vacant single family residential lots (housing production Is currently underway). Division 3 will have 19 vacant single family lots. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? The site Is currently zoned R-S. f. _ What is the current comprehensive plan designation of the site? The current comprehensive plan designation Is urban residential. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. J : \La n d' Acq ui sit ion \P raj ects\Ma urean III \Recordi ng\envchlst-Divisi on 3. doc 9 h, Has any part of the site been classified as an "environmentally sensitive" area? If so, specify, Yes. Portions of the site contain wetlands. These areas are primarily In the north eastern part of the site with one wetland along the western property line. Most of these wetland areas have been preserved and enhanced. A portion of Wetland B and all of Wetland A (Wetland A Is not regulated by the City of Renton) will be filled, i. Approximately how many people would reside or work in the completed project? Assuming approximately 2,3 persons per household, approximately 285 persons would reside in the completed project. j, Approximately how many people would the completed project displace? The completed project would not displace any people. k, Proposed measures to avoid or reduce displacement impacts, if any: None proposed. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project is a single family residential development which conforms with the R·5 zoning established per the City of Renton Zoning Code, 9. HOUSING a, Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing, The project proposes 124 single family residential lots. The income range is generally believed to be middle Income. b, Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. No units will be eliminated. c. Proposed measures to reduce or control housing impacts, if any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The residential structures ultimately constructed on tha site would be a maximum of two stories in height. Renton Code defines base height for the R-5 zone as 35 feet. J :\Land Acqu lsi lion \P rojects \Mau reen 111\Recording \en vchls t ~D ivi sian 3.doc 10 b. What views in the immediate vicinity would be altered or obstructed? Views from adjacent residences would be altered from open pasture land to single family residential development, similar to existing uses In the area. c. Proposed measures to reduce or control aesthetic im pacts, if any: None proposed. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Street and house lighting would produce limited light during night hours. Neither source Is expected to produce glare on or off site. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts. if any: None. 12. RECREATION a. What deSignated and informal recreational opportunities are in the immediate vicinity? Maplewood Golf Counse Is within two miles driving distance of the site and the Hazen High School play fields are within one mile of the site. b. .' Would the proposed project displace any existing recreational uses? If so. describe. None known. c. Proposed measures to reduce or control impacts on recreation. including recreation opportunities to be provided by the project or applicant, if any: A fee In-lieu of on-site recreation space has been accepted by the City. This fee can be utilized by the City of Renton to Improve existing parks within the area or to develop additional recreational areas. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for. national state. or local preservation registers known to be on or next to the site? If so. generally describe. None known. J :\Land Acq uis i tion \P rajee ts \Ma u reen III\R Bearding \en vchl s I-Oi vi sian 3. doc 11 b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. No immediate adjacent properties are designated as historic sites. c. Proposed measures to reduce or control impacts, if any: None proposed, 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Temporary construction access during site Improvement Is proposed directly from NE 4th Street. Upon completion of site improvements, the internal access streets would connect to NE 6th ST and NE 4th PL, which were stubbed from the adjacent Winwood plat. NE 6th ST connects to Nile AVE NE, while NE 4th PL connects to Rosario AVE NE, which then intersects with NE 4th ST. See Traffic Impact Analysis, Preliminary Plat Submittal requirement #28. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site Is currently served by METRO Transit Route 111/114, which provides service to downtown Seattle. The nearest stop is located at Nile AVE NE and NE 4th ST. c. How many parking spaces would the completed project have? How many would the project elim inate? Residential lots and public streets will provide onslte parking in accordance with City of Renton Standards. The project would not eliminate any parking spaces. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? Yes. The proposal will required the construction of new roads within the proposed project and the widening of the north half of NE 4th Street (a public street). The Improvements Included the addition of one lane with curb, gutter, sidewalk, and necessary utilities.. . e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Upon completion of the project, the proposed 124 single family units are expected to generate 1187 vehicular trips during an average weekday. 93 vehicular trips are expected during AM Peak Hour and 125 vehicular trips during PM Peak Hour. J :\La n d Acq uisition \P rojects \Ma u reen 111\Reco rdi ng\envch 1st -Division 3. doc 12 g. Proposed measures to reduce or control transportation impacts, if any: The City of Renton requires a Transportation MItigation Fee payment of $75.00 per new dally trip attributed to the development. The net new trips due to this development are 1187 trips per day generated by this proposal, minus 110 trips per day generated by the original existing single family home on the site, resulting in 1177 trips per day. The estimated Transportation MItigation Impact Fee Is $88,275.00 (1177 daily trips x $75.00 per dally trip). Full width street Improvements including curb, gutter and Sidewalk, are required on all plat streets and half street Improvements are required along the site frontage on NE 4th ST. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The project would result in an Incremental Increase In demand for public services to the extent that the Increased population would warrant. b. Proposed measures to reduce or control direct impacts on public services, if any. The measures proposed to respond to these impacts are through the various impact fees required by the agencies affected and through the revenue generated by the various taxing districts established for this purpose. 16. UTILITIES a. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: Water: Sanitary Sewer: Electricity: Refuse: Telephone: Natural Gas: Cable: C. SIGNATURE King County Water District No. 90 City of Renton Puget Sound Energy Waste Management Rainier Qwest Puget Sound Energy Comcast Cable I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration or non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: Name Printed: Date: J : \La nd Acquis i lion\Proj ecls\Ma u reen II J\Recording\en vch 1st ~D ivision 3, doc 13 January 26, 2005 City of Renton PlanninglBuilding/Public Works Department Attention: Juliana Frics 1055 South Grady Way Renton, WA 98055 King County Water District No. 90 15606$oulh East 1281h Street Renton. Washington 98059·4540 Phone: 425·255·9600 Fax: 425·277-4128 RE: Substantial Completion of Water Mains and Hydrants -Maureen Highlands Water System Permit LUA04128 Dear Juliana Fries: District staff has reviewed the Maureen Highlands Water System and found that the water mains are in and the hydrants operational. TIlerefore, 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. Sincerely, Lester Piele Superintendent King County Watcr District 90 cc: Brian P. Mannelly Land Development Project Manager Harbour Homes 33400 9'h Ave S., Ste 120 Federal Way, WA 98003 Z:\Devclopcr EXlclisions\SubstMtini Completion\Mauroen Uighlnnds 1-26-OS.doc , ,. Harbour Homes Inc. IIAItIlOIIJ'JlS5!t·' Apri I II, 2005 Cily of Renlon Renlon City Hall 1055 Soulh Grady Way Renlon, W A 98055 SOUlh i'ugCI SOUlld Branch J3·j()O 'Jlh i\\'crHlc South, Suitt! 120, Feuera! Way. WA ~8f)03 RE: Maureen Highlands Division 3, conditions of approval Dear Final Plat Reviewer: SCilltlc (253) RJR-R305 Tacoma (253) 1J25-()S33 Fax (253) I08':WIJ() www.harnourhol11cs.colll OEVELOPMEIIlT CITY OF RE~~~NtNG APR 122005 RECEIVED As a eondilion of Final Plat submittal, the following addresses the conditions of approval Irom Ihe Hearing Examiner on Ihe above referenced projecl. I. Compliance wilh ERC Mitigation Measures: the applicant is required to comply with the Mitigation Measures, which are required by the Environmental Review Committee Threshold Det erm i nat ion. Mitigatloll Measures: I. The applicant shall follow the recommendations contained in the geotechnical engineering report, "Geotechnical RepOJ11'roposed Maureen Highlands Subdivision, Renton Washington", by GeoEngineers, inc. dated May 24, 200 I. 77,i.\' measure lUIs heen mel hy the completioll (!j'colIslrllctioll (!(the Approved Engineering Pia liS. 2. The Weiland Mitigation Plan submitted by the applicant, dated May 200 I, shall be adopted as a condition of the Environmental Determination. The plan shall be implemented prior to recording the linal pial. 71lis lIIeaSllre has heelllllel by IIclimllakelll>v Ihe Cily alld cOlllpleli())I o{c(!IISlmclioll o{ Ihe Approved Ellgilleering plallS. 3. The project shall comply with the 1998 King County Surf.1ce Water Design Manual, Level 2. 7he approved ellgilleerillg plans have heen prepared accordillg 10 Ihe 19911 Killg COIlIlIy SlIIfhce IValer Desigll Mallllal, Level 2. 4. The applicant shall pay the applicable Transportation Mitigation Fee at the rate of$75.00 per each new avemge weekday trip attributable to Ihe project. estimated to be 9.55 average weekday trips per new residence. The Transpol1ation Mitigation Fee is due prior to the recording of the linal plat. 71lisfee lI'il/ he I'llid prior 10 Ihe recordillg o(rhe Filial Pial. , " ' Page 2 April 11 , 2005 5. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$488.00 per each new single family residential lot created by the proposed plat. The fee is due prior to the recording of the plat. Thisfee will be paid prior to the recording of the Final Plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee at the rate of$530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. This fee will be paid prior to the recording of the Final Plat. 2. A "will serve" letter mush be obtained from King County Water District 90 prior to obtaining huilding permits. TIle will serve letter must be provided to the Development Services Division prior to recording the plat. 17,is condition has been met by aclion firthe developer. a copy oflhe "will serve" leller has been provided 10 the Deveiopmelll Services Division. 3. The applicant shall either draft and record a Homeowner's Association or a maintenance agreement for the maintenance of all common improvements, including private storm water facilities, utility and other easements, and other common areas, including all tracts. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the final plat. The Maureen Highland Homeowners Association was established on .Iu~v 23, 2003 and covenants, conditions and reslrictionsfor the association have becn recorded under King COIlllly Recording No. 20031124001222. 4. Payment of impact fees to the Issaquah School District for school use. 17,is condition has been //lei by action taken by the developer. 5. The applicant shall provide a public street link to NE 4th Street in the vicinity of Proposed Lots 5,6, or 7. The location can be determined by Development Services to provide the best separation between existing roads andior driveways east and west of the subject site as well as appropriate alignment with any road or driveway coming from the south side ofNE 4'h Street. This measure has been met by Ihe complelion of conslMlclion firlhe Approved Engineering Plansfor Maureen Highlands Division }, linking Ihe project direct~v 10 NE 4'h Sireet. 6. TIle plat shall be reduced by one or two lots ifrequired to provide for the roadway to NE 4'h Street. 17,ese condilions are not applicable 10 this plat. ~ .. Page 3 April 11, 2005 7. The applicant shall provide certification of minimum water pressure within 30 days of the decision. This condition has been met by action taken by the developer. 8. The tract proposed along the eastern boundary of the subject site where title is not clear should he provided to Ole homeowner's association and the landscape easement should he conveyed to the properties abutting that tract so that homeowners may maintain respective portions if they so choose. The tract in qllestion has been removed from the Final Plat BOllndary throllgh the processing and recording of a City 'if Remon BOllndary Linc Adjllstment. I trust this will comply with your requirements for a compliance letter regarding Maureen Highlands Division III preliminary plat approval conditions. If you have any questions, please don't hesitate to contact me. Sincerely, ~~?7t~jJ Brian P. Mannelly umd DI-'Velopment Project Manager (253) 838-8305 (253) 838-3990 fax www.HarbourHomes.com .' i' Maureen A PORTION OF THE NE 1 CITY OF Highlands DIV. II SEC. 11, TV.'P. 23 N., RGE. 5 Eo, W.M., COUNTY, WASHINGTON ,\ 't. .... " ci)'VNTY ~4Nd. nMSIOH CERTlPlCATI ",,) HOIrnIl'CDlTlN TllA.l 'j~ PRDPiIIlY T~Xtl W ,,10, 111,1.1 nl[R[ J,!IE NO PnlNaJOH gI(QilL-~~n catllf\rD TO 'JI.U ItncI: '011 COlUCnt:f! AND. WAr ..u. tl'tC .. 4L Assrs"..IOOHS CIlll1f1m !rj'Nll omtt fOil' COIUCllOl'l:6'l .IIY [}j> n1£ PROPUITY ftERElN CCflT.IHll. OIllICA1tO AS 5Tl1([11, .;~ 41.1 _ ~"~ O~:~~"flSI: ~ ,o.D .. f\U.. :··:·'Itt.I~. -':2~~,D~Y Of' re,laf!A.lt Y1 "'c .. 0i'1,f.~). ~~C'&J1:tc .:: ~AitCVI. ,nNi;jjf~.-r~.,:.r "'\"~': ~2! 'Dh/:;"'tB~;' . ~\ .. ) U~II6a: """'J --1""0'411 lin ~'1.", QI" EAul4d&)' ___ _ _ '::. ~;~N~~ ~- :\: T"-'I ~Ccot.Hiio 821000D00 '," .. 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PlANNING· SURVEYING .lOB NO. 03024 i· I lOT 18 I IJECII'5 lfH ~CIt[ T~.CB I'OL G, Nl. 14 I ----- -----8 1 /7-1#1 I m~/l~'{ IH~M~ • ,;:"" ~ "~"'"'' ... ,'.: •.. ,.'. • "l,. .. ;' '.~ """, .. ~tALE: Maureen Highlands DIV. II A PORTION Of THE NE 1/4. S''!(~.f..4 SEC. 11, TWP. 23 N., ROE. 5 E., W.M., CITY OF RENlGN, KINO; COUNTY, WASHINGTON 1" = 50' LEGEND , z;n 112" • 2'· REI"" W!Yl1\.Oll Pl~Sne t ..... 51."1"1.11 "COlI[ J75~~' ~CUI0 1ltlI.uI 'III/ Yr\.lOW PlJ,STIC C,lI> "1II14D 1lI0II' , .. 20 21115 2IfC2" UNlm om<,qlllU NOno, ~T~'hl~ ~ '.iT;;M~r IN liru r.-fflONT lOT caI"l'RS L. ..... US NOml onoww. CORE ~DESJGN .... , " " 141'/ Nt'. 2911> 1'1 Soh lOT I..a.-, waot.hQllrl 911OD7 4'lJ.U4J8T1 ~'U -I2J.Nl.794.] an' Of n[N1ClI IT!I(:[f ~DORESS PIIIVATt DlloU;AIil tASWENI ENG/NEff/ING • PtANNING' SIJIlYEYING JOB NO. 03024 OEV~OFMENT PLANNING RENToN ·APR 122005 RECEIVED MAUREEN HIGHLANDS DIV. III FINAL PLAT 03024 Plat Map Checks 1119/2005 SJS Core Design, Inc. 14711 NE 29th Place Suite 101 Bellevue, W A 98007 OF BLOCK 1 LOT BOUNDARY PNT# BEARING 10023 DISTANCE NORTHING 183480.50 S 87°27'27" E 628.14 10017 183452.64 S 00°11'55" W 385.10 3268 183067.54 S 48°09'09" W 85.00 3266 183010.83 S 54°42'51" W 71.35 3257 182969.62 N 87°27'27" W 110.40 3258 182974.52 N 00°14'4411 E 78.06 EASTING 1317944.21 1318571.73 1318570.39 1318507.07 1318448.83 1318338.54 STATION 0.00 628.14 1013.24 1098.24 1169.58 1279.98 3259 183052.58 1318338.88 1358.04 RADIUS: 25.00 LENGTH: 40.27 CHORD: 36.06 DELTA: 92°17'49" CHORD BRG: N 46°23'38" E PC-R: S 89°45'16" E PT-R: S 02°32'33" W RADIUS POINT: 3260 183052.47,1318363.88 TANGENT: 26.02 3261 183077.45 1318364.99 1398.31 N 02°32'33" E 42.00 10012 183119.40 1318366.85 N 87°27'27" W 33.59 3311 183l20.89 1318333.29 N 02°32'33" E 100.00 3304 183220.80 1318337.73 N 87°27'27" W 240.32 3297 183231. 46 1318097.64 N 00°14 144'1 E 7.81 10013 183239.27 1318097.68 N 89°45'16" W 154.50 3326 183239.93 1317943.18 N 00°14'44" E 240.58 10023 183480.50 1317944.21 Closure Error Distance> 0.0061 Error Bearing> S 68°29'59" W Closure Precision> 1 in 365549.3 Total Distance> 2217.11 LOT AREA: 201477 SQ FT OR 4.6253 ACRES 1440.31 1473.90 1573.90 1814.23 1822.04 1976.54 2217.11 Lot Report CRD File> P:\2003\03024\Carlson\03024.crd LOT CL-l OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 802 183111.29 S 87°27'27" E 242.20 857 183100.55 S 87°27'27" E 47.88 10015 183098.42 S 87°27'27" E 25.35 866 183097.30 EASTING 1318076.13 1318318.08 1318365.92 1318391. 25 01/19/2005 11:41 STATION 0.00 242.19 290.08 315.43 RADIUS: 55.00 LENGTH: 88.60 CHORD: 79.33 DELTA: 92°17'49" CHORD BRG: N 46°23'38" E PC-R: N 02°32'33" E PT-R: N 89°45'16" W RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 57.25 868 183152.01 1318448.69 404.03 N 00°14'44" E 132.11 871 183284.12 1318449.25 536.13 RADIUS: 55.00 LENGTH: 84.19 CHORD: 76.21 DELTA: 87°42'11" CHORD BRG: N 43°36'22" W PC-R: N 89°45'16" W PT-R: S 02°32'33" W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 52.84 874 183339.30 1318396.69 620.32 'N 87°~n'27u W 319.84 807 183353.48 1318077.17 S 00°14 144 11 W 114.13 10014 183239.36 1318076.68 S 00°14 144 11 W 128.07 802 183111.29 1318076.13 Closure Error Distance> 0.0078 Error Bearing> S 56°54 1 33 11 E Closure Precision> 1 in 151485.0 Total Distance> 1182.36 LOT AREA: 88885 SQ FT OR 2.0405 ACRES 940.16 1054.29 1182.36 LOT CL-2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 10014 183239.36 1318076.68 0.00 N 00°14 '4411 E 235.22 10024 183474.58 1318077.68 235.22 N 97°27'27" W 133.61 10023 183480.50 1317944.21 368.83 S 00°14 144 11 W 240.58 3326 183239.93 1317943.18 609.41 S 89°45 1 16" E 112.50 3325 183239.45 1318055.68 721.91 S 89°45'16 11 E 21. 00 10014 183239.36 1318076.68 742.91 Closure Error Distance> 0.0058 Error Bearing> N 27°38'34 " E Closure Precision> 1 in 129055.6 Total Distance> 742.91 LOT AREA: 31760 SQ FT OR 0.7291 ACRES LOT RW PNT# 10023 10024 10022 DEDICATIO OF BLOCK 1 BEARING DISTANCE S 87"27'27" E 133.61 S 87'27'27" E 21.02 S 00'14'44' W 76.06 NORTHING 183480.50 183474.58 183473.64 EASTING 1317944.21 1318077.68 1318098.68 STATION 0.00 133.61 154.62 3294 183397.59 1318098.35 230.68 RADIUS: 25.00 LENGTH: 38.27 CHORD: 34.64 DELTA: 87'42'11' CHORD BRG: S 43"36'22' E PC-R: S 89'45'16' E PT-R: N 02'32'33' E RADIUS POINT: 3293 183397.48,1318123.35 TANGENT: 24.02 3292 183372.50 1318122.25 268.95 S 87"27'27' E 58.24 3290 183369.92 1318180.42 327.19 S 87"27'27' E 79.12 3288 183366.41 1318259.47 406.31 S 87'27'27' E 79.12 3286 183362.90 1318338.51 485.43 's 87"27'27' E 59.17 3285 183360.28 1318397.62 544.60 RADIUS: 76.00 LENGTH: 116.33 CHORD: 105.30 DELTA: 87'42'11' CHORD BRG: S 43'36'22' E PC-R: S 02"32'33' W PT-R: N 89'45'16' W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 73.01 3274 183284.03 1318470.25 660.93 S 00"14'44' W 132.11 3269 183151.92 1318469.69 793.04 RADIUS: 76.00 LENGTH: 122.43 CHORD: 109.61 DELTA: 92'17'49' CHORD BRG: S 46'23'38' W PC-R: N 89'45'16' W PT-R: N 02"32'33' E RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 79.11 3262 183076.32 1318390.31 915.47 N 87'27'27' W 25.35 3261 183077.45 1318364.99 940.82 N 02"32'33' E 42.00 10012 183119.40 1318366.85 982.82 S 87"27'27' E 25.35 3310 183118.28 1318392.18 1008.17 RADIUS: 34.00 LENGTH: 54.77 CHORD: 49.04 DELTA: 92"17'49" CHORD BRG: N 46'23'38' E PC-R: N 02"32'33' E PT-R: N 89°45'16' W RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 35.39 3309 183152.10 1318427.69 1062.94 N 00"14'44" E 64.69 3306 183216.79 1318427.96 1127.63 N 00"14'44" E 67.42 3308 183284.21 1318428.25 1195.05 RADIUS: 34.00 LENGTH: 52.04 CHORD: 47.11 DELTA: 87'42'11' CHORD BRG: N 43°36 1 2211 W PC-R: N 89°45 11611 W PT-R: S 02°32 1 33" W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 32.66 3307 183318.32 1318395.76 1247.09 N 87°27 1 27" W 53.65 3305 183320.70 1318342.16 1300.74 N 87°27 1 27 11 W 75.00 3303 183324.02 1318267.24 1375.74 N 87°27 1 27 11 W 75.00 3301 183327.35 1318192.31 1450.74 N 87°27 1 27 11 W 68.31 3300 183330.38 1318124.07 1519.05 RADIUS: 25.00 LENGTH: 4p.27 CHORD: 36.06 DELTA: 92'17'49' CHORD BRG: S 46°23'38' W PC-R: S 02°32'33' W PT-R: S 89'45'16' E RADIUS POINT: 3299 183305.41,1318122.96 TANGENT: 26.02 3298 183305.51 1318097.96 1559.32 S 00°14'44" W 66.25 10013 183239.27 1318097.68 1625.57 N 89°45'16" W 21.00 10014 183239.36 1318076.68 1646.57 N 89'45'16" W 21.00 3325 183239.45 1318055.68 1667.57 N 00'14'44" E 64.00 3323 183303.45 1318055.95 1731. 57 N 00°14'44" E 64.00 3317 183367.45 1318056.23 1795.57 N 00°14'44" E 45.02 3322 183412.46 1318056.42 1840.59 RADIUS: 25.00 LENGTH: 38.27 CHORD: 34.64 DELTA: 87°42'11" CHORD BRG: N 43°36'22" W PC-R: N 89'45'16" W PT-R: S 02°32'33" W RADIUS POINT: 3321 183412.57,1318031.42 TANGENT: 24.02 3320 183437.55 1318032.53 1878.86 N 87°27'27" W 88.57 3319 183441.48 1317944.04 N 00"14'44" E 39.03 10023 183480.50 1317944.2l Closure Error Distance> 0.0082 Error Bearing> S 67"09'31" W Closure Precision> 1 in 243769.9 Total Distance> 2006.46 LOT AREA: 41082 SQ FT OR 0.9431 ACRES , . 1967.43 2006.46 Lot Report 01/19/2005 11:29 CRD File> P:\2003\03024\Carlson\03024.Crd LOT 1 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3325 183239.45 1318055.68 0.00 N 89°45 116 11 W 112.50 3326 183239.93 1317943.18 112.50 N 00°14 144 11 E 64.00 3324 183303.93 1317943.45 176.50 S 89°45 116 11 E 112.50 3323 183303.45 1318055.95 289.00 S 00°14 144 11 W 64.00 3325 183239.45 1318055.68 353.00 Closure Error Distance> 0.0000 Total Distance> 353.00 LOT AREA: 7200 SQ FT OR 0.1653 ACRES , . LOT 2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3323 183303.45 1318055.95 0.00 N 89°45 1 16 11 W 112.50 3324 183303.93 1317943.45 112.50 N 00°14 1 44 11 E 64.00 3318 183367.93 1317943.73 176.50 S 89°45 1 16" E 112.50 3317 183367.45 1318056.23 289.00 S 00°14 144 11 W 64.00 3323 183303.45 1318055.95 353.00 Closure Error Distance> 0.0000 Total Distance> 353.00 LOT AREA; 7200 SQ FT OR 0.1653 ACRES ., . LOT 3 OF BLOCK 1 PNT# BEARING 3317 DISTANCE NORTHING 183367.45 N 89'45'16" W 112.50 3318 183367.93 N 00'14'44" E 73.55 3319 183441.48 S 87'27'27" E 88.57 EASTING 1318056.23 1317943.73 1317944.04 STATION 0.00 112.50 186.05 3320 183437.55 1318032.53 274.62 RADIUS: 25.00 LENGTH: 38.27 CHORD: 34.64 DELTA: 87'42'11" CHORD BRG: S 43'36'22" E PC-R: S 02'32'33" W PT-R: N 89'45'16" W RADIUS POINT: 3321 183412.57,1318031.42 TANGENT: 24.02 3322 183412.46 1318056.42 312.89 S 00'14'44" W 45.02 3317 183367.45 1318056.23 Closure Error Distance> 0.0028 Error Bearing> S 87°38 1 27" E Closure Precision> 1 in 128299.0 Total Distance> 357.91 LOT AREA: 7898 SQ FT OR 0.1813 ACRES 357.91 [,OT 4 OF PNT# BEARING 3290 N 87°27'27" W 3292 BLOCK 1 DISTANCE NORTHING 183369.92 58.24 183372.50 EASTING 1318180.42 1318122.25 STATION 0.00 58.24 RADIUS: 25.00 LENGTH: 38.27 CHORD: 34.64 DELTA: 87°42'11" CHORD BRG: N 43°36'22" W PC-R: N 02°32'33" E PT-R: S 89°45'16" E RADIUS POINT: 3293 183397.48,1318123.35 TANGENT: 24.02 3294 183397.59 1318098.35 96.50 N 00°14'44" E 76.06 10022 183473.64 1318098.68 S 87°27'27" E 86.26 10021 183469.82 1318184.86 S 02°32'33" W 100.00 3290 183369.92 1318180.42 Closure Error Distance> 0.0091 Error Bearing> N 74°13'29" E Closure Precision> 1 in 39465.3 Total Distance> 358.82 LOT AREA: 8303 SQ FT OR 0.1906 ACRES . "r • 172.56 258.83 358.82 LOT 5 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3288 183366.41 1318259.47 0.00 N 87027 r 2711. W 79.12 3290 183369.92 1318180.42 79.12 N 02°32 1 33" E 100.00 10021 183469.82 1318184.86 179.12 S 87°27 1 27" E 79.12 10020 183466.31 1318263.90 258.24 S 02°32 1 33 11 W 100.00 3288 183366.41 1318259.47 358.23 Closure Error Distance> 0.0000 Total Distance> 358.23 LOT AREA: 7912 SQ FT OR 0.1816 ACRES LOT 6 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3286 183362.90 1318338.51 0.00 N 87°27 1 27 11 W 79.12 3288 183366.41 1318259.47 79.12 N 02°32 1 33 11 E 100.00 10020 183466.31 1318263.90 179.12 S 87°27 1 27 11 E 79.12 10019 183462.80 1318342.94 258.24 S 02°32 1 33 11 W 100.00 3286 183362.90 1318338.51 358.23 Closure Error Distance> 0.0000 Total Distance> 358.23 LOT AREA: 7912 SQ FT OR 0.1816 ACRES , . LOT 7 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3283 183359.39 1318417.55 0.00 N 87°27 1 27" W 79.12 3286 183362.90 1318338.51 79.12 N 02°32 1 33 11 E 100.00 10019 183462.80 1318342.94 179.12 S 87°27 1 27 11 E 79.12 10018 183459.29 1318421.99 258.24 S 02°32 1 33 11 W 100.00 3283 183359.39 1318417.55 358.23 Closure Error Distance> 0.0000 Total Distance> 358.23 LOT AREA: 7912 SQ FT OR 0.1816 ACRES Lot Report CRD File> P:\2003\03024\Carlson\03024.crd LOT 8 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 10025 183355.88 N 87°27'27" W 79.12 10026 183359.39 N 02°32'33" E 100.00 10018 183459.29 S 87°27'27" E 79.12 10016 183455.78 S 02°32'30" W 100.00 10027 183355.88 EASTING 1318496.59 1318417.55 1318421. 99 1318501.03 1318496.59 Closure Error Distance> Closure Precision> 1 in LOT AREA: 7912 SQ FT OR 0.0015 Error Bearing> N 87°27'28" 246307.7 Total Distance> 358.24 0.1816 ACRES 01/19/2005 12:04 STATION 0.00 79.12 179.12 258.24 358.24 W Lot Report 01/19/2005 12:08 CRD File> P:\2003\03024\Carlson\03024.crd LOT 9 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3278 183327.54 131857l.29 0.00 N 87°27'27" W 75.88 10028 183330.91 1318495.49 75.88 N 02°32 1 33" E 125.00 10029 183455.78 1318501. 03 200.88 S 87°27 1 27 11 E 70.77 10030 183452.64 1318571. 73 27l.65 S 00°11 155" W 125.10 10031 183327.54 131857l.30 396.75 Closure Error Distance> 0.0078 Error Bearing> S 55°45'04" W Closure Precision> 1 in 50951.3 Total Distance> 396.75 LOT AREA: 9166 SQ FT OR 0.2104 ACRES "' . Lot Report CRD [,OT PNT# 3273 3272 File> P:\2003\03024\Carlson\03024.crd 10 OF BLOCK 1 BEARING DISTANCE NORTHING 183232.84 N 89'48'05" W 100.93 183233.19 N 00°14'44" E 50.84 EASTING 1318570.96 1318470.03 01/19/2005 12:46 STATION 0.00 100.93 3274 183284.03 1318470.25 151.77 RADIUS: 76.00 LENGTH: 28.88 CHORD: 28.71 DELTA: 21'46' 33" CHORD BRG: N 10'38'33" W PC-R: N 89°45'16" W PT-R: S 68'28'11" W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 14.62 3276 183312.24 1318464.95 180.65 S 87'27'27" E 106.38 3277 183307.52 1318571.22 S 00'11'55" W 74.68 3273 183232.84 1318570.96 Closure Error Distance> 0.0074 Error Bearing> S 21°27'5811 W Closure Precision> 1 in 48558.5 Total Distance> 361.71 LOT AREA: 7793 SQ FT OR 0.1789 ACRES 287.03 361.71 LOT 11 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3271 183156.84 1318570.70 0.00 N 89°48'05 11 W 100.99 3270 183157.19 1318469.71 100.99 N 00°14'4411 E 76.00 3272 183233.19 1318470.03 176.99 S 89°48 1 05 11 E 100.93 3273 183232.84 1318570.96 277.92 S 00°11'55 11 W 76.00 3271 183156.84 1318570.70 353.92 Closure Error Distance> 0.0023 Error Bearing> N 89°09'27 11 W Closure Precision> 1 in 155940.9 Total Distance> 353.92 LOT AREA: 7673 SQ FT OR 0.1762 ACRES . ~ . , , . LOT 12 OF PNT# BEARING 3268 S 48°09 1 09" W 3265 N 49°35'08" W BLOCK 1 DISTANCE NORTHING 183067.54 40.00 183040.86 108.79 EASTING 1318570.39 1318540.59 STATION 0.00 40.00 3267 183111. 3 8 1318457.77 RADIUS: 76.00 LENGTH: 42.82 CHORD: 42.25 148.79 DELTA: 32°16'44" CHORD BRG: N 16°23'06" E PC-R: N 57°28'32" W PT-R: N 89°45'16" W RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 21.99 3269 183151.92 1318469.69 191.60 N 00°14'44" E 5.27 3270 183157.19 1318469.71 S 89°48'05" E 100.99 3271 183156.84 1318570.70 S 00°11'55" W 89.30 3268 183067.54 1318570.39 Closure Error Distance> 0.0064 Error Bearing> N 75°20'38" E Closure Precision> 1 in 60834.0 Total Distance> 387.17 LOT ARtA: 9391 SQ FT OR 0.2156 ACRES 196.87 297.87 387.17 LOT 13 OF BLOCK 1 PNT# BEARING 3265 S 48°09'09" 3266 S 54°42'5111 3257 N 14°32'0511 3264 W W W DISTANCE NORTHING 183040.86 45.00 183010.83 71.35 182969.62 115.00 183080.94 EASTING 1318540.59 1318507.07 1318448.83 1318419.97 STATION 0.00 45.00 116.35 231. 34 RADIUS: 76.00 LENGTH: 49.40 CHORD: 48.53 DELTA: 37°14' 25" CHORD BRG: N 5P08'40" E PC-R: N 20°14'07" W PT-R: N 57°28'32" W RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 25.61 3267 183111.38 1318457.77 280.74 S 49°35'08" E 108.79 3265 183040.86 1318540.59 Closure Error Distance> 0.0033 Error Bearing> N 50°47'38" E Closure Precision> 1 in 117129.8 Total Distance> 389.53 LOT AREA: 8783 SQ FT OR 0.2016 ACRES 389.53 LOT 14 OF PNT# BEARING 3257 N 87°27127J1 W 3258 N 00°14'44" E BLOCK 1 DISTANCE NORTHING 182969.62 110.40 182974.52 78.06 EASTING 1318448.83 1318338.54 STATION 0.00 110.40 3259 183052.58 1318338.88 RADIUS: 25.00 LENGTH: 40.27 CHORD: 36.06 188.46 DELTA: 92°17'49" CHORD BRG: N 46°23'38" E PC-R: S 89°45'16" E PT-R: S 02°32'33" W RADIUS POINT: 3260 183052.47,1318363.88 TANGENT: 26.02 3261 183077.45 1318364.99 228.73 S 87°27'27" E 25.35 3262 183076.32 1318390.31 254.08 RADIUS: 76.00 LENGTH: 30.21 CHORD: 30.01 DELTA: 22°46'40" CHORD BRG: N 8J.009'13" E PC-R: N 02°32'33" E PT-R: N 20°14'07" W RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 15.31 3264 183080.94 1318419.97 284.30 S 14°32'05" E 115.00 3257 Closure·Error Distance> Closure Precision> 1 in LOT AREA: 9952 SQ FT OR 182969.62 1318448.83 0.0068 Error Bearing> N 74°45'48" 58619.0 Total Distance> 399.29 0.2285 ACRES 399.29 E LOT 15 PNT# BEARING 3309 OF BLOCK 1 DISTANCE NORTHING 183152.10 EASTING 1318427.69 STATION o . 00 RADIUS: 34.00 LENGTH: 54.77 CHORD: 49.04 DELTA: 92°17'49" CHORD BRG: S 46°23'38" W PC-R: N 89°45'16" W PT-R: N 02'32'33" E RADIUS POINT: 3263 183152.25,1318393.69 TANGENT: 35.39 3310 183118.28 1318392.18 54.77 N 87°27'27" W 58.94 33ll 183120.89 1318333.29 N 02°32 1 33 11 E 100.00 3304 183220.80 1318337.73 S 87°27'27 11 E 90.32 3306 183216.79 1318427.96 S 00°14'4411 W 64.69 3309 183152.10 1318427.69 Closure Error Distance> 0.0032 Error Bearing> N 35°41'14 11 E Closure Precision> 1 in 114865.9 Total Distance> 368.72 LOT AREA: 8961 SQ FT OR 0.2057 ACRES ll3.71· 213.71 304.04 368.72 LOT 16 OF BLOCK 1 PNT# BEARING 3306 N 87°27'27 11 3304 N 02°32 1 33" 3305 S 87°27 1 27 11 3307 W E E DISTANCE NORTHING 183216.79 90.32 183220.80 100.00 183320.70 53.65 183318.32 EASTING 1318427.96 1318337.73 1318342.16 1318395.76 STATION 0.00 90.32 190.32 243.97 RADIUS: 34.00 LENGTH: 52.04 CHORD: 47.11 DELTA: 87"42' 11" CHORD BRG: S 43°36'22" E PC-R: S 02°32'33" W PT-R: N 89°45'16" W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 32.66 3308 183284.21 1318428.25 296.01 S 00°14'44' W 67.42 3306 183216.79 1318427.96 Closure Error Distance> 0.0059 Error Bearing> N 54°47'35 11 W Closure Precision> 1 in 61705.7 Total Distance> 363.43 LOT AREA: 8606 SQ FT OR 0.1976 ACRES ", . 363.43 LOT 17 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3304 183220.80 1318337.73 0.00 N 87°27'27 11 W 75.00 3302 183224.12 1318262.80 75.00 N 02°32'33" E 100.00 3303 183324.02 1318267.24 175.00 S 87°27 1 27" E 75.00 3305 183320.70 1318342.16 250.00 S 02°32'33" W 100.00 3304 183220.80 1318337.73 350.00 Closure Error Distance> 0.0000 Total Distance> 350.00 LOT AREA: 7500 SQ FT OR 0.1722 ACRES , . LOT 16 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3302 163224.12 1316262.60 0.00 N 87°27 1 27" W 75.00 3296 163227.45 1316167.66 75.00 N 02°32 1 33 11 E 100.00 3301 163327.35 1318192.31 175.00 S 87°27 1 27 11 E 75.00 3303 183324.02 1318267.24 250.00 S 02°32 1 33" W 100.00 3302 183224.12 1318262.80 350.00 Closure Error Distance> 0.0000 Total Distance> 350.00 LOT AREA: 7500 SQ FT OR 0.1722 ACRES , . LOT 19 PNT# BEARING 3296 OF BLOCK 1 DISTANCE NORTHING 183227.45 N 87°27'27" W 90.32 3297 183231. 46 N 00°14'44" E 74.06 EASTING 1318187.88 1318097.64 STATION 0.00 90.32 3298 183305.51 1318097.96 164.38 RADIUS: 25.00 LENGTH: 40.27 CHORD: 36.06 DELTA: 92°17'49" CHORD BRG: N 46°23'38" E PC-R: S 89°45'16" E PT-R: S 02°32'33" W RADIUS POINT: 3299 183305.41,1318122.96 TANGENT: 26.02 3300 183330.38 1318124.07 204.65 S 87°27'27" E 68.31 3301 183327.35 1318192.31 S 02°32'33" W 100.00 3296 183227.45 1318187.88 Closure Error Distance> 0.0061 Error Bearing> S 41°04'5711 W Closure Precision> 1 in 61118.1 Total Distance> 372.96 LOT AREA: 9086 SQ FT OR 0.2086 ACRES , . 272.96 372.96 LOT TRACT A OF PNT# BEARING 3279 N 87°27 1 2711 W 3500 BLOCK 1 DISTANCE NORTHING 183330.91 42.72 183332.80 EASTING 1318495.48 1318452.81 STATION 0.00 42.72 RADIUS: 76.00 LENGTH: 63.47 CHORD: 61.64 DELTA: 47°51' 06" CHORD BRG: N 63°31'54" W PC-R: S 50°23'39" W PT-R: S 02°32'33" W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 33.72 3285 183360.28 1318397.62 106.19 S 87°27'27" E 99.07 3280 183355.88 1318496.59 S 02°32'33" W 25.00 3279 183330.91 1318495.48 Closure Error Distance> 0.0069 Error Bearing> N 73°23'42 11 W Closure Precision> 1 in 33579.4 Total Distance> 230.26 LOT AREA: 1502 SQ FT OR 0.0345 ACRES 205.26 230.26 Lot Report CRD File> P:\2003\03024\Carlson\03024.crd LOT TRACT B OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3277 183307.52 N 87'27'27" W 106.38 3276 183312.24 EASTING 1318571.22 1318464.95 01/19/2005 12:46 STATION 0.00 106.38 RADIUS: 76.00 LENGTH: 23.98 CHORD: 23.88 DELTA: 18°04'32" CHORD BRG: N 30°34'05" W PC-R: S 68°28'11" W PT-R: S 50°23'39" W RADIUS POINT: 3275 183284.35,1318394.25 TANGENT: 12.09 3500 183332.80 1318452.81 130.36 S 87°27'27" E 118.60 3278 183327.54 1318571.29 S 00°11'55" W 20.02 3277 183307.52 1318571.22 Closure Error Distance> 0.0059 Error Bearing> N 83°29'19" E Closure Precision> 1 in 45493.4 Total Distance> 268.97 LOT AREA: 2235 SQ FT OR 0.0513 ACRES BLOCK 1 TOTAL AREA: 2235 SQ FT OR 0.0513 ACRES " . 248.96 268.97 • 7 Form No. 1"1 Subdivision Guarantee \ \iL 1< ! .... "... : .. Issued by ( -'" / , Guarantee No.: 4269-540449 , , I . I oevaoPMEP>IT PlANNING CITY OF AEP>lTON APR f'22005 RECEIVED First American Title Insurance Company 3866 South 74th Street, Tacoma, WA 98409 Title Officer: Colleen Franz Phone: (253) 471-1234 FAX: (253) 671-5808 first Amen'can ntle • Fonn No. 14 Guarantee No.: 4269-540449 Page No.: 1 Subdivision Guarantee (4'1D-75) \ Jio at I III I ~ . First American First American ntle Insurance CDmpany 3866 South 74th Street Tacoma, WA 98409 Phn -(2S3) 471-1234 (800) 238·8810 Fax -(2S3) 671-5808 AMENDED SUBDMSION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4269-540449 FEE $ 350.00 TAX $ 30.80 YOUR REF.: Maureen Highlands Dlv. III First American Title Insurance Company a Corporation, herein called the Company Subject to the liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Core Designs, Inc. herein called the Assured, against loss not excee)llng the liability amount stated above which the Assured shall sustain by reason of any Incorrectness In the! assurances set forth In Schedule A. 1. 2. 3. LIABILITY EXCUJSIONS AND LIMITATIONS ;1 No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. . The Company's liability hereunder shall,. be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. This Guarantee Is restricted to the use jOf the Assured for the purpose of providing title evidence ., as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It Is not to be used as a basis for closing any transaction affecting title to said property. Dated: March 02, 2005 at 7:30 A.M. First American nile , Form No. 14 Subdivision Guarantee (4-} 0-75) SCHEDULE A The assurances referred to on the face page are: A. lltle Is vested in: Harbour Homes, Inc., a Washington Corporation Guarantee No.: 4269-540449 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (Including those records maintained and Indexed by name), there are no other documents affecting title to said real property or any paritlon thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions In patents or In acts authorizing the Issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to minerai estates. DESCRIPTION: Parcel "A": Tract "B" of Maureen Highlands Dlv. II, according to plat recorded February 24, 2005 In Volume 227 of plats at Page(s) 1 through 5, Inclusive, under Recording No. 20050224001490, In King County, Washington. Parcel "B": Lot 1 of City of Renton Lot Line Adjustment No. LUA-03-083-LLA, according to survey recorded September 24, 2003 In Volume 163 of surveys at Page(s) 56 and 56A, under Recording No. 20030924900008, In King County, Washington. APN: 521450·0800-02 and 112305-9004-02 First Ametican ntle , Fonn No. 14 Subdivision Guarantee (4-10-75) RECORD MATIERS: Guarantee No.: 4269-540449 Page No.: 3 1. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 521450-0800-02 1st Half Amount Billed: $ 14,156.93 Amount Paid: $ 0.00 Amount Due: $ 14,156.93 Assessed Land Value: $ 2,500,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount 8111ed: $ 14,156.93 Amount Paid: $ 0.00 Amount Due: $ 14,156.93 Assessed Land Value: $ 2,500,000.00 Assessed Improvement Value: $ 0.00 Said amount was for the entire plat of Maureen Highlands Dlv. II consisting of 31 Lots and Tract(s) A and B (Tax Account No(s). for Tract(s) B Is/are not yet available) (as to Parcel "A") 2. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 112305-9004-02 1st Half Amount Billed: $ 14.59 Amount Paid: $ 0.00 Amount Due: $ 14.59 Assessed Land Value: $ 2,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 14.59 Amount Paid: $ 0.00 Amount Due: $ 14.59 Assessed Land Value: $ 2,000.00 Assessed Improvement Value: $ 0.00 (as to Parcel "B") 3. Facility Charges, if any, Including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of the City of Renton as disclosed by instrument recorded under Recording No. 9606210966. first American 7itJe Form No. 14 Guarantee No.: 4269-540449 Page No.: 4 Subdivision Guarantee (4-l0-75) 4. Deed of Trust and the terms and conditions thereof. Grantor: Harbour Homes, Inc. Beneficiary: U.S. Bank N.A. Trustee: U.S. Bank Trust Company, N.A. Amount: $5,092,000.00 Recorded: December 18, 2003 Recording No.: 20031218000576 (affects Parcel "B" and includes other property) Modification and/or amendment by instrument: Recorded: April 14, 2004 Recording No.: 20040414002276 S. Deed of Trust and the terms and conditions thereof. Grantor: Harbour Homes, Inc. Beneficiary: U.S. Bank N.A. Trustee: U.S. Bank Trust Company, N.A. Amount: $5,355,000.00 Recorded: August 17, 2004 Recording No.: 20040817002401 (affects Parcel "A" and Includes other property) 6. Reservations and exceptions, Including the terms and conditions thereof: 7. 8. 10.) Reserving: minerals Reserved By: Northern Pacific Railway Company, a Wisconsin corporation Recorded: December 4, 1957 Recording No.: 4855523 In this connection we note "Notice of Claim to Severed Minerai Interest" recorded under Recording No. 20030125002078 and 200301250002079. Right to make necessary slopes for cuts or fills upon said premises for S.E. 128th 5t. (132nd Ave. S.E. to 168th Ave. S.E.) as granted by deed recorded November 29, 1964 under Recording No. 5827209. The terms and provisions contained in the document entitled "Affidavit" Recorded: November 19, 1980 Recording No.: 8011190344 Conditions, notes, easements, provisions and encroachments contained and/or delineated on the face of the survey recorded under King County Recording No. 9508079012. The terms and provisions contained' in the document entitled "Sensitive Area Notice on TItle" Permit No.: L9966510 Recorded: Recording No.: March 21, 2001 20010321001413 First AmeJiaJn Title Form No. 14 Guarantee No.: 4269·S40449 Page No,: 5 Subdivision Guarantee (4-l0'75) /\ ,12. (~!.. 1 13. 'l 14 , . , " 16 '. ' . 18. 19. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): No.: Recorded: Recording No.: LUA-01-080-LLA July 15, 2002 20020715900003 Easement, Including terms and provisions contained therein: Recorded: May 12, 2003 Recording No.: 20030512001491 For: ingress, egress and utilities Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): No.: LUA-03-083-LLA Recorded: Recording No.: September 24, 2003, 20030924900008 Easement, Including terms and provisions contained therein: Recorded: October 20, 2003 Recording No.: 20031020000315 In Favor of: King County Water District No. 90, a municipal corporation For: water mains and appurtenances ." 'I Restrictions, condltlohs, dedications, not~, easen1ents and pr~vislons, if any, contained and/or delineated on the face of the plat recorded In Volume 218 of plats at Page(s) 61 through 67, Inclusive, In King County, Washington. ' Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, famliy status, or national origin to the extent such covenants, conditions or restrictions Violate Title 42, Section 3604(c), of the United States Codes: Recorded: November 24, 2003 Recording No.: 20031124001222, Provisions of the Articles of Incorporation and By-Laws of the Maureen Highlands Homeowners Association, and any tax, fee, assessments or charges as may be levied by said Association. Restrictions, conditions, dedications, notes, easements and provisions, If any, contained and/or delineated on the face of the plat recorded In Volume 227 of plats at Page(s) 1 through 5, Inclusive" In King County, Washington. Matters which may be determined upon examination of the final plat. INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and Arst American expressly disclaims any liability which may result from reliance made upon it. First AmeriaJn 7itJe Fonn No. 14 Subdivision Guarantee (4·10·75) Guarantee No.: 4269-540449 Page No.: 6 SCHeDUle OF EXCLUSIONS FROM COVERAGe OF nils GUARANTEE 1. Except to the extent that spedflc assurance are provided In Schedule A rI this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, enClJmbrances, adverse dalms or other matters against the title, whether or nat shown by the public records. (b) (1) Taxes or assessments rA any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a pubHe agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing author1ty or by the public records . . (c) (1) Unpatented mining claims; (2) reselVatlons or exceptions In patents or In Acts authorizing the Issuance thereof; (3) water rights, dalms or title to water, whether or not the matters exduded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provfded In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affectlng the title to any property beyond the lines c:I the land I!)(pressty described In the desoiptlon set forth In Schedule (A), (C) or In Part 2 rI this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improyements; or any rights or easements therein, unless such property, rights or easements are expressly and speclflcally set forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured; or (3) which do not result In the Invalidity or potential Invalidity of any Judicial or non-Judicial proceeding which Is within the scope and purpose of the assurances pl'CNlded. (c) The Identity of any party shown or referred to In Schedule A. (d) The validity, legal effect or priOrity of any matter shown or referred to In this Guarantee. GUARANTEE CONDmONS AND STIPULATIONS 1. Definition of Torm •• The following terms-when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the company. (b) "land": the land descrlbed or referred to In Schedule (A) (C) or In Part 2, and Improvements afflxed thereto which by law constltute real property. The term "land" does not Indude any property beyond the lines of the area descrtbcd or referred to In SChedule (A) (C) or In Part 2, nor any right, title, Interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed c:I trust, tnJst deed, or other security Instrument. (d) "public records" : recorns estllbl~hed under state statutes at Date of Guarantee for the purpose cllmparttng constructive notJce of matters relatlng to real property to purchasers (or value and without knowledge. (e) "date": the e"ectIve date. 2. Notice or Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly In writing In case knowledge shall come to an Assured hereunder of any claim of tltle or Interest which Is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue rI this Guarantee. It prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter Of matters for which prompt notice Is required; provided, however, that failure to notify the Company shan In no case prejudice the rights of any Assured under this Guarantee unless the company shall be prejudiced by the faUure and then only to the extent of the prejudice. 3. No Duty to Defond or Prosecute. The company shall have no duty to defend or prosecute any action or proceeding to which the Assured Is a party, notwithstanding the nature of any allegation In such actlon Cl' proceeding. 4. Company's Optfon to Defend or Prosecute ActIons; Duty of Assured Claimant to Cooperate. Even though the company has no duty to defend or prosecute as set forth In Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defenSe, as limited In (b), or to do any other act which In Its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to estIIbllsh the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company'may take any appropr1ate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision r:I this Guarantee. If the Company shalll!)(erclse Its rights under this paragraph, It shall do so dlngently. (b) II the COmpany elects to ""erelse Its options as stated In Paragraph ~(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shaJl not be liable for and will not pay the fees of any other counsel, nor will the company pay any fees, costs or expenses Incurred by an Assured In the defense oc those causes of aCtion which allege matters not coyered by this Guarnntee. (c) Whenever the Company shall have brought an action or Interposed a defense as pennltted by the proviSiOns rI this Guarantee, the Company may pursue any litigation to flnal detennlnatlon by a court r:I competent jurisdiction and expressly reserves the right, in Its sole dlscretlon, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the COmpany to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any actlon or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's I!)(pense, shall give the Company aU reasonable aid In any actJon or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the tttle to the estate or Interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure c:J the Assured to furnish the required cooperation, the company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notfces requIred under Section 2 of these COndtUons and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the COmpany within ninety (90) days atter the Assured shall ascertaln the facts gMng rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis d loss or damage and shall state, to the extent possible, the basis of calculaUng the amount r:I the loss or damage. Jf the Company Is prejudiced by the lallure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall tennlnate. In addition, the Assured may reasonabty be required to submit to examination under oath by any authorized represenllltive of the company and shall produce (or examlnatlon, Inspection and copyIng, at such reasonable times and places as may be designated by any authortzed representative of the company, all records, books, ledgers, checKs, correspondence and memoranda, whether bearing a date before or atter Date of Guarantee, which reasonably pertain to the loss or damage. Further, If requested by any authorlzed representative rI the Company, the Assured shall grant Its permlssJon, In writing, for any authorized representative at the COmpany to examIne, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control oc a third party, which reasonably pertain to the Loss or Damage. All Information designated as confidential by the Assured provided to the Company, pursuant to this Sectlon shall not be dlsdosed to others unless, In the reasonable Judgment of the COmpany, It Is necessary In the adminIstration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonabty requested Informatlon or grant permlsskln to secure reasonabty necessary Information from third partles as required In the above paragraph, unless prohibited by law or governmentill regulation, shall termInate any liability of the Company under this Guarantee to the Assured for that claim. Fttm No. 12112 (1liN. 12/15/95) Arst American ntle Form No. 14 Subdivision Guarantee (4-10·75) 6. Options to Payor Otherwise Settle C~lms: Termination at Liability. In case of a claim under this Guarantee, the COmpany shall have the fOllowing additional options: (a) To Payor Tender Payment of the Amount of LIability or to Purchase the Indebtedness. The COmpany shall have the option to payor settle or compromise for or In the name of the Assured any dalm which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If thIs Guarantee is Issued for the benent of a holder of it mortgage or a nenholder, the COmpany shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attomeys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Sudl purchase, payment or tender of payment of the full amount of the Guarantee shall terminate aU lIablJlty of the COmpany hereunder. In the event after notice of ctalm has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall tennlnate, Indudlng any ~!Jgatlon to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or WIth the Assured Oalmant To pay or otherwise settle with other parties for or In the name r:i an Assured claimant any dalm Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time rI payment and which the Company Is obligated to pay. Upon the exercise by the COmpanv or the cpUon provided ro, In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall tennlnate, Indudlng any obligation to continue the defense or prosccutkln of any litigatiOn for which the Company has exercised Its options under Paragraph 4. 7. Detormlnatfon and Extent ot Liability. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured dalmant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein desc1bed, and SUbject to the Exduslons From Coverage cI This Guarantee. The UablUty of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or In Part 2; (b) the amount of the unpaid prlndpallndebtedness secured by the mortgage rA an Assured mortgagee, as limited or provided under SectIon 6 of these Conditions and Stipulations or as reduced under 5ectfon 9 of these Conditions and StlpulatiOns, at the time the loss or damage Assured against by this Guarantee OCOJrs, together with Interest thereon; or (c) the dltTerence between the value or the estate or Interest Wlercd hereby as stated herein and the value of the estate or Interest subject to any defect, lien or enrumbranca Assured against by this Guarantee. 8. LlmltatiDn Dr Liability. (a) If the Company establishes the title, or removes the alleged defect.. Uen or encumbrance, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, Indudlng litigation and the completion or any appeals therefrom, It shall have fully performed Its obligations with respect to that matter and shall not be liable fOf' any loss or damage caused thereby. (b) In the event or any lltiga~on by the company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court ct competent Jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stilted herein. Guarantee No.: 4269-540449 Page No.: 7 (c) The COmpany shaJi not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suIt without the prior written consent of the Company. 9. Reduction or LIability or Termination of LIability. All payments under thts Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to paragraph 4 shall reduce the amount rJ liability pro tanto. 10. Payment or Loss. (a) No payment shall be made without produdng this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destructIon shall be furnished to the satisfactlon cI the COmpany. (b) When liability and the extent clloss or damage has been deflnltety fixed In accordance with these conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogatfon Upon Payment or settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, aU right or subrogation shall vest In the Company unaffected by any act rI the Assured dalmant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been Issued. If requested by the company, the Assured shall transfer to the COOlpany all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or seWe In the name of the Assured and to use the name of the Assured In any transaction or Iltlgatjon Involving these rights or remedies. If a payment on account of a dalm does not fully cover the loss d the Assured the company shall be subrogated to all rights and remedies of the Assured atter the Assured shall have recovered Its prlndpal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by appUcable Jaw, either the Company or the Assured may demand arbltratlon pursuant to the 11t1e Insurance Arbitration Rules d the Americiln ArbitratIOn AssocIation. Arbitrable matters may Indude, but are not limited to, any controversy or claim between the Company and the Assured arising out ct or relatlng to this Guarantee, any service of the Company in connectlon with Its Issuance or the breach of D Guorantee provision or other obligation. All arbItrable matters when the Amount or UabUlty Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is In excess r:I $1,000,000 shall be arbitrated only when agreed to by beth the canpany and the Assured. The Rules In errect at Date of Guarantee shall be binding upon the parties. The award may Include attomeys' rees only rr the laws of the state In which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbltrator(s) may be entered In any court having jurisdiction thereel. The law or the situs of the land shall apply to an arbitration under the 11t1e Insurance Arbitration Rules. A copy rI the Rules may be obtained from the COmpany upon request 13. Liability Llmfted to this Guarantee; Guarantee Entire COntract. (a) This Guarantee together with aU endorsements, If any, attaChed hereto by the COmpany Is the entire Guarantee and contract between the Assured and the Company. In interpretlng any provision r:I this Guarantee, this Guarantee shall be construed as a whole. . (b) Any dalm of toss or damage, whether or not based on negligence, or any action asserting such ctalm, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a wrltlng endorsed hereon or attached hereto signed by either the PresIdent, a Vice President, the secretary, an Assistant Secretary, or validating officer or author1zed slgnatofy of the Company. 14. Notices, Where Sent. AU notices required to be given the COmpany and any statement In wrItlng required to be furnished the COmpany shall [ndude the number or this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, sanm Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) first American nUe First American To: Harbour Homes Re: 33400 9th Ave S, Ste 120, Suite 305 Federal Way, WA 98003 Attn: Justin Lagers Property Address: vacant land, Renton, WA FIrst American ntlelnsurancD Company J866 S 74th St Tacoma, WA 98409 Phn -(25J) 471-1234 (800) 238-8810 Fax' File No_: 4269-540449 Your Ref No_: Maureen Highlands Dlv.III DEVELOPMENT PUINNING CITY OF RENTON Supplemental Report 1 Dated: March·U, 2005 at 8:00 A.M. APR 12 2005 RECEIVED CDmmltment/Prellmlnary Report No. 4269-540449 dated as of March 02, 2005 (Including any supplements or amendments thereto) relating to the Issuance of an American Land TItle Association Form· Policy Is hereby modified and/or supplemented as follows: Paragraph no.(s) 9 of our Commitment/Preliminary Report has/have been eliminated. First American Title Insurance Company By: Will/am Tlg/ao for Colleen Franz, TItle Officer Pllge 1 or 1 . , . . ' . AFTER RECORDING RETURN TO: City of Renton c/o City Clerk 1055 South Grady Way Renton, WA 98055 SECOND SUPPLEMENTAL DECLARATION OF MAUREEN HIGHLANDS OEVECLOPMEm PlANNING ITY OF RENTON APR '·'22005 RECEIVED THIS SECOND SUPPLEMENTAL DECLARATION is made on the date hereinafter set forth by Harbour Homes, Inc., a Washington corporation, with an address of 33400 9'h Ave. South, Suite 120, Federai Way, Washington ("Declarant"). RECITALS A. Declarant,' as the owner of certain real estate in King County, WashingtOn, executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for the Plat of Maureen Highlands, on November 24, 2003, under recording number 20031124001222 (the "Declaration") and the Supplemental Declaration on February 24, 2005, under recording number 20050224001491 in the records of King County, Washington. B. The Declaration provides for enlargement, expansion and other reserved rights of the Declarant. C. Section 2.2 of the Declaration reserved unto the Declarant the right to submit Additional Property to the Declaration. D. Exhibit B of the Declaration provides the legal description of the Additional Property which Declarant may annex to the Maureen Highlands Community. E. At this time Declarant desires to annex a portion of the Additional Property to the Maureen Highlands Community, pursuant to rights reserved In the Declaration . . F. Declarant has complied with all the terms and conditions of the Declaration to enable It to execute this Second Supplementai Declaration. Declarant hereby declares as follows: . , '. I . AnnexatIon of Property. Pursuant to thIs Second Supplemental Declaration, the property described In ExhibIt A attached hereto and Incorporated herein by this reference, which property Is a portion of the Additional Property, Is hereby annexed to the Community and the Property, as defined In the Declaration. Declarant hereby establishes and annexes Lots and Common Area to the Community and the Property as defined In the Declaration, which additional Lots and Common Area are identified in Exhibit A attached hereto and incorporated herein by reference. The property described in Exhibit A is sublect to all of the terms and provisions of the Declaration .. 2. Allocated Interests. The common expense and votes In the Association allocated to each Lot shall be as provided for in the Declaration. 3. Addltlonai Restrictions. The real property described in Exhibit A attached hereto is sublect to the following additional restrictions: None. 4. Definitions. Unless otherwise defined herein, initially capitalized terms or terms defined in the Declaration shall have the same meaning herein. Dated this ___ day of ________ , 2005. DECLARANT: Harbour Homes, inc., a Washington corporation John Merlino, Vice President/General Manager State of Washington ) ) ss. County of King) I certify that I know or have satisfaCtory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged It as the Vice President/General Manager of Harbour Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: ________ _ 2 " . Notary Public In and for the State of Washington Residing at: ______ _ Printed Name: .--,::--:-----My Appointment Explres_--- 3 • • EXHIBIT A DESCRIPTION OF REAL ESTATE Lots 1 through 19, and Tracts A and B Maureen Highlands Division No.3, according to the plat thereof recorded in Volume of plats, at Pages __ through __ , records of King County, Washington. Common Area: Tract B Division 3 Is a pedestrian access facility tract that is owned and maintained by the Association. Private Tract: Tract A Division 3 Is a private access and utility tract that is owned and maintained by the owners of Lots 8 and 9 pursuant to a separately recorded instrument. , • I·' --, . . , --... After Recording Return to: Harbour Homes, Inc. c/o Geonerco Management, Inc. 1300 Dexter Ave. N. #500 Seattle, WA 98109 Attn: Jennifer Valenta MAINTENANCE AGREEMENT FOR PRIV ATE ACCESS AND UTILITY TRACT The undersigned, being the owner of the following described lots in the County of King, State of Washington, to wit: Lots 8 and 9, inclusive, of Maureen Highlands Div. ill, according to the plat thereof recorded in volume __ of plats at pages __ -__ records of King County, Washington recorded under recording number _______ _ do hereby establish a common plan for the maintenance and protection of a private access and utility tract. Such access and utility tract is described as Tract A of the plat of Maureen Highlands Div. Ill. Tract A is owned in equal and undivided interests by the owners of Lots 8 and 9. Effective Dote: This agreement shall be effective upon recording of this document in King County, Washington. Molntcnoncc: The road within Tract A will consist of an all weather surface road ("Road"). TIle cost of maintaining the Road shall be shared equally by the owners of Lots 8 and 9, inclusive. Should the owner of any of the lots damage the Road, that owner shall repair the Road to the previously existing condition. Within Tract A there may be utility lines which benefit Lots 8 and 9 alike ("Shared Utilities") and utility lines which benefit each Lot exclusively ("Separate Utilities"). The cost of maintenance of the Shared Utilities shall be shared equally by the Owners of Lots 8 and 9, including restoration of the driveway surface if damaged by said utility maintenance. The cost of maintenance of the Separate Utilities shall be borne by the Owner of the Lot who is served by the Separate Utility in need of repair, including restoration of the driveway surface if damaged by said utility maintenance. Decisions: All decisions concerning the maintenance of Tract A shall be vested with the owners of Lots 8 and 9. Such .owners shall make all decisions relating to the maintenance of Tract A, with each lot having one (1) vote and the unanimous vote of the lots having the authority to bind all lots with respect to reasonable and necessary , 'u~· .j, maintenance expenses. All such decisions shall be in writing and signed'by all voting owners. Notwithstanding the foregoing, at all times Tract A shall be maintained in a safe condition and shall comply with all applicable municipal codes and ordinances. In the event that the parties are unable to agree as to any matter covered by this agreement, including specifically but not limited to the necessity for road repair work or road maintenance work, the dispute shall be settled by a single arbitrator who shall direct any settlement deemed equitable under the circumstances. The arbitrator shall be appointed by the presiding Judge ofthe King County Superior Court upon request of any party bound by this agreement. The decision of the arbitrator shall be final and binding and not subject to appeal. The decision may be entered as a judgment and enforced by any party bound by this agreement in any court of competent jurisdiction in King County, Washington, and the losing party shall pay all costs in connection therewith, including reasonable attorney fees in an amount to be set by the court. In the event that the Owners do not maintain Tract A consistent with the Community- Wide Standard, as that term is defined in the Declaration of Covenants, Conditions and Restrictions for the Plat of Maureen Highlands Div. III (the "Declaration"), the Maureen Highlands Homeowners Association, (the "Association") may provide any such necessary maintenance, repair, or replacement at the Owners' sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owners are subject. In the event of non-payment· by the Owner(s), the Association shall have available to it all of the rights and remedies set forth in Article 4 of the Declaration. Restrictions on Usc: The Road shall be used in a manner consistent with a residential street. No parking shall be allowed within Tract A. At no time shall the Road be blocked. The Road shall not be used for access to any commercial or multi-family development. Miscellaneous: a. This Agreement shall be construed in accordance with the laws of the State of Washington. b. This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the undersigned. This Agreement and the benefits and obligations provided hereunder shall be deemed to be a covenant running with the land and shall bind all subsequent owners of Lots 8 and 9, inclusive. EXECUTED this ___ day of ___ ., 2005. Harhour Homes, Inc. John Merlino, Vice President/General Manager State of Washington ) )ss. County of King ) [ certifY that J know or have satisfactory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice PresidentlGeneral Manager of Harbour Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: ________ _ Notary Public in and for the State of Washington Residing at: ________ _ Printed Name: _::--,---___ _ My Appointment Expires. ___ _ , , CITY ENGINEER'S OFFT·"'1 ® RENTON, WASHlNGTON MUNICIPAL BUILDING. 200 MILL AVEN\.._ SOUTH • RENTON, WASHINGTON 98055 • 23!>_.-i1 LEGEND MONUMENT TIES SKETCH .-----RE=FE=REN=C=E::T=IE=S~----, :-: TACK &. WASHER "CORE 37555" IN LEAD IN CONCRETE CURB UNLESS NOTED OTHER~SE ,£ldllool: I'IB' il1Itc MedcBy EB CITY OF RENTON STANDARD MONUMENT STAMPED "CORE 37555" 7 B • 9 .• N.E. 7TH CT. TRACT A ---;:g.&_---fIl ~-..:"'-----L----i:-----.: TRACT B -\ 16 10 1'=50 , Described by ............................................. . DESCRIPTION OF INTERSECTION MARK Date. .... 1A'NhlMY.. 21l.Q$. .................................................................................... . . ...................... Comer Type of new mark set ... qIY. ~n~cmtQn .~IM!lqnl. Mp'I}JRl.1!<1)~ .......................................... .. 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CITY ENGINEER'S OFFICE • RENTON, WASHINGTON MUNICIPAl BUI~DING • 200 MI~~ AV ': SOUTH • RENTON. WASHINGTON 98055 • ' LEGEND MONUMENT TIES SKETCH )( TACK & WASHER "CORE 37555· IN LEAD IN CONCRETE CURB UNLESS NOTED OTHERWISE EB CITY OF RENTON STANDARD ~ONUMENT STAMPED "CORE 37555· 7 16 8 3t \ o . \ C Z \ .., \", .... \ .... :J: .J i~ (/) Q. \ \ \ 9 TRACT B 10 ).,.,-------.... ".. '"=50 Described by .................................. . • ~631 FicW Book DESCRIPTION OF INTERSECTION MARK Date. .... l.N.'ITlMY.. ,'.lQ.Q$. ............................................... : .................................... . Type'ofnew mark set ... j:;jty. p.f.R~ntQn .~fliJld.qr!1 MP.I.l)W)IlI)I •...•..............•..........•........•.... Type of old mark found ........................................................................................ . . ..................................................................................................................... . 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SOUni • RENTON, WASHINGTON 98055 • 2' '631 LEGEND MONUMENT TIES SKETCH ----REF--EREN--------C-E-TJES---------, " )( TACK & WASHER "CORE 37555" IN LEAD IN CONCRETE CURB UNLESS NOTED OlliERII1SE o CENTER SANITARY SEWER MANHOLE • 1/2' REBAR W1TH YELLOW PLASTIC CAP STAMPED "CORE 37555" EB CITY OF RENTON STANDARD MONUMENT STAMPED "CORE 37555" N.E. 8TH ST. 3 7.96S I I J J J I I I ~J "" !!II -, J J J I I I I 1_ ----------+.j Described by _ ••••• "."",,, ..• ,,,, ............ .. 4 N.E. 7TH CT. '"=50' F.~8ook - - DESCRIPTION OF INTERSECTION MARK Date. , .. JANlJMY. • .:1Q.Q~ .. , ........................................................... , ....... , ........... , ..• Type of new mark set .. , ~ilY. !!f.l.\mt.Qll.!lI!lP'p.qrp. M!!t:!JmI!lt:!L ...... ,., ................................ . Type of old mark found ............... , .................. , ................ , .. , ...... , .... , .................. , .. . Pqo Ila!c Made By , - . ... , ................... Comer Section .... \ ) .. 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CITY ENGINEER'S OFFICE $ RENTON, WASHINGTON MUNICIPAl BUILDING. 200 MILL AV' 'E SOUTH • RENTON, WASHINGTON 98055 • ~ '631 LEGEND MONUMENT TIES SKETCH REFERENCE TIES Ficld Book I'ago Dille Made By ;.: TACK 01< WASHER "CORE 37555" IN LEAD IN CONCRETE CURB UNLESS NOTED OTHERWISE' f...!!::'::::::""+'-:'::!:....-+--==--I--'::='--j EB CITY OF RENTON STANDARD MONUMENT STAMPED "CORE 37555" 31 15 ;.:'-1---- 1----,+---+---1----:----1" .' 12 13 ~;-1---+---1----+---1 14 1"a5D' 1---1---11---1---1 Described by " •••.•••. " •• "",, .......... " ....... .. DESCRIPTION OF INTERSECTION MARK Date. .... J.~A.J~,y' • .4P.Q, ..................................................................................... . .._, . ... " .... "." .. "" .. Comer Type of new mark set ... f:::ilY. p.f.~Ql1t.Qn 'slAAlllln\ Mp.t:l)lI1)!lt:lI .........•.................................. Section .... l ) ................ . 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MUNICIPAL BUILDING. 200 MILL AVE SOUTH' RENTON, WASHINGTON 98055 • 2: ,.--_31 __ -;:-;;;;;;:;;::;:;;:;;;;;-:;:;;;;;-___ 1 MONUMENT TIES SKETCH REFERENCE TIES LEGEND )( TACK I< WASHER "CORE 37555" IN LEAD IN CONCRETE CURB UNLESS NOTED OTHERWISE FieWIIook I'Igc Dale . ModeSy EB CITY OF RENTON STANDARD MONUMENT STAMPED ·CORE 37555" 16 )(i----- 11 - 31 15 \1~;'::t------ 12 / ,·c50 • Described by ............................................. . DESCRIPTION OF INTERSECTION MARK Dale. ... ).ANlJAAy'. ~(l.Q~ .................................................................................... . Type of new mark sel ... GilY. ~f.Rcml.(m .$)MAAr!! M~\I)ffil~\lI ........................................... . Type of old mark found ........................................................................................ . . ...................... Comer Section ... J J ................ . Township. j(~ ............... . Range ..... 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' .............................................................................................................. . , ...................................... , ..... , ......... , ..... , ........... -.... , .......... , ..... , ....... , ................. , ...... , ................. , .......... , .. . Printed: 04-12-2005 Payment Made: C::JTY OF RENTON 1055 S. Grady Way Renton,WA 98055 Land Use Actions RECEIPT Permit#: LUA05·049 04/12/2005 12:43 PM oeV~W~~WE~rrING APR "'22005 RECEIVED Receipt Number: R0501903 Total Payment: 1,000.00 Payee: Harbour 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 13485 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 I I I I I I I I I I I I I I I I I I I hfiHtffi WETLAND MITIGATION PLAN FALL 2008 PERFORMANCE MONITORING REPORT MAUREEN HIGHLANDS RENTON, WASHINGTON Prepared For: HARBOUR HOMES, INC. Federal Way, Washington Prepared By: , . TALASAEA CONSULTANTS, INC. Woodinville, Washington . . I ,. December 9, 2008 .. 1 I I I I I I I I I I I I I I I I I I I WETLAND MITIGATION PLAN FALL 2008 PERFORMANCE MONITORING REPORT MAUREEN HIGHLANDS RENTON, WASHINGTON Prepared for: Harbour Homes, Inc. 33400 9th Avenue South, Suite 120 Federal Way, WA 98003 Prepared by: Talasaea Consultants, Inc. 15020 Bear Creek Road N.E. Woodinville, Washington 98077 December 9,2008 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report TABLE OF CONTENTS Page 1.0 2.0 3.0 3.1 3.2 4.0 5.0 5.1 5.2 6.0 7.0 INTRODUCTION .............................................................................................. 1 PROJECT TIMEFRAME ................................................................................... 1 PERFORMANCE MONITORING RESULTS ..................................................... 1 Wildlife ............................................................................................................ 1 Hydrology and Water Quality ........................................................................... 1 PHOTOPOINTS ................................................................................................ 2 VEGETATION SAMPLING DATA ..................................................................... 2 Vegetation Success Criteria ............................................................................ 3 Vegetation Summary ....................................................................................... 3 MAINTENANCE ASSESSMENT AND RECOMMENDATIONS ........................ 5 PERFORMANCE MONITORING SUMMARy ................................................... 5 LIST OF FIGURES Figure 1: Vicinity Map Figure 2: Locations of Photo-points and Vegetation Sampling Plots LIST OF TABLES Table 1 -. Summary of Baseline Assessment Results (19 November 2004) ................... 2 Table 2-. Summary of Fall Performance Monitoring Results (4 October 2008) ............... 3 9 December 2008 Talasaea Consultants. Inc. 572M Fall 2008 ~Ionitoring Report DRAFT. doc Page i I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Moniloring Report 1.0 INTRODUCTION This performance monitoring report for the wetland mitigation areas at Maureen Highlands. located in Renton. Washington (Figure 1) is submitted in accordance with the approved Wetland Mitigation Plan dated 13 March 2003. This report summarizes the results of a site evaluation conducted on 4 October 2008. The purpose of this evaluation was to monitor the site 10 ensure the successful development of desirable wetland and buffer characleristics. 2.0 PROJECT TIMEFRAME The Maureen Highlands wetland mitigation areas were completed during the fall of 2004. Monitoring is required by the City of Renton for five years and will continue through the fall of 2009, or until success criteria are met. This season ends year four of the required five-year monitoring period. During the monitoring events, vegetation, hydrology, and wildlife will be evaluated. Maintenance reviews will also be conducted in the spring and fall, with a memo sent to the client after each visit outlining items requiring attention. 3.0 PERFORMANCE MONITORING RESULTS On 4 October 2008, we conducted the fall performance monitoring event for the Maureen Highlands mitigation areas. During our site visit, the mitigation areas appeared stable and healthy. In 2005, a year after installation, a large number of plants on site were replaced per the one-year contractor's guarantee. The plants that were installed have survived and have established on site. Willows and alders are establishing along the perimeters of the ponds. Emergent plants have established in the ponds and along the pond edges. In the drier portions of the site roses are growing and suckering and the evergreen trees have shown a significant amount of growth. In addition to these general observations, the performance monitoring included the following: • Wildlife: Observations of use by species of birds, mammals, reptiles, amphibians, and invertebrates were made Ihroughout the site. • Hydrology: Observations were made regarding soil saturation, erosion, and slope stability in the wetland areas. • Photo-points: The mitigation areas were photographed from four established locations (Figure 1) to depict present conditions (Appendix A). • Vegetation: Plant survival and area coverage were monitored within each plant community at three permanent vegetation sampling locations depicted on Figure 2. • Maintenance: Items or conditions that may interrupt wetland and buffer conditions or wildlife use were identified. 3.1 Wildlife Wildlife observations recorded in the mitigation areas during our recent and previous site visits included the following species: Pacific chorus frog, wooly bear caterpillar, red-tailed hawk was heard, marsh wren, Steller's jay, American robin, American crow and mallard. Due to the secretive nature of most wildlife, the probability of additional unobserved species is high. As the vegetation grows and matures, it is expected that additional wildlife species will be attracted to the site. 3.2 Hydrology and Water Quality At the time of the site review, in the beginning of October. there was no water in either of the wetland ponds. This is probably due to the extremely dry six weeks just prior to our site review. By November though. both of the wetland ponds contained water at the time of our follow up 9 December 2008 Talasaea Consultants, Inc. 572M Fall 2008 ~Ionitoring Report DRAFT.doc Page 1 I I I I I I I I I I I I I I I I I I I SOURCE. MAPQlJEST DEC.. 2008 DRIVIN§ DIREC.TIONS, I) FROM KIRKLAND TAKE 1-405 SOUTH. 2) ~HEN YOU SET TO RENTON TAKE EXIT #4 3) FROM THE OFF-RAMP TAKE A RleHT ONTO eRANDEY ~y NE AND PASS UNDER THE FREE~Y. 4) eRANDEY ~Y NE ~ILL TURN INTO SUNSET BLVD AFTER PASSIN§ UNDER 1-405. 5) WNTINUE SOUTH ON SUNSET BLVD. N TO NE 3RD STREET AND TURN RleHT ONTO NE 3RD ST. 6) NE 3RD ST. BEC.OMES NE 4TH STREET. C.ONTINUE EAST ON NE 4TH STREET. -$ 1) NE 4TH ST. BEWMES SE 128TH ST. 8) THE PROJEC.T SITE IS ON THE LEFT AT THE NORTH HEST WRNER OF SE 128TH ST. AND 155TH AVE. SE. eTALASAEA CONSULTANTS, LLC Re&Ol)rG~ • Environmental Ploonlng 1!I010 Be"" Ue"", Road Nortn.~l eu. ~7!II~is~~~~':(:~~;bl-15~ FleuRE I. Loc.atlon Map Maureen Highlands Renton. ~5hlngton North © c.oplfight -Tolo50eo c.o~ltant5 I I I I I II I' I I I I I I I I I I I ~ I ll; I i» '< • ,fT] \ \ \I/' 'I f '_.- J / ~ MITISATION AREA 2 ((j)TALASAEA CONSULTANTS, INC. Resource &I: E.nviromnental Planning 15020 Beu" Creek Road Sortheam. lJaodin.tUe. lJ~ .. iBOn Bus (425) eet-7S50 -Pal< (4ZS) 881-75.(.8 , PLAN LESENt:> --, -' -, -, -AS-BJIL T WETlAND BOUNDARY ---=----EXISTINe GOKTaJR "" AS-BUIL T GOHTaJR -----AS-BUILT GML GOKTaJR * ~~ 5NA6 WITH BIRD NEST BOX HABITAT FEAlIJRES (doHn logs. 5~. root;Ws) ~ EXISTINe VE6ErATION ~ PHOTOPOIHT t.a;ATION FF-# I IVE6ETATION STAMPLINe 1RAN5EGT t.a;ATION VST-# o FI6URE 2, Ftlotopolnt, Vegetation sampling Transects Baseline As5essment Maureen HIghlands Renton, Hashlngton NORm ffi © Copyright ~ Talasaea Consultants, Inc. I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report visit. Several wetland grasses, including rushes and sedges were found becoming well established throughout the mitigation area. These included cattails (Typha latifolia), soft rush (Juncus effusus), red fescue (Festuca rubra) and soft-stemmed bulrush (Scirpus validus). The abundance of obligate emergent species and the presence of water in the ponds assure us that the created and enhanced wetland ponds are performing as designed. 4.0 PHOTOPOINTS A series of photographs representing panoramic views of the mitigation areas were taken at four locations established during the baseline assessment (Figure 2). Photographs will continue to be taken during each scheduled monitoring event. These photographs document general appearance and plant establishment throughout the site, as well as providing a qualitative representation of the success of the wetland mitigation areas. Additional photographs of unique features were also taken, illustrating various aspects of the mitigation areas. The photographs in Appendix A depict the wetland mitigation areas at the time of the fall performance monitoring event. 5.0 VEGETATION SAMPLING DATA Three permanent transects, 50-feet long and ten-feet wide were established during the baseline assessment within the wetland mitigation areas. Trees, shrubs, and herbaceous vegetation were evaluated within each location. Percent area cover for shrubs and trees was evaluated through the use of line-intercept sampling methodology at each transect location. A tape measure was extended between two permanent markers. Shrubs and trees intercepting the plane of the tape measure were identified and the intercept distance was recorded. Percent cover by species was then calculated by adding the intercept distances and expressed as a total proportion of the tape length. Herbaceous vegetation coverage was visually estimated in the sampling transects. The established vegetation transect locations will continue to be monitored during each performance monitoring event to aid in determining the success of plant establishment. Tables 1 and 2 summarize the percent cover and percent survival of plants at each sampling location during the baseline assessment (2004) and this falls performance monitoring event (2008). Table 1 -. Summary of Baseline Assessment Results (19 November 2004) VST·1 0.4 o VST·2 0.8 4 100 o VST·3 4.6 6 86 o Average 1.9 3.3 95 0 Required" 80 80 85 <20% of total area • NOXIOUS weed species. as defined by the King County NoxIous Weed List. are not Included. "Success criteria required by the City of Renton by the end of the 5-year performance monitoring period. 9 December 2008 Talasaea Consultants, Inc. 572M Fall 2008 ~tonitoring Report DRAFT.doc Page 2 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report Table 2·. Summary of Fall Performance Monitoring Results (4 October 2008) VST·1 33 100 121 1% (Himalayan bb) VST·2 57 100 66 10% (Reed canarygrass) VST·3 12 98 104 1% (Himalayan bb) Average 34 99 97 4 Required** 80 80 85 <20% of total area • NOXIOUS weed species. as defined by the King County NoxIous Weed list, are not included. "Success criteria required by the City of Renton by the end of the 5-year performance monitoring period. 5.1 Vegetation Success Criteria The established vegetation sampling transects will continue to be monitored during each performance monitoring event to aid in determining the success of plant establishment. Following are the success criteria to be met by the end of the five-year monitoring period: • 85% survival rate of all planted trees and shrubs by the end of the fifth year, or at least 80% cover of native planted or recolonized woody species. All plant mortality occurring within the first year will be replaced per the contractor's one· year plant guarantee (completed in 2005). • Success for herbaceous species will be based on an 80% cover of desirable plant species by the end of the five·year monitoring period. • <20% total cover of all noxious weed species, as defined by the King County Noxious Weed List, within the wetland mitigation areas. 5.2 Vegetation Summary The majority of the installed woody plant material appears healthy. In the vegetation sampling locations, percent survival averaged 97 percent, significantly above the level of the required success criteria. The increase in survival can be attributed to the volunteer recruitments of native woody species in both Mitigation Areas 1 and 2. Percent cover throughout the site averaged 34 percent for the fall performance monitoring event. This is an 8 percent decrease from the previous year's recorded coverage. We attribute this decrease to several factors. Along transect 1 many of the willows were broken and on the ground. We assume a branch or small tree fell onto the willows or that they were broken by vandalism. We observed new shoots coming up from the broken willow stumps which will increase the percent coverage for this transect next year. Along transect three many plants died and were replaced in 2005. The replacement plants are doing well and the roses are sending out suckers thereby increasing the coverage and densities in these areas. In the spring, if the third transect continues to have a low percent coverage, we will consider supplemental plantings in this area. Overall, the coverage on the site is doing well. We thoroughly walked the entire mitigation area and we visually estimated that the coverage averaged at least 50 percent, possibly more. Desirable wetland herbaceous species are establishing well throughout both Mitigation Areas 1 and 2. Wetland grasses, including rushes and sedges were found becoming well established throughout Mitigation Area 1. These included cattails, soft rush, red fescue and hard·stemmed bulrush. Large clumps of soft rush were observed throughout Mitigation Area 2. The 9 December 2008 Talasasa Consultants, Inc. 572M Fall 2008 Monitoring Report DRAFT.doc Page 3 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Moniloring Report herbaceous cover was visually estimated in the plant transects, and averaged 99 percent coverage. Himalayan blackberry (Rubus discolor) and reed canarygrass (Phalaris arundinaeea) are present in Mitigation Area 1. Noxious weed coverage was measured at 4 percent which is below the City of Renton allowed 20 percent. During our maintenance review, we found a large clump of reed canarygrass present on the site. The maintenance contractor mowed the grass down and willow stakes were installed this fall. We believe the willow stakes will do well in this area, and eventually shade out the reed canarygrass. 5.3 Natural plant recruitment Per the City of Renton's request, we have included the following discussion concerning natural plant recruitment and species mortality rates in the wetland buffer mitigation area. Data from each transect is analyzed to obtain a conclusion on the overall health and progress of the Maureen Highlands wetland mitigation area. During the fall performance monitoring event, observations were made regarding the native species that are adapting well to the site conditions. As the site progresses and matures over time, natural species selection will occur. Some plant species will adapt and flourish, efficiently utilizing the available biological resources. In contrast, other native plant species do not adapt and do not become established because they are not well suited to this sites habitat. The evolution of the mitigation site is comparable to natural ecological succession and both plant colonization and mortality can be expected to some degree. There are a number of ways these native woody species have increased in number, through proliferation by existing and installed plants or colonization through seed dispersal from area trees and shrubs. We also noted the species that are not adapting well to the site conditions. The following is a summary of observations made regarding species survival rates and volunteer species in each transect evaluated. • Transect 1: The 121 percent woody survival rate in Transect 1 is a reflection of the 32 volunteer plants in this area. Black cottonwood (Populus balsamiera var. trichoearpa), red alder (Alnus rubra), and Scouler's willow (Salix seouleriana) were found colonizing the transect area. These all propagate through aerial seed dispersal. Of the 61 plants originally counted in the transect location 19 plants have died. This is a 31 % mortality rate for this transect. • Transect 2: The plants colonizing in Transect 2 are similar to those in Transect 1. This is likely due to the similarities in soil and hydrological conditions and sun exposure. Here black cottonwood. red alder, Scouler's willow and red-osier dogwood are volunteering. Of the 53 plants initially tallied in this area, 18 have died, which is only a 34% mortality rate. The woody species survival rate was 66% can be attributed to the 40 new plants counted during the fall monitoring event. The plants unaccounted for include: 18 willows, seven red-osier dogwoods, and one Pacific willow (Salix lasiandra). • Transect 3: The plants reproducing in Transect 3 include: Douglas spirea (Spiraea douglassii), Tall Oregon-grape (Mahonia nervosa) and Nootka rose (Rosa nutkana). These plants propagate two ways, horizontal roots of a parent plant sprout young plants (called "suckering") or by animal seed dispersal. The way in which these particular plants reproduced is probably a combination of both these methods. A total of 13 new plants were counted in this transect. The number of new plant recruitments balances out 9 December 2008 Talasaea Consultants. Inc. 572M Fall 2008 Monitoring Report DRAFT.doc Page 4 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report the 9 red-osier dogwood and one Douglas fir not accounted for, resulting in a 104% woody survival rate for this transect. After evaluating the transect data to analyze the survival and colonization rates, we have come to the conclusion that plant recruitment and mortality can be credited to the site slowly becoming naturalized. Over time, certain species more suited to the site conditions will understandably, perform better. Other species may not perform as expected due to a variety of reasons. These may include competition among woody plants and with herbaceous vegetation, poor adaptability to the biological resources available on site, improper planting technique, or damage due to wildlife browsing. As there is no overall pattern that developed regarding the species of plants that did not survive; we cannot develop a conclusive argument concerning the reason behind this plant mortality. Our belief is that this wetland mitigation area will continue to establish, mature and provide enhanced ecological functions to the adjacent wetland areas. 6.0 MAINTENANCE ASSESSMENT AND RECOMMENDATIONS During the fall performance monitoring event, a review of all necessary maintenance issues was performed. The following is a summary of those maintenance items provided to the client: • Remove garbage and debris located within the mitigation areas and dispose off site. • Control reed canarygrass through removal and staking large patches with willow cuttings. • Remove Himalayan and evergreen blackberries on the mitigation site. • Refresh, weed, or replace mulch rings throughout both mitigation areas. • Thin red alder stands, particularly along the shoreline of the southern pond. This will allow other species to continue to flourish and increase species diversity. General maintenance was performed according to our Maintenance Specifications and Guidelines (Appendix 8). It is expected that regular maintenance will be required to ensure plant survival and project success. 7.0 PERFORMANCE MONITORING SUMMARY The fall performance monitoring for the mitigation areas at the Maureen Highlands site was conducted to record the health and growth of the vegetation, to ensure that proper hydrological conditions exist in the mitigation areas, and to evaluate wildlife usage of the site. A diverse collection of woody and herbaceous vegetation was observed in the mitigation areas. Plant survival within Mitigation Areas 1 and 2 averaged 97 percent. The high survival can be attributed to the prolific growth of planted native species and recruitment by volunteers. Nootka rose, red-osier dogwood, Scouler's willow, black cottonwood, and red alder are the species that are performing particularly well at this site. Although the percent woody coverage is somewhat low this year we expect the plants to continue to grow and sucker. If we are not able to boost the percent woody coverage by the spring supplemental plantings will be encouraged. The vegetation around the ponds is growing very well and the buffers are starting to establish. Wildlife species were not observed during the fall performance monitoring event due to strong winds. Observed evidence of wildlife use included: duck scat, coyote scat, and trails created by small mammals. Wildlife usage is expected to increase as vegetation continues to mature. 9 December 2008 Talasaea Consultants, Inc. 572M Fall 2008 Monitoring Report DRAFT.doc Page 5 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report Most of the installed plant material is healthy and is expected to continue to thrive in the mitigation areas. Productive colonization by desirable native species will continue to improve habitat quality and species diversity as the site matures. We expect that the mitigation areas will provide increased ecological value to the adjacent wetland ecosystems. 9 December 2008 Talasaea Consultants, Inc. 572M Fall 2008 ~Ionitoring Report DRAFT.doc Page 6 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report APPENDIX A Fall 2008 Performance Monitoring Photographs (4 October 2008) 9 December 2008 Talasaea Consultants, Inc. 572M Fall 2008 ~Ionitoring Report DRAFT.doc Appendix A I I I I I I I I I PHOTOPOINT #1 I I I I I I I PHOTOPOINT #2 I I I I I t~ It' ,." e TALASAEA CONSULTANTS, INC. R W ... "'~~ 15020 Bear Creek Road Northeast YOCJC!hl.vill",. 1J~ 98077 Bus (425)861-7550 -FlU: (42!5)36t-7S49 Fl6URE #1 PtIOTOPOII'fTS #I « 2 MAUREEN HIG1-1LAND5 RENTON, WASHINGTON DBSIGN sc.u.x N.TS. DAn! 10-10-08 1il!VlSI!Il pnomcr 5,2M Copyright -Talasaea Consultants, INC. I I I I I I I I I I I I I I I I I I I 1/ I ........ ..." PHOTOPOINT #9 I PHOTOPOINT #4- e -15020 Bear Creek Road Northeast Woodinville. Wuhin&ton 98077 Bus (425)881-7550 -Fa% (425)881-75-49 FISURE #2 PHOTOPOINTS 113 4 4 MAUREEN HI6HLAND5 RENTON, WASHINeTON DBSIGN SCALB N.TS. DAl'I! 10-10-08 J<KV ""'" '~'''~"''''-'n",~C .:;"~Z'.~m ""'Q""' --%'1"" A :-/,.,,",,", PIIOJBCT S,2M CoPyriiht -Talasaea Consultants. INC. I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report APPENDIX B Maintenance Specifications and Guidelines 9 December 2008 Talasaea Consultants. Inc. 572M Fall 2008 ~Ionitoring Report DRAFT. doc I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report 1.0 MAINTENANCE PLAN Maintenance will be conducted on a routine, year-round basis. Additional maintenance needs will be identified and addressed following each biannual monitoring event. The project will be evaluated by comparing the monitoring results to the established performance standards. This will ensure that success criteria are achieved at or before the end of the monitoring period. Maintenance and remedial action on the site will be implemented in accordance with City of Renton maintenance standards and the following plan. Contingency measures, as defined below in Section 1.2, will be implemented if performance standards are not being met. The maintenance plan contains the following: maintenance schedule, contingency items, control of noxious weeds, irrigation. and general maintenance items. 1.1 Maintenance Schedute Noxious weed control, irrigation, and general maintenance should occur on a regular, routine basis according to Table 1.0. These tasks are in addition to the maintenance reviews conducted by Talasaea Consultants. Table 1 0 Maintenance Schedule Guidelines Maintenance Item Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Noxious Weed 1 1 1 1 1 1 1 1 1 1 Control Irrication 2006 2 4 4 4 2 General 1 1 1 1 1 1 1 1 1 1 1 1 Maintenance 1-8-number of times task should be performed per month 1.2 Contingency Items Replace Dead Plants -The Maintenance Contractor should replace dead plants with the same species or a substitute species approved by Talasaea Consultants that meet the goals and objectives of the mitigation plan. Replanting -The Maintenance Contractor should replant areas after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Areas will be replanted with an approved species or a substitute species that meet the goals and objectives of the mitigation plan. Replacement plantings should follow the details and specifications on the approved mitigation plan. 1.3 Control of Noxious Weeds Routine removal and control of non-native and other noxious weeds needs to be performed by manual or chemical means approved by the City of Renton. Undesirable and weedy exotic plant species need to be maintained at levels below 20% total cover in any given stratum. To avoid corrective measures, bondholders will be encouraged to maintain mitigation sites within these standards throughout the monitoring period. Following are specific recommendations for the removal of reed canarygrass and blackberries. All other noxious weeds such as Scot's broom, purple loosestrife, and nightshade should be grubbed out. Himalayan Blackberry Control -Small patches need to be grubbed out. Large areas need to be cut down. As new shoots (approx. 6" in height) reappear, they can be spot-sprayed with a high dose of Rodeo (concentrate). 9 December 2008 Talasaea Consultants. Inc. 572M Fall 2008 Monitoring Report DRAFT. doc I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Moniloring Report Reed Canarygrass Control -Patches 3' x 3' or smaller need to be grubbed out. Patches greater than 3'x 3' should be either staked with cuttings or sprayed (see Staking Specifications and Staking List below). A walk through will be conducted with the Maintenance Contractor and Talasaea Consultants to determine the site-specific treatments to be used. Staking of new patches should be integrated into the standard maintenance procedures for designated staking areas. Selective spraying with Rodeo will be used only in designated spray areas. Spraying should be done at a time when a dry week of weather is predicted (with City approval only). 1,4 trrigation Watering -The Maintenance Contractor should water with a temporary aboveground irrigation system from June 15 through October 15. During the first year after installation, irrigation should be at a rate of 1/2" of water twice a week. During the second year after installation, irrigation should be at a rate of 1/2" of water once a week. However, if more than 1 0% of plant replacement occurs, watering rates should be maintained at a rate of 1/2" of water twice a week for the duration of the monitoring period. 1.5 Generat Maintenance Items Debris Removal -The Maintenance Contractor should remove all trash and other debris on a regular basis. Erosion and Drainage Problems -Erosion and drainage problems (e.g., bank or berm slumps, pond leaks, overflow spillways clogs, etc.), which occur, should be corrected by the Maintenance Contractor as required. Foraging and Browsing -The Maintenance Contractor should implement control and prevention measures to prevent damage of planted material by browsing of wildlife (e.g., deer, rodents, and rabbits). Maintenance of Trees and Shrubs -Routine maintenance of trees and shrubs should be performed. These measures include: maintaining mulch rings, tightening and repair of tree stakes and resetting plants to proper grades and upright positions. With the approval of Talasaea Consultants, the Maintenance Contractor should remove all tree stakes after the first growing season to prevent girdling of staked plant material. Pruning of Woody Plants -Woody plants should only be pruned at the direction of Talasaea Consultants. Silt Fence Removal -With the approval of Talasaea Consultants, silt fences should be removed one year after the County has approved the mitigation construction, and the area should be restored by hand seeding (see plant schedule for seed mixes), if needed. Vegetation Control -Mitigation areas are not intended to be maintained like traditional landscaping. Grasses and other herbaceolls vegetation should be controlled only at the direction of Talasaea Consultants. Grasses and herbs should be allowed to grow tall, providing habitat for small mammals. Mechanized devices such as mowers and weed whackers should not be used unless specifically allowed by Talasaea Consultants. 9 December 2008 Talasaea Consultants, Inc. 572M Fall 2008 Monitoring Report DRAFT.doc First Am'erican Title Insurance Company iRSnohomish Co. i!1< King Co. iR Pierce Co. iR Thurston Co. iR Kitsnp Co. iRMason Co. iR Yakima Co. iR Conies 0+ Document~EVELOPMEtffe~~ING .t-' 'J CITY OF REI''' '" . APR n 2005 RECENEO i i J t ':CUi::UU4 =-::::=;;:;;: • . ...... CERTIFICATE WIlEN RECORrlEO RETURN 10: I, the U~:;~Tsigned, ~ Clerk of the City of Renlon, Wa:;hlngton, certify that this Is a true Office of thl!' dr~·l..bk Renton Munid;.·~1 building 200 M~\'cn\Jt! South Ron",~VA ~1I08':l '" ;H .• ,~ and correct copy u~,....z.Q"j",-~~~ __ _ Q ~ k:'.: :,:~::: : :; ..... . ,.j' S~d~dS~~~~~~: ::: ~ .~ ~- " .. c; C"::» I~.: --_ ;:.. -=.--CITY o~ RBNTO~, WASHINGTON ,.;., ORDINANCB NO. 4612 Ali ORDINANCE OF 'l'BB CITY OF REN'I'OB, WABHDrG'l'Olf, BBTABLIIIHDIQ Alf lIBSBSIIIIJDr.L' DISTRICT POR SAIIII'lAKY SBIIKR SBlIVICS m A POlI!l'l:ON 011' 'l'BE SOIl'1'll BIGllLANDS, BBATBBIl Doms, AliD WU1LBWOOD SUB-BASINS AliD BSTABLISBlliIG TlIB AI5OUN'r OJ' :nIB CHlIRGB UPON CONNECTION TO TaB I7ACILITIBS. TllB CITY COUNCIL OP THE CITY OP RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SBCTION I. There i8 hereby created a Sanitary Sewer Service· Special Aesessment Distr~ct for the area served by. the Bast Renton Sanitary Sewer Intercepto~ in tha northeast quadrant of the City of Renton and a portion of its urban growth area within unincorporated King County, which area is more particularly described in Exhibit "AM attached hereto. A map of the eervice area is attached as Exhibit "B.· The recording ot 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 [Jold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SBC'lION II , Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties ~ Ell II: --ij " l5 ~ >< ~ ill! ~ i ij ~ ; ;;; I is I ! ! I , I , ! I ·t. , have not been charged or assessed with all costs of the East Renton 'r)· ",'r,t. Sanitary Sewer Interceptor, ~s detailed in this ordinance, shall .,~ . ~- pay, in addition to the payme~~ of the connection permit fee and in ·· .. :i·: addition to the system develop~ent charge, the following additional fees: A. Per unit Chat'ge. Ne~ cOIUlections 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 Bxhibit ~An and which boundary is shown on the'm2.p attaChed as BXhibit "B.' BReTtQH III. In addition to· the aforestated charges, there shall be a charge of 4.11\ per. aIUlum added to the Per Unit Charge. The _ interest charge shall acC'rue for no more than ten (10) years from the date this ordinance-,'becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance shall be effe,ctive upon its passage, approval, and thirty (30) days after publication'. PASSED BY THE ,CITY COUNCIL this'~ day of __ ~J~u~n~e~ ____ + 1996. City Clerk 2 I I , I I I I.'· ...... _i :t( , APPROVED BY THE MAYOR , . thfs 10th day of ~~:,:i- __ J_u_n_e ___________ • 1996. ,',' ~~~ ... ~ -Je6~anner, Mayor APp~ove as to form, .' .. ~~N ......... .:z.·_ . ~ ... I • Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 , . ORD.576:5/20/96:as. 3 ,/4W ....... qjj ,;;;a ) ., .';}~t . ,~t; .~ ,~: .~ ". <1, Exhl bit A .,l} LEGAL DESCRIPTION 'THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR . t.lJ '" ,.:~\ Portions ofSectlons a. 9. lO. lif~4. 15. 16. 17.21 and 22 all In Townshlp 23N. Range 5E W.M. In King County •. Washington '. ~ . . ':'.' .-,\ Section 8, Township 23N, Range 5~ W.M. ,,:t . All of that portion of Section a.Townshlp 23N. Range 5E W.M. lY1III! East of the East right-or-way line or SR-405and South of the following descr1bed1ine: Beginning at the intersection of the East line of said Sectlon 8 with the centerline of NE 7th Street: thence Westerly along said centerline of NE 7th Street to its intersection with the centerline' or Sunset Boulevard NE; thence Northerly nlong the centerline of Sunset Boulevard NE to the North line of the Southeast \4 of said Section 8; thence West along saJd North line to the East right-of-way line of SR-405 and the terminus of saJd.line . . SectIon 9, Township 23N, Range 5E W.M. All of that portion of Section 9, Township 23N. Range 5E W.M.lylng South and East of the following described line: . BegInning on the centerline ofNE 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 centerl.lne of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast \4 of saJd Section 9; thence East nlong said South line to Its Intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its Intersection with the centerline of NE 10th Street: thence East along said centerline to the East line of saJd Section 9 and the terminus of said line. SectIon 10, Township 23N, Range5E W.M. All of that portion of Section 10. Townshlp 23N. Range 5E W.M. lying Southerly and Westerly of the following descrtbed line: BegInn1ng on the West line of Section 10 at its intersection with the North line of the South \.? of the North \.? of said Section 1 0; thence East along said North line to Its Intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its Intersection with the North line .of the Southeast \4 of said Section 10; thence East along said North line to its intersection with the East line of said Section 10 and the tennJnus of said line. I I l ! i ! I ! i I I I I ,"_cw Ii ~,~Yf:~ Section 11, Township 23N, Ranli~:~E W.M. . :~?~;;, '-;'"",\ f All of the Southwest 1;4 of Section',11. Township 23N. Range 5E W.M.. ·:<~t~ . . , .'. PaKe 2 0/3 Section 14, Township 23N, R8n!itl.~E W.M. All of that portion of Sectioni~I' Township 23N. Range SE. W.M. descr1bed as follows: . ." • . : ,) All of the Northwest 1;4 of Said"$ectlon. together with the Southwest 1;4 of said section, except the South Ih of'tlie Southeast 1;4 of Baid Southwest 1;4 and except the plat of Mcintire Homesltes ai:id Ih of streets adjacent as recorded In the Book ,of Plats. Volume 58. Page 82. ~rds of King County. Washington. and except 'the South 151.55 feet o(the East 239.43S feet of Tract 6. Block 1 of Cedar River Five Al::.re Tracts as recorded in the Book of Plats. Volume 16, Page 52. necords of King County. Washington. less' 11.1 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 Ih of the street adjacent to said TractS. Block 2. and except the South 82.785 feet of . the East 150 feet of Tract 5. Blrick 2 of said Cedar River FIve Acre Tracts and Jess 11.1 the street adjacent to said portion of'lrnct 5. Block 2. Section 15, Township 23N, Range5E W.M. All of thal portlon of SectiOn .15. Township 23N. Range SE. W.M., except the Southwest 1;4 of the Southwest W of the Southwest ~ of said section. .. :~.:::, Section 16, Township 23N, Rang~'SE W.M. ' .. ;' All tif that portion of Section JI3. Township 23N. Range 5E W.M .• except that portion of the Southeast 1;4 of the Southeast 1;4 of the saki SectIon 16 lying East of the East Une of the Plat of Maplewood Division No.2 as recorded In the Book of Plats Volume 39. page 39. Reco'rcls of KIng County Washington and its Northerly extension to the North line of.88.id Southeast 1;4 of the Southeast \4 of the said Section 16 and except that portlon of said section lying Southerly of the Northerly right-of-way line ofSR-169 (Maple Valley HIghway). ,. SectIon 17, Township 23N, Ran~,5E W.M. All of that portion of Sectlotl 17. Township 23N. Range SE W.M.. lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway) and Easterly of the East dght-of-way line of SR-405 less that portion \yIng generally West of the East and Southeasterly line of Bronson Way NE JyIng • , ; I I I I , i ...... " .. :,,;;~:;,~ '.;.,. ;;.:~ ')~; Legal Description of the SpedIII ~ District for the City of Renton -East Renton iruuceptar '~·;S:1'· Page3of3 between the South line of the Nlli· 3rd Street and the Northeasterly margin of SR- 405 ~I • ,i.'h·" ,~, Section 21, Township 23N, Range.',i;E W.M. All that portion of Section 2d~hlP 23N. R 5E W.M. lying Northeasterly of the Northeasterly rlght-of-waylliii! of SR· 1 69 (Maple Valley ffighway) and West of the East line of the Plat of Mapft!w0od DMslon No. 2 as recorded In the Book of Plats. volume 39. page 39. RecQ~s of KIng County. Washington. ,:.i:.I:' . ..... . '(!"';!~ :;!;i.i"j' -:\-., ''j,W' )~ectlon 22, Township 23N, Ran9!:J6E W.M. f j: ~;< All of that portion of Sectlon :~~, Township 23N. Range 5E W.M. described as follows' "'1' • )!:~""} 'l/> All of the Northwest J,4 of the N'i:!t::theast \/.! of sald Section 22 lying Northerly of the Southerly line of the Plat of MiipJewoo~ Helghts as recorded In the Book of Plats. volume 78. pages 1 through 4;,~cords of KIng County. Washington. . '~:/i'~ . . Together with the North 227. It feet DC the West 97.02 of the Northeast J,4 of the Northeast J,4 of sald Section 22:;, . ,. ' .. '" .'\" " '. I ! I i i I I I ... • P.'" ............ ,. .... Qua.. L.L ::: :~~: .. ,~ .. .. , Exhibit B EAST' INTERCEPTOR Special As!.!,'Ssmelrtt District Boundary I I 2000 1:24,000 ______ CIty Umit. IZT...T-ZJ Special AII_ent 0Is1rid 20031218000676.001 .; This II1strument prepared by and aftar recording raturn to TERI D. SEPBRSTROM U.S. BANK N.A. 11111111111 L-.,~~:::.-::.::-_~1800057 6 888. COLLATERAL PRPARTMENT .P. O. BOX 530B PORTLAND OR 9722B·530a 0608767574 WASHINGTON DEED OF TRUST, SECURITY AGREEMENT 11/.111.1\ AND ASSIGNMENT OF RENTS AND LEASES g.)V (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) Grantor(s) HARBOUR HOMBS. INC. FIRST AMERICAN dill" I Grantees u,s. BANK "fA., AD Beneficiary U.S. BANK TRtlS!.LC.OMPANX. R,A.! AR TruQton Legat Descrrpllon LOTS 1· 6. .. 0 ·4 5. 64 ·72 , MAt!!!BEN HIGHLAND",S~. -"V"'" ... lumlllll .. A_2 ... 1 ... a .... , _p",a"'SOIJDIUJ! a .. ),-_ 61·67, 20031124001221. :-_--:--=--:::-~-:--~:-:-----:-:-~:__---------(Addltlonel on page 2) Assossor's Tox Paroet or Account Number"'1"'1"'a"'3"'O"'S"'9 ... 0"'O .. 1,,0 ... S _________________ _ Reference Number of documents assigned or reteased NOT APPLICABLE ThiS Washington Dead 01 Trust. Sacunty Agreement and AsSignment of Rents and Leases(tnctudlng FIXture F~lng Undar Unllorm Commercrnt Codo) ('Doed 01 Trust ') IS mede and entered Into by the underSigned borrower(s), guarantor(s) and/or othar obllgor(s)/pladgor(s) (collectlvolytha 'Grantof) In favor of u, s, BANK 'tRUST COMPl\NY, N.A. ,having a mailing addras5!l!1i SN OAK, POR'l'LAND, OR 972 ° 4 (the 'Trustea'), for the boneflt of u. s, BANK N,A. (tho 'Benellclary'), as altha dato setforth below ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1 1 Orant of Deed 01 Trust/Security Interest IN CONSIDERATIONOF FIVE DOLLARS ($5 00) cash 111 hand paid by the Trustee to tho Gmntor, and the hnancrnl accommodations from the Benehclary to tha Grantor as doscnbod batow, the Grontorhas bergalnod, sold, conveyed and conllrmed, and hereby bargainS, sefts, conveys and confirms, unto Truslee,rts successors and assigns, lor Iha .beneht of tha Beneflclery, Ihe Mortgaged Proparty (defined below) to •• cure an of Ihe Granlor's ObhgallOns (defined below) to the BenefiCiary The Intent 01 the partlas herelo IS Ihel Ihe Mortgaged Property secures all Obligations of the Grantor to the Benoflclary, whathar now or heroaftor eXl81,ng, between Ihe Gmnlor and Ihe BenoflClaryor In lavor 01 Ihe BenellClary, including, Wlthoul tlmrtatlon, the Note (as herein defined) and, excepi as otherwlso spocdlcallv proVlded herein, any loan agreement, guamnfy, mortgege, trust deed, lease or other agreement, document or Inslrument, whether or not enumeratod herein, whICh speCifically eVidences or secures any 01 the II1deblodness OVIdenced by tho Note (togelher and IndlVldually, the 'Loan Document .. ) The parties lurther II110nd that thiS Dead of Trust shall oparate as a securrty agreemantwrth respactto thoso portions 01 Ihe Mortgagad Proporty which are sub,eci to Artlclo 9 of the Uniform CommerCial Code 1,2 'MortgagodProparty"means all of tho fonowlng, whelhernow owned or aXlsllng or heroalteracqulred by the Grantor, wherevar located all tho roel ostate descllbed bolow or In Exhibit A anached hereto (the 'Loner), together With all bUildings, slructures, standing timber, Ilmbor to be cut, IlXlures, oqulpment, Invenlory and furnishings used In connochon With the Land and Improvemenls, an malano"', contracts, draWings and personat property relallng to any construchon on the Lend, and aft olhor Improvemente now or heraallerconstructed, affixed or localed thereon (Iho 'tmprovemont .. ) (the Land and tho Improvements collectively the 'Premises'), TOGETHER With any and aft easamants,rrghts·ol·waY,lIcenses, pllvllegas, and appurtonancastharelo, and any and all taasesor othor agreements for tho use or occupancy of the Premlsos, an tha renls, Issues, proilis or any proceods tharafrom and all secullty deposlls end any guaranty 01 a tenant's obligations thoreunder (collocllvely Iho 'Rents"), all awards as a resull 01 t7t40WA C.'bB""",p2001 St Page 1 ol9 Ml3 , , 20031218000676.002 , , condemnallon. emlnenl domain or olher decrease In value ollhe Premises and all Insurance and olher proceeds 01 Iho Premises The Land IS descnbed as lollows (or In Exhlbrt A herelo Illhe descrlpllon does nolappear below) See Attached Rxhibit A 1 3 'ObhgallonS" means all loans by Iha Benellclarylo HARBOUR HOMES, INC, _-:-::-:-7:"::-______________ 'ncludlng Ihose loons eVidenced by a nolo or noles daled 12/16/03 , In Ihe Inillal prinCipal amounl(s)of $5,022,000.00 , , and eny eldenslons, renewals, reslalemenlsand modlflcallona Ihareol and all pnnclpal, Interest, fees and expenses relallng therelo (Iho 'Noto'), and also means alilhe Gmnlor's debls, hablhlles, obllgallons, covenants, warranlles,and dulles to Ihe 8enehc18ry, whelher now or here_flerexlsllng or Incurred, whelher IIqUldaled or unllqUldaled, whelher absolute or conllngent, which anse oul of tho Loan Oocumenls, and pnnclpal, Interest, fees, expenses and chargee relallng to any of Ihe foregOing, Including, wllhoul hmllallon, coals and expens.s of collecllon and enforcemenl 0' IhlS Daad 01 Trual, end allomeys' fees of bOlh Inside and oUlslde counsel Tho Inleraal rale and maturlly of such Obllgallons are as doscrlbed In Ihe documents creallng Iho Indobledness secured hereby 1.4 Homestead. The Premlse .. s __ ..;;a"r;;;e~n~0il't,-___ Iha homeslead of Ihe Grantor If so, Ihe Granlor (nra)(aro noi) roieases and waives all nghts undar and by virtue of Ihe homeslead axempllon laws of Ihe Siale of Washlnglon 1.5 DODd of Trust Socures Commarclal Loan The Granlor and the Benaflcl8ry hereby agree Ihal Ihe Obllgallons secured by thiS Deed of Trust conslrtulo a commerCial loan and are not made pnmanly for personal, family or household purposes 1 6 Mortgaged Proporty Not Agricultural Property. The Grantor hereby represenls and warrants Ihat Ihe Mortgaged Property 18 nOI used pnmarlly for agncutlurai purposos 1.7 Deed 01 Trust 0008 Not Secure EnvlronmentallndemnilloB. Nolwllhslandlng anylhlng to the conlrary set lorth horeln or In any olher Loan Document, thiS Deed of Trust shall not secure Ihe obbgalJons of the Grantor or any olher obbgor undor Ihat certain Unsecured Real Estals Envoronmenlal'ndemnJIy dated as of even dale hereWith made by Ihe Granlonn favor ollho 8eneflclsry(lhe 'EnvlronmentalindamnJIy Agreement) or the subslantlaleqUlvalenl of Ihe obllgalJonB ansIOg under the EnVifonmentallndamnlty Agreomenl All of such oblJgallona (and the subslantoal eqUIValents theroof) shall consiliute Ihe seperala, unsecured, full recourso obllgallons of Ihe Orantor and any Olher obligor idenllfled Ihereln and shall not be deemed 10 be eVIdenced by Ihe NOlO or secured by Ihls Deed of TruSI 1.B Construction Loon [jg If checked here, Ih,s Daed 01 Trust secures en oblogallon Incurred for the construcllon of an Improvemanl on land, Including Iha acqulsilion cost of tho land ARTICLE II WARRANTIES AND COVENANTS In addrtlon 10 all other warranties and covenanls of the Gmntor under Iho Loan Documents which are expressly Incorporaled herem as part of Ih,s Deed of Trust, IOcludIOg tho covenanls 10 pay and perform an Obbgatoon., and while eny part of Iha cred,t grenled the Grenlor under the Loan Documents IS aVBllable Dr any OblJgatlons of Ihe Granlor 10 Ihe Boneflclary are unpaid or oulstandlng. Ihe Granlor conllnuously warranls 10 Ihe Boneflcoary and Ihe Trualee and agrees as follows 2 1 Warrantyol TltleJPossesslon The Gmnlorwarrantsthallt has sole and exclUSIVe btle to and possession of Iho Premises. excepllng only the follOWing 'Permitted EncumbranceS" reslncllons and easamenls of record. and zOning ordinances (Ihe lerms of whICh are and WIll bo complied wllh, and In Ihe case of easemonta, are and Will be kept free 01 encroachments). taxes and assessments not yet due and payable and Ihose PermJltedEncumbrances sel lorth on Exhibit B a"ached harolo (excapt thai If n. Exhibit B IS a"ached, Ihere Will be no additional Permilled Encumbrancas) The lien of Ihls Deed 01 Trust, sub,ect only 10 Pormilled Encumbrances,lS and Will conllnue to be a 1714DWA Page 2 019 200312186006;0.002 vahd I"sl and only han upon all ollha Mortgaged Property 2.2 MOlOlananco;Woata, Allorahon. Tho Granlorwlli malnlaln Ihe Pramlsos," good and lenaniablecondilion and will reSlore or replaca damaged or deslroyed Improvamenls Wllh lIems 01 al leasl equal ullilly and value The Grantor Will not com mil or perrnlt waslo to bo commlttod on tho Premises The GrantorwllI not remove, demohsh or matonally aller any part 01 the Promises without the Bonellclary's p"or wlillen consent. except tho Grantor may removo a Ilxture, prOVided the Ilxture IS promptly replaced with anolhor IlXtura 01 at least equal utility The replacement Ilxture Will be sub,ect to Ihe pnonty hon and aecunty 01 this Deed ot Trust 23 Transterand Wons The Graniorwill not, without the pllor wntten consent 01 the BenellClary, Which may be Wllhhold In tho Benaflclary's sale and absolute dlscrotlOn, either voluntalily or Involuntanly (a) soli, assign, leasa or transler, or permit to ba sold, assigned, jeasad or translerred,any part 01 tho Premlsos, or any Intorest therein, or (b) pledgo or otherwise ancumbor, create or porrnlt 10 eXist any mortgage, pledge, hen or claim lor hen or encumbrance upon any part ot the Premises or Inlerest Ihereln, excepl lor tho Permll1ed Encumbrancea Benollclary has nol consented and Will not consent to any contract or to any work or to the lurnlshlng ot any matenals which mlghl be deemod to crsata a hen or hons supenor 10 Ihe lien ollhls Daad ot Trust 2 4 escrow, Aher wrltlen roqusstlrom tho BenellClary, the Grantor win pay 10 tha BenatlClary sufllclenllunds at such time as Iho 80neilCiary doslgnates, 10 pay (a) Ihe ostlmalod annual real ostate taxes and assessments on tha Promlses,and (b) all property or hazard Insuranco premiums when duo IntarealWlII not ba paid by tha Banaflclaryon any escrowed lunds Escrowad lunda may be commingled With olher lunds ot Ihe BenoflClary. All escrowad lunds are hereby pledgad as addJllonalseculily lor the Obligations 2,5 Taxes, Assassments and Chargas To Ihe extent not paid 10 the BenellClary under 2 4 above, the Granlor Will pay belore they become dollnquent alliaxes, assessmanlsand othor chargos now or hereaflarlevlod or assessad sgalnsllho Premises, agOinst Ihe Bonotlclaryba.od upon Ihls Deod ot Trusl Dr the Obllgshons secured by Ihls Dood of Trusl, or upon Ihe BenellClary's InlereSlln Ihe Premises, and deliver to tho Benellclary receipts shOWing Ilmely paymenl 26 Insurance The Granlorwlli conhnually Insure tha Premises against such penis or hazerdsas tha Benallclery may requlla, In amounts, With acceptable CD-Insurance prOVISions, not less Ihan Iho unpaid balance 01 the Obllgallons Dr Ihe full raplacomonl value ollhe Improvemanls, whichever IS lass The poliCies will contBln an agreement by each Insurar Ihat Ihe poliCY will not be termlnatad or modilled wlihout at least thirty (30) days' pilar written nollce to Ihe Benellclary and Will conlaln a mortgage clausa acceplable 10 the BenefiCiary, and the Granlor Wllliaka such olher acllon as Ihe BenefiCiary may reasonably raquesl to on sure Ihat the Benellclary Will recelvo (subjeCI to no olher Intoresls) Ihe Insuranca procoeds Irom tho Improvements The Grantor hereby assigns aliineuranca procaeds 10 and lIrovocablydllecls, whlla any Obhgallons remain unpaid, any Insurer to pay 10 Ihe Beneliclarylhe procaeds 01 all such Insurance and any pramlum relund, and authonzes tha BonehclBryto andorsa the Grantor's nema to effect tha ssme, to make, adlust or settla, In Ihe Granlor's name, any ctalm on any Insuranca policy relating to tho Pramlsas The procaads and relunds Will ba appllad In such' mannor as the 8onetlClBry. In liS solo and absolute dlscrellon, dalermlnos to rebUilding 01 the Premlsas or to paymant 01 tho ObligatIOns, whelher or not Ihen due and payable 2,7 Condamnatlon Any compensation receIVed lor the taking at the PromISes, or any part thereat, by a condamnatlon procoedlng (Including payments In compromise 01 condamnallon proceedings), and ell compansallon receIVed as damages lor Injury to tha Premises, or any part thereol, ahaB be applied In such mannar as the BenehClary, In lis sola and absolute discretIOn, datermlnos 10 rebuilding 01 the Premises or to paymant 01 Iha Obligations, wholher or not Ihan due and.payable 28 ASSIgnments. The Grantor will not assign, In whole or In part, Without Iho Benellclary'spllor Wllttenconsent, the renls, ISsues or proflls ansmg from Iha Premises 2 9 Right of Inspection The Benollclarymay at all reasonabla limes anter and Inspecl tho Premises 210 Waivers by Grantor. To Ihe grealost extent that such nghte may Ihon be lawfully waived, the Granlor heroby eglees for Iisell and any persons clBlmlng undar Ihe Deod 01 Trust thalli will waive and will not, at any tllne, InSist upon or plead or In any manner whatsoevarclalm or taka any benellt or advantaga 01 (a) any exemption, slay, exlonslon or moralonum law now or al any t,mo horeattenn lorce, (b) any law now or herealtenn forco provrdlng lor Ihe valuallon or appraisement of the Premises or any port theraol p"or to any oala or salas Iheroot 10 ba made pursuant 10 any prOViSion horeln contalnod or pursuant 10 Ihe decree, judgment or order 01 any court 01 compelant junsdlcllon, (c) to the eXlent pormilled by law, any law now or at any lime hareattormada or enaclod gran,,"g a light to rodeem flam toreclosure or any othor nghts 01 radampllon In connoctlon wrth loreclosure of, or exercise 01 any power of sale under, thiS Deod ot Trust, (d) any slalUtaolllmllalions now or at any lima herealtolln lorce, or (e) any nght to reqUire marshalling 01 assets by the Benellclary 1714DWA P.ge3019 20031218000676.004 2.11 Asslgnmont of Ronts and Leases. The Grantor assigns and transfers to the Beneficiary. as additional security for the Obligations. all right. title and Interest of the Grantonn and to all leases which now eXist or hereafter may be executed by or on behalf of the Grantor covenng the Premises and any eX1enslons or renewats thereof. together with all Rema. It being Intendod that thiS ,. en absoluto and present aSSignment of the Rent.s Notwllhstandlng that thiS assignment conslltutes a present assignment ot toasas and rents. the Grantor may collect the Ronts and manage the Premlsos.but only d and so tong as a detault has not occurred If a default occurs. the right of Grantor to collect the Rents and to manage the Premises shall thareupon automatically terrmnate and such right. together With other rlghta. powors and authOrizations contained herein. shall belong exclusively to the Benetlclary ThiS assignment confers upon the BenefiCiary a power coupled With an Interest and cannot be revoked by the Grantor Upon the occurrence of a detault.tha BeneflClary.at ItS option Without notice and Wdhout seeking or obtalmng the appointment of a receiver or taking actuat possession ot the Premises may (a) gIVe notICe to any tenant(s) that the tenant(s)should begin making payments under their lease agreement(a)dlrectty to the BenefiCiary or Its deSignee. (b) commence a foreclosure action and flte a motion for apPOintment ot a recelV8r. or (c) gIVe nollce to the Grantor that the Grantor should oollect all Renta arising from the Premises and ramrt them to the Boneflclary upon collection and that the Grantor should anforce the terms of the loase(s)to ensure prompt payment by tanant(s) underthe lease(s) All Rents receIVed by the Grantor shall be held In trust by the Grantorfor the BeneflC18ry All such payments received by tha BenefiCiary may be applied In any manner as the Benellclary determines to payments reqUired under thiS Deed of Trust. the Loan Documenls and the Obllgallons The Grantor agrees to hold each tenant , harmless from actions relallng 10 tenant's payment of Rents to Ihe BenellclDry 2 12 Fixture FIling. From the date of ItS recording. th,s Deed of Trust shall be effectIVe as a f",sno",g statement flied as a flOuro filing undor the Undorm Commercial Coda Wdh respect to the Improvements and for thiS purpose the name and address of the deblor IS Ihe name and address of the Grantor as set forth In thiS Deed of Trust and the name and address of the seoured party IS the name and address of the BenefiCiary as set forth In thiS Doed of Trust The Mortgaged Property Inctudes goods which ere or may become so affllCed to real property as to bocome flOures II any of the Mortgaged Property" of a nalure such that a security Interestlhereln can be perfected under the Uniform Commercial Code. thiS Deed of Trust shalt also conslltute the grent of a security Interest 10 the BenoflCiary and serve as a Secunty Agreoment. and Grantor authorlzos the filing of any financing statements and agrees 10 execute other Instrumenls that may be reqUired for the further speCification. perfection or renewal of such secunty Interest ARTICLE III. RIGHTS AND DUTIES OF THE BENEFICIARY In additIOn to alt other rights (Including setoff) and dulles of the Benellcla", under Ihe Loan Documents which are expressly Incorporated herein as a part of thiS Deed of Trust, the follOWing prOVISIOns Will also apply 3 1 Benef,clOry Authorlzadto Perform for Grantor. If the Grantorfalls to perform any of Ihe Grantor's dulles or covenants set forth In thiS Doed of Trust. the Boneflclary may perform the duties or cause them to bo performed. Including. Without limitation. signing the Grantor's name or peYlng any amount so reqUired. and the cost. With Interest al the default rate set forth In the Loan Documents. Wilt Immediately bo due from the Grantor to the Beneflcl8ry from the date of expenditure by the BenefiCiary to date of payment by the Grantor. and will be ono of Ihe ObllgallOns secured by thiS Doed of Trust Alf acts by the BenefiCiary are hereby raflfled and approved. and the Beneflclarywdt not be liable for any acts of commission or omiSSion. nor for any errors of Judgment or mIStakes of fact or law ARTICLE IV. DEFAULTS AND REMEDIES The Beneflcl8rymay enforce ItS nghls and remedies under thiS Deed of Trust upon default A default wll' occur If the Grantor falls to comply With the terms of any Loan Documents (",cludlng thiS Deed of Trust or any guaranty by the Grantor) or a demand for payment IS made under a demand loan. or the Grantor defaults on any other mortgage affecting the Land. or d any other obligor falls 10 comply wllh Ihe torms of any Loan Documents for which the Grantor has glVon the Benoflclary a guaranty or pledge. or If there shall be a default under the Unsecured Real Estate EnVironmental Indemnity of even date hereWith by Borrower or any other Indemmlor Identified therein Upon the occurrence of a dsfault. then subJect only to any statutes confemng upon tho Granlor the nght fo notlca and an opportunrty fo cure. tho Beneflcl8ry may dectare the Obligations to be Immediately dua and payable 4.1 Remodles In addition 10 the remedies for dafault sot forth below and In tha other Loan Documents. Including accolerallon. the BeneflCl8ryupon default will have alt other rights and remedies for default avaltable by taw or eqUity Upon a dofsult. BenefiCiary may exerClso tho follOWing remedies (a) Enforcement of Assfgnment of Rents and Leases. To Ihe fullest extenl permitted by applicable law. Benaflclary may (I) terminate the license granted to Grantor to collect the Rents (regardtoss of whether BenefiCiary or Trustee 1714DWA Pego 4 019 20031218000616.006 shall have entered Into possession of the Mortgaged Proporty), collect and sue for the Rents In Beneficiary's own name, give recolpts and releases therefor, and after deducting all expenses of collection, including reasonable attornoys' fees, apply the net procoods Ihereof to any Obligations as Benellclary may elect, (II) make, mowly, enforco, cancel or accept surrender of any leases, eVict tenants, adlust Rents, maintain, docorate, relurblsh, repair, clean, and make space ready lor renting, and othelWlso do anything Benehclary reason- ably deems adVisable In connectIOn With tho Mortgaged Property, . (Ill) epply the Rents so collected to Ihe operation and management of the Mortgaged Property, Including the payment 01 roasonable managomont, brokerage and a"omeys' fees, or to the ObligatIOns, and (IV) reqUire Grantor to transfar and deliver possession of aU sacunty dopo8ils and records thereol to BenehClary (b) Pow.rof Sale, BenefiCiary may requlle the Trustee,and the Trustee IS herebyauthoTized and empowerad, to enter and take possessIOn of the Premises and to sell all or part of the Mortgaged PropertY,at public auction, to the highest bidder lor cash or such eqUivalent lorm of payment as may be permdted by appllcabfe law, free from equity of redemption, and any statutory or common law nghf of redemption, homestead, dower, mantalshare, and an other exemptions, alter gIVing notICe of the lime, placo and terms of such sale and 01 the Mortgaged Property to be sold, by advertiSing tho sale 01 the property In such manner and at such times as may be reqUired by applicable law The TrUlltoe shall oxecute a conveyance to Ihe purchaser conveYing to the purchaser alf the nght, trtle and Interest In the real and personal property sold at the trustee's sale which lhe Grantor had or had power to convoy at the time of exocutlon 01 thiS Deed 01 Trust and such Tight, title and Interest therein a9 the Grantor may have thereafleracqUired, and the Trustee shalf dellvor possosslon to tho purchasor, which the Grentor warrants shaD be given Without obstructIOn, hlndranco or dolay To the oxlent permitted by applICable law, the Trusfoe may sell aU or any portion of the Mo~gaged Property, togother or In lots or parcots, and may oxacute and delIVer to the purchaser or purchasers of such proporty a conveyance as descrlbod abovo The Trustee shall racelve tho proceeds Ihereof and shell apply the samo as follows (a) fllSt, tho expenso of the solo, Including ft reasonable charge by the Trustee and by hiS or her attorneys, (b) second, to the payment of the Obligations horOin secured, In such order as BenefICiary shallelecl, and to the extont permitted by applicable law any balance 01 said Obligations may be the sub,ect of Immediate SUit, and (c) Ihlld, should there be any surplus, TrusteewIIi doposlt such surplus, If any, loss the clerk'S flflng fee, With the clerk 01 Ihe supoflorcourt 01 Ihe county In which tho salo look plactl To tho oxtenl permitted by applicable law, Ihe sale or sales by Trustee 01 loss than tho whole of tho Mortgagod Property shall not exhaust tho power of sala herein granted, and the Trustee IS speclIlCally empowered to make successive sales under such power until the whole of the Mortgaged Prope~y shan be sold, and If the proceeds of such sale or sales of loss than the whole 01 Ihe Premises shall bo loss then the aggregato 01 the Obligations and the exponses thereof, thiS Doed of Trust and the hen, secunty Inlerest and assignment hereol shall remain In lull lorce and effect as to tha unsold pO~lon of the Mortgaged Property, prOVided, however, that Grantor shafl nevor have any nght fo require the sale or sales of 1088 than the whole of the Mo~gaged Prope~y,but BenoflCiaryshall have Ihe nghl at rts sole electIOn, to request the Trustee to sell less than the whole of the Mortgaged Property Boneflclarymay bid and become the purchaser 01 all or any part 01 the Mortgaged Property at any such sale, and the amount of BeneflClOry's succossful bid may be credited on tho Obligations (c) JudiCial and Other Rohof Bonellclaryor Trustee may proceed by a SUit or SUitS m oqUity or allow, whether for the speCifiC performance of any covenant or agreement herein contained or In Old of Ihe execution of any power horeln granted, or for any forectosure hereunder or for the salo 01 the Mortgaged Property under the Judgmenl or docroe of any court or courts of competent Junsdlcllon (d) Entryon Premls9.; Tenancy at Will (I) BonellClarymay enter Into and upon and take possession of all or any part 01 the Mortgaged Property, and mayexcludo Grantor, and all persons clOlmlng under Grantor, and It. agents or servants, wholly or partly therelrom, and, holding the same, BenefiCiary may uso, adminISter, manage, operate, and control tho Mortgaged Property and may exerclSo all Tights and powers 01 Grantor In the name, place and stead of Grentor, or otherwise, as the BenefiCiary shall deom best, and In tho oxorclSe of any of tho foregOing nghts and powers BenefiCiary shalt not be hable to Grantor for any foss or damage thereby sUstalnod untess due solely to tha Willful misconduct or gross negllgenco of BenellClary (II) In tho event of a trustee'sor other foreclosure8ale horeunderand If at tho hme 01 such sale Grantoror any other party (olher than a fenanl under a Lease as to Which the BenefiCiary shall have exprossly subordinated the lien of thiS Doed 01 Trust as hereinabove .et out) occupies the pO~lon of the Mortgaged Property so sold or any part thereof, such occupant shan on tho twentieth day aftor the sala bocome tho tenant of the purchaser at such sale, which Ie nancy, unless olhOrwlse reqUired by applicable law, shan be a tenancy frorn day to day, terminable at the wilt 1714DWA Page 5 at 9 , j 20031218000576.006 01 such purchaser. al a reasonable renlal per day based upon Iho value 01 Ihe portion 01 Ihe Premises so occupied (but nol loss Ihan any renlal Iherelolore paid by such tenant, computed on a dally basla) An acbon 01 lorclble detainer shall he II any such tenant holds over a demand In writing lor possession 01 such portion 01 the Premises (e) Receiver. Bonellclary may make apphcatlon to a court 01 competent lunsdlCtlon, as a mailer 01 strICt light and without nollCo to Grantor or regard to Iho adequacy 01 the Mortgaged Property lor the repayment 01 the Obligations, lor appolnlment 01 a recolverol the Mortgaged Property,and Grantordoes herebymevocablyconsent to SUCh appointment Any such receIVer shall have all necessary and proper powers and dulles 01 receIVers In Similar cases, Including the lun power 10 rent, maintain and otherwise oporate tho Mongeged Property upon such terms as may be approved by the court (I) Remodles Cumulahve, Concurrent and NonexclUSive II the Obligations are now or herealler lurther secured by chaltel mortgages, olher deeds 01 trust, security agroements,pledges, conlracts 01 guaranly, assignments 01 leeses, or other securlly, then to the lullest extent permitted by applicable law, Benellclary may, at \IS optIOn, exhaust lis remedies under anyone or more 01 SOld Inslruments and Ihls Doed 01 Trust, either concurrenlty or Indopendently, and In such order as Benellclary mey detorrmne BenellclBry shall havo all nghts, remedies and recourses granted In the Loan Documents and available to II at law or equity (Including, Without IImltabon, those granted by tho Uniform Commercial Code), and to tho fullest extenl permitted by oppllcable law, samo (a) shall be cumulatIVe, concurrent, and nonexclUSive, (b) may be pursued separataly, successIVely or concurrenlly against " Grantoror others obhgated lor tho Obhgatlons, or any part thereof or against anyone or more 01 them, or against the Mortgeged Property, at tho sale discretion of Benollclary,end (c) may be oxerCisedas oUen as occasion therefor shall anse, It being agreed by Grantorthotthe exercise of orla"ure to oxerclso any 01 same shan In no event be construed as a walVor or release theroof or of any other nght, remedy or recourse (g) Waiver by the Beneflclory. The Bonef,c,arymay permit tho Gmntorto attemptto romedy any default Without waIVIng ItS nghls and remedies hereunder, and the BenellClary may waive any default Without waiVIng eny other subsequent or pnor default by the Grantor Furthermore, delay on the part of the BenefiCiary In exercIsing any light, power or pllvllege hereunder or at law Win not operate as a waiver Ihoreof, nor Will any Single or partlat exercISe 01 such light, power or prrvllego preclude other exerclsethereol or the exerclseof any other light, power or prIVIlege No waiver or suspension Will be deomed to heve occurred unless the BenoflclSry has oxpressly agrond In wnbng specifying such walVar or suspension (h) Attorneys' Foes and Other Costs. Attomeys' lees and othor cosls Incurred In connection With thiS Deed 01 Trust (Including Without limitation, the cost 01 any eppralsal which may be obtained In conlunctlon With any foreclosuro or defiCiency ludgment proceedings) may be recovered by the Benellclary and Included In any solo made hereunder or by ludgment ot loreclesure ARTICLE V. TRUSTEE 5 1 Achon by Tnustee. The Trustee named herein shall be clothed wllh lull power to act when action hereunder shan be reqUIred, and 10 execute any conveyance of the Mortgaged Property In tho eventthatlhe substitution of the Trustee shall become nocessaryfor any reason, the substitution of a trustee In the place 01 that named herOin shell be su!fIClent The term "Trustoo'shell be construed to mean "Trustees'whoneverthe sense reqUires The necesSIty of the Trustee herem nemed, or any successor In Irusl, making oath or gIVing bond, IS expressly waIVed 52 Employment of Agents The Trustee, or anyone ectmg In It's stead, shall have, In It's discretIOn, eutholltyto employ all proporty agents and attorneya In the execution of thiS trust andlor In the conducting 01 any sole made pursuantto tho terms hereof, and 10 pay for such 88Mces rendered out of the proceeds 01 the sale at the Mortgaged Property, should any be reahzed, end rt no sale be made or d tho proceods at sale be Insufflclonl to pay the somo, then, to the fullest eXlent permitted by applicable law, Grantor hereby undertakes and agrees to pay the cosl of such services rendered to said Trustee Trustee may rely on any document behovod by rt In good larth to be genUine All money reCeived by the Trustee shall, until used or applied as herein proVIded, be held In lrust, but need nOI be segregaled (except to the extenl reqUirod by law), and the Trustee shall not be liable lor Intorest thereon 53 Indemnification of Trustee, If the Trusteo shall be made a party 10 or shall Intervene In any actIOn or proceeding alfectlng the Mortgaged Property or Ihe Me thereto,or the Inleresl of the Trusleeor Benel,clSryunder thiS Deed of Trusl, the Trustee end Benellclary shall be reimbursed by Grantor, Immedletely and Without domand, lor aU reasonable costs, charges and ettorneys' leos Incurred by thom or erther of them In any such cese, and tho same shall bo seoured hereby as a lurther cherge and hen upon Ihe Mortgagod Property 5.4 Successor Trustee. In the event 01 the death, refusal,or 01 inability lor any causo, on the part of the Trustee named herein, or of eny successor trustoe, to act at any time when action undor tho lorgolng powers and trust may bo reqUired, or for any other roason satISfactory to the Boneflclary, the BenefiCiary I. authollzed, elthelln Its own name or 1714DWA Page 6 019 > 260312196606/8.001 J, through an attornay or attorneys In lact appointed lor that purpose, by written Instrument duty recorded, to name, substitute and appoint a successor or successors to execute this trust, such eppolntment to be evidenced by wntlng, duly acknowlodged, and when such writing shall have been recorded In each county In which the Land IS located, tho substituted truslee named therein shall thereupon be vesled w~h all the nght and 11110, and clothed wrth all tha power of Ihe Tlustee named herein and such like power 01 subst~utlon·8hall continue so long as any part 01 the debt sacured hereby ramSlns unpaid Any successor Trustee may be replaced, al the opllon 01 Iho Benollclary, by the onglnsl Trustee or a successor Trustee prevIously replaced, each such substitution to be made as horeln provided ARTICLE VI. MISCELLANEOUS In additIOn to all other miscellaneous provIsions undor the loan Documents which are expresslylncorporatad as a part 01 thiS Deed 01 Trust, the lollowmg proVisions Will also apply 6 1 Term 01 Deed 01 Trust This Deed of Trust shall continue In lulliorco and ellect untd the Mortgaged Property has been reconveyed by the Trustee 6 2 Time of tho Essence, Time IS 01 the essence with respact to peyment 01 the Obligations. Iho performance 01 all covonanls 01 the Grantor and the payment 01 taxes, assessments. and similar charges and Insurance premiums 6 3 Subrogation. The Benellcl8ry Will be subrogated to the lien 01 any mortgago or other ben discharged. In whole or In part. by the procoeds 01 tho Note or other advances by the Benellclary, In which event any sums otherwise advanced by the BenellClaryshall bo Immodlately due and payable, with Interest at the delauU rate sot lorth In the loan Documentslrom the dete 01 advance by the Benellclary to the date 01 payment by the Grantor. snd Will be ono 01 the ObligatiOns securod by thiS Deed 01 Trust 6 4 Cholco of Law. ThiS Doed 01 Trust Will be governed by the laws of the stale In which tho Mortgaged Property IS localed For all other purposes. the chOICe 01 law specilled In the loan Documents Will go"ern 6 5 Soverobility. Invalidity or unenlorceabilityol nny provIsion 01 thiS Deed 01 Trust shall not eNact the validlly or enlorceability 01 any other provIsion 6 6 EnUre Agreement. This Deed 01 Trust IS Intendod by Ihe Grantor and the BenellC1ary as a Iinal expression 01 Ihls Deed of Trust and as a complete and exclUSIVe stalement 01 ns terms. Ihere being no conditions to the lull elfectlveness 01 thiS Deed 01 Trust No parol eVIdence of any nslure shan be used 10 supplement or mOdify any terms 6.7 Jomtlloblilty;Successora and ASSigns. If there IS more than one Granlor. tha liability of the GrantorswllI be 10lni and several.and tho releranceto 'Grantor-shall be deemed 10 relerto each Grantorand to all Grantora The rlOhls. Ophons, powers and remedies granled In thIS Deed 01 Trust and Iho other loan Documents shall extend to the Beneflclaryand to ItS successors end assigns. shall be binding upon the Grantor and lis successors and assigns. and .hen be oppllcable hereto and 10 all renowols. amendments andlor axtenslons hereof 6 8 Indemnification. Except lor harm anslng Irom the BenellC1ory's or the Trustoe's wlillul misconduct. the Granlor hereby Indemnilies and agrees to defend and hold tho BenefiCiary and the Trustee harmless from any and all losses, cosls. damages, claims and expenses (including, Without IlmllatlOn. allomeys' lee. and expenses) 01 any kind Bulfered by or asserted against the Benellclary or the Truslee relating to claims by third partlOB anslng out 01 the Iinancing prOVided under the loan Documents or relatod 10 Ihe Mortgoged Property oxceptlng the Benellclary's rallure to perlorm ItS obligations under tho Real Estate Envlronmenlollndemnrty Agraoment or the exorcise by lhe Benor,ClDry or the Truslee 01 any 01 their respectlvo powers, rights and remedies under thiS Deed of Trust To the lullest oxtentpermiliadby appllcabla law. thiS Indemnification and hold harmless provISion Will survIVe the terminatIOn ollho loan Documenls and Ihe satlslactlon 01 thiS Doed 01 Trusl and Obllgallons due the BenolIClary 6 9 Notices. Except as otherwise prOVided by applicable law. notice 01 any rocord shall be deemed dellVerad when Iho record has boen (a) doposlted In Iha Umted States Mall. poslage pre-paid, (b) receIVed by overmght delivery service. (c) lecelved by telex. (d) receIVed by telecopy. (e) receIVed through tho Intemot. or (I) when personally delivered 6 10 Rele.se of Rights 01 Dower, Homosteod and Distributive Shora. Each of Iho underslQned heroby rellnqUishas all rlOhls 01 dower. homastead and dlslnbutlve share In and 10 tha Mortgaged Property and waIVes all nghls 01 exemphon as to any or Ihe Mortgaged Property 611 Copy. Tho GrantorherebyaCknOwledgos thO rocelpl ola copy ollhls Deed 01 Trusl,logotherwnh a copy 01 each promissory nato secured hereby, and on other documents executed by the Grantor," connection herewllh 6.12 Usury Savings Clause. Notwllhslandlng anything horoln or In Ihe NOle 10 the contrary. no prOViSion conlalnod herein or '" the Note which purport. to Obligate the Grantor to pay any amount or Intorestor any fees. costs or expenses which are In oxceS9 of Iho maximum permiliod by applICable law, shall be effecllve to the extent that It 1714DWA Page7of9 I, 20031218000576.008 . - calls lor Ihe payment of any Interesl or olher aums In excesa of such maXimum All agreemenls between tho Grantor and the Benehclary, whether now eXisling or hereafleranslng and whetherwnUen or oral, are hereby Ilmlled so that In no contmgency, wnelher by reason of demand lor payment 01 or accelarallon of Ihe malurrty of any 01 the mdebledness secured hereby or olherwlse, shsiliha Intoresl contracted for, charged or racelved by Ihe BenelK:lary excDod the maXimum amounl permlaslble under applicable law 11, from anycircumstancewhalsoever,lntereslwoufd olhelWlS9 be payable to the BenellClary In excess of Ihe maximum lawful amount, the Inleresl payable 10 Ihe Beneficiary shall be reduced 10 Ihe maximum amounl pormltted under appllcabla law, and If from any circumstance Ihe BanehClary shall ever racelva anything of value deomed mlerest by applicable law In excess of Ihe maXimum lawful amount, an amounl equal to any excosalve Interesl shall allha Benehclary'sophon, be refunded 10 the Grantor or bo applied 10 Ihe reduCllOn of Ihe pnncipal balanca of Iha Indebtadness aecured heraby and nolto the payment of Intereslor, rt Buch excesSIVe Intoreal exceeda Ihe unpaid balance of pnnclpal mdebtoonoss aecured hereby, such excess shall be refunded 10 Ihe Granlor ThiS pare graph shall conlrol an agreements belweon Ihe Granlor and Ihe BonoflCl8ry 613 Rldera The nder(a) attached herelo and recorded logether With Ihls Deed of TruBt are hereby lully Incorporated Inlo Ihla Deed of Trust (Check applicable box(os)] 0 Condominium Rider 0 Second Deed of Trust Rider IE Construction Loan RldeO Olher(a) (Speclfv,,)'--_______ '-________ _ , . IN WITNESSWHEREOF,the undorslgnod haslhave execuled thiS Deed of Trust as of DECl!MBER 16, 2003 (Individual GrnnlOr) (IndIVidual Grantor) Pnnlod Namo ______ J.N!1/-"A~ _____ _ PMlodNam. _________ ~N!1/~A~ __________ _ HARBOUR HOMES, INC. GrnnlCl Nama (Olll8l11Zahon) ~~~z_or=At~iQ~n----------- Nama andT.Ue STgYEN Q pUrER CHfEf FtHAHtl"Al ..... OLJfF"fJolq ... '--___ _ ~--------------------------------NamoandT~e __________________________ __ (Grnntor Address) l300 DEXTER AVE. NORTH, SUXTE 500 SEATTLB. NA 98109 (BenellCI8IY Md,e •• ) 555 aN OAlt PORTLAND, OR 97204 17t4DWA [NOTARIZATION(S) ON NEXT PAGE] Paga 8 019 ,- Acknowlodgment In Individual Capacity STATE OF } __ 59 COUNTY OF 20031219bb061G.009 I cortlfy Ihall know Dr havo sahslaclory evldenco Ihom'-______ -m;=r.!N[!j'fAA}.,;=:u-______ _ (Nameia) Of Pe11On{s)j lSIare Iho person(s) who appeared beloro me, and said person(s) acknowledged thai helshelthey signed Ihls InBIrumonland acknowledged n 10 be hlslherllhelr Ireeand voluntary act lor the uses and purposes mentioned In the Inslrument Daled __________ _ (Seal or Siamp) . ., . Pnnled Name _______________ _ Tille My appolnlment expires ____________ _ Acknowledgment In Representative Cepe cIty STATEOF~ ~ COUNTY OF 11M 8 ~ 55 I certlly Ihell know or have Ballslaclory eVidence Ih,,,nt .. S,,T..,llL.!V1!N-"".....,D,, • ...£.PARXl...,.,..,R8:;;;====;\l"' ______ _ --Walrii(.) 01 Per.on(.)j lSIare Ihe person(B) who appoared beloro me, and said person(s) acknowledged that helahe/they srgned Ihls , , Inslrumont, on oath staled Ihal holshelthey was/were authorIZed to execute the In~Irumenl and acknowledged n as the CHIRF fINANCIAL orFICllR (Type 01 autIlOnty, 8 g. oHlCOr, trultee, ett) 01 HARBOUR HOMRS, INC. (Name of party on botuUf of whOm ,ultrument was executed) to bo the Iree and voluntary act 01 such party lor tho uses and purposes mentioned In the Instrument Daled 4J/tt,j03 (See I 0 St_REN FRITSVOlD STATE OF WASHINOlON NOTARY -. -puauc 11'1' COMMISSION IDIPIRES 01-20007 1714DWA Pnnted Neme &ifr~L;P(~~) Tille ~i.;t~,,- My appolntmont expires -'/."'-:;,.?,Lo5'1:; .. J<P"'1.~ ______ _ Page 9 01 9 Grantorr Trusteer EXHIBIT A TO DEED or TRUST (Legal Descrlpllon) HARBOUR HOME S. INC. u.s. BANK TRUST COMPANY. N.A. Beneficiary. U.S. BANK N.A. Legal Doscrlptlon of Land 2UdSl218UU061b.O to 0608161574 Lots 1 through &. 40 through 45. and 64 through 72 of Maureen Highlands. according to plat recorded November 24. 2003 in Volume 218 of Plats at Pagels) 61 through 67. under recording no. 20031124001221. in Xing county. Washington. PARTIAL RELEASES. Bank shall execute partial releases of the lien of this Deed of Trust upon the following conditions. Notw1thstanding the foregoing. Bank hereby consents to the sale of individuals lots on said property aad agrees to cause partial reconverance's of tbis Deed of Trust to be effected with respect to oucb iadiv dual loto of said property if all of the following conditions are met. (a) With respect to each partial reconveyance. Bank shall have 'received in cash in the Partial Reconverance Release conditions described below. (b) Grantor shall not be in defau t under this Deed of Trust or any of the Loan Instruments at the time thet this request for reconveyance is made to Bank and at the time that Bank io to cause the partl.sl reconveyance to occur. (e) The "Partial RecoQveyance Release Cond1tions' for each lot for the Property shall be the receipt of. Payment of the outstanding Principal balance and all fees related to a speoific lot and house plan. 1222DM Cua bancorp 2001 B1 1001 CONSTRUCTION LOAN RIDER TO DEED OF TRUST Grantorrrrustor IIARIIOllR HOImS. INC. Trustee u. S. BANK TRUST COMPANY. N .A. Beneftclary u. S. DANK N .A. 20031218000816.011 0608767574 The following provIsions are hereby made a part of the Deed of Trust to which this Rider IS attached Cessatton of Construction The loan secured hereby was obtalOed to assist 1f1 financing bUilding construction or remodeling. or land development, or other Improvements to the Premises (as provided In the Construction Loan Agreement between Grantorrrrustor and Beneliclary of even date With the note eVidenCing such loan, which IS made a part hereof by thiS reference, whICh no third party IS entitled to rely upon) and (a) If such construction, remodeling, development. or Improvement shall not, 1f1 accordance wlI!:l plans and speClllcatlon approved by Beneficiary, ba completed prior to tha expiration date established by Beneficiary or (b) If work on the same shall cease before completion and remain abandoned for a pellod of thirty consecutive days, then the eXistence of 91Iher circumstance shall constitute an event of default under the terms of thiS Instrument, and at any time thereafter, said note and the whole Indebtedness secured hereby shall. at the option of the BenefiCiary and Without notice to Grantorrrrustor (such notice being horeby expressly waived), become due and collectible at once by foreClosure or otherwISe In the event of such cessation or abandonment of work as aforesaid, BenefiCiary may, at Its option, also enter upon the Premises and complete such Improvements and Grantorrrrustor hereby gives to BenefiCiary full power and authonty to make such entry and to enter Into such contracts or arrangements as rt may consider necessary to complete the same All momes expended by BenefiCiary In connection With completion of said Improvements shall be added to the Indebtedness hereby secured and shall be payable by Grantorrrrustor Immedlatefy and Without demand, With Interest at the default rate speCified In Ihe Note BenefiCiary shall have the light to enter upon the Premises at any and all times to Inspect the same Construction Mortgage ThiS Deed 01 Trust shall be deemed to be a construcflon mortgage, as that term IS defined In the Unrlorm Commerc181 Code, as amended, secunng an obhgaflon Incurred for the construction of an Improvement on the Land, which may Include the acqUisition cost of the Land. and any notes Issued In extension or renewal thereof or substltullon therefor If and to the extent that any of such actions could, under the laws of the state In which the Land IS located, form the baSIS of or rosultln a secunty Interest In or hen against the Land or any Improvements thereon haVing prlonty over thIS Deed of Trust, Grantor affirms. acknowledges and warrants that pnor to the recordation of thiS Deed of Trust In the real property records of the county or counties where the Land IS located, no contract Will have been entered Into nor will any Improvements have been constructed upon the Land. nor Will any matenal have been delivered to the Land In regard to the project for which the loan or loans eVidenced by the Note have been made Jt IS understood and agreed that funds are to be advanced upon the Note In accordance With a Construchon Loan Agreement made by and between the Grantor and the BenefiCiary of even date hereWith, which said Construction Loan Agreement IS Incorporated herein by reference to the same extent and effect as If fully sat forth herein and made a part of thiS Deed of Trust ThiS Deed of Trust securos the payment of all sums and the performance of all covenants reqUired by Grantor by said Construction Loan Agreement, and on the failure of Grantor to keep and perform all the covenants, condlhons and agreements of said construCho;;n Agreement. tho pnnclpal sum and all Interest and other charges prOVided for herein and secureC! shall, at the option of the BenefiCiary of thiS Deed of Trust, become due and payable, anything hr. c talned to the contrary notwithstanding IiER~ 353200T Qua bancorp 2001 S1 BI02 Return Address U.S. BANK NATIONAL ASSOCIATION t 0800 NE EIghth Street, Sulle 320 Bellevue, WA 98004 Attn: Ms. Karen Frltsyold Document Tltlc(s) (or transactIons contaoned therem) 1 AMENDMENT TO WASHINGTON DEED OF TRUST, SECURITY AGREEMENT AND , . ASSIGNMENT OF RENTS AND LEASES (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) Reterence Number(s) of Documenll aSSIgned or released: (on page _ of document) FIRST AMERICAN :l \ \ \ CO \. dO'~31,;) u< 'J~~Cl':::'3 ~ G,anto, (5) (Lnst Mme filst, then first name and Imuals) 5/~'Z.~ I HARBOUR HOMES, INC 2 o Addlhonal names on page _ of document Gralltcc(s) (Last Mme first, then tlrst name and Imbals) I US BANK NATIONAL ASSOCIATION 2 o AddltlOMI names on page _ of document Legal descflptlon (abbrcvIDted I e lo~ block, pint or secnon, townshtp, tange) ~ I-\" \ -~"\ ~ lo\A.c..ot e. C'f\cu.J.IuJ-(\ ~ .y Ill! Full legal descnpllon ,9 on page .L of document Assessor's Property Tax ParcellAceount Number(s) !I~3Q~2QQIO~ [ISIl040820041 DOC! 20040414002276.001 4112/04 AMENDMENT TO WASHINGTON DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) 20040414002276.002 HARBOUR HOMES, INC, a Washmgton corporation ("Trustor") and U S BANK NATIONAL ASSOCIATION ("BeneficIary") agree 10 amend the Deed ofTrusl dated as of December 16, 2003 and recorded on December 18, 2003, 10 the records ofKmg County. Washmgton as number 20031218000576 as follows: . (I) The amount of Trustor's Note has been mcreased from $5,092,000 to $6,000,000 and amounts advanced by BenefiCIary to Trustor under the Note may be borrowed, repaId and reborrowed , . (11) The hen of the Deed of Trust IS hereby spread to cover the followmg descnbed real estate 10 Kmg County, Washmgton: the real estate descnbed on ExhIbIt A attached hereto and mcorporated herem by llus reference The Trustor does hereby grant, bargam and sell, mortgage, warrant, convey and confinn, asSIgn, transfer and set over unto the Trustee, Its successors and aSSlgns, m trust, forever, for the benefit ofthe Beneficiary, and modIfies the defimtlon and legal descnptlon of Ihe Mortgaged Property m the Deed of Trust to mclude, the above descnbed property The mlent oflhe partIes hereto IS that the Mortgaged Property secures all Obhgatlons of the Trustor to the Benefictary It IS the mtentlon of the Trustor and the BenefiCIary that the Deed of Trust and thIS Amendment shall be construed as a smgle mstrument and the powers and dulles of the Trustee shall be the same as If the real estate conveyed herem had ongmally been mcluded 10 the Deed of Trust The Trustor hereby acknowledges the receIpt of a copy of thIS Amendment Dated as ofthls /3 day of Apnl, 2004 [ISD040820041 DOC] TRUSTOR: HARBOUR HOMES, INC., a WashIngton corpon}!: ~ Name. Steven D Parker TItle' ChlefFmanctal Officer Page 1 4112104 STATE OF Washington ) ) ss. COUNTY OF King ) BENEFlCIARY: US BANK NATIONAL ASSOCIATION By: due: () .h-Ru& Name Ten D. Sederstrom Title VIce President 20040414002276.003 I certifY that I know or have satisfactory evidence that Steven D Parker IS the person , who appeared before me, and srud person acknowledged that helshe SIgned thIS Instrument, on oath stated that helshe was authonzed to execute the Instrument, and acknowledged It as the ChIef FinancIal Officer of HARBOUR HOMES, INC., a Washmgton corporatJon, to be the free and voluntary act of such party for the uses and purposes menlloned in the Instrument Dated Apnlli,2004 KAREN FRITSVOLD STATE OF WASHINOTOI' NOTARY _.-Puaut MY CDIIM18S1OH l!XPIRE8 0102100'/ (ISB040820041 DOC] (pnnt or stamp nrune of Notary) NOTARY PUBUC In and fOT the State of /,tJ!t , reSIding at· j?""".hvl My appointment expIres' t)/MDi Pase 2 4112104 20040414002276.004 STATE OF WASHINGTON ) ) ss. COUNTYOF~K~I~ng~ ____ _ ) I certify that I know·or have sallsfactory eVIdence that Ten D Sederstrom IS the person who appeared before me, and said person acknowledged that he/she Signed thiS Instrument, on oath stated that he/she was authorized to execute the Instrument, and acknowledged It as the VICe President of U.S. BANK NATIONAL ASSOCIATION, to be the free and voluntary act of such party for the uses and purposes mcnlloned In the Instrument Dated' Aprll1i, 2004 KAREN FRITSVOLD BTAT/! OF WASHINGTO" NOTARY -. -PUBLIC MY COMMISSION EXPIRES 0'''0007 [ISB040820041 DOC] (Signature ofNo\ary) Karen Fritsvold (Pnnt or stamp name of Notary) NOTARY PUBUC In and for the State of Wasiungton, reSidIng at "'R"'e"'nt"'o:un ___ _ My appoIntment expires January 28, 2007 Page 3 4112/04 20040414002276.006 EXHIBIT A . '.'. The folloWIng real estate located In KIng County, WashIngton and descnbed as Lots I through 74, and Tract E of Maureen HIghlands, accoriling to plat recorded November 24, 2003, In Volume 218 of Plats, at page(s) 61 through 67,9 under recordIng no 2003112400 1221 In KIng County, Washmgton and ., . Lot I ofthe CIty of Renton Lot Lme AdJustment No. LUA·03·083·LLA under RecordIng No. 20030924900008, In Kmg County, Washington. together WIth the Improvements (as defined In the Deed of Trust) and any and all easements, nghts of way, hcenses, pnvlleges and appurtenances thereto and any and all leases or other agreements for the use or occupancy thereof, all the rents, Issues and profits or any proceeds therefrom and all secunty depOSIts and any guaranty of a tenant's obhgaltons thereunder and all awards as a result of condemnation, eminent domam or other decrease In value of the real estate and all Insurance and other proceeds of the real estate [158040820041 OOC] Pllgo4 4/13104 ,. This InSlrumenl prepared by and after recording relurn to _IE&~~R9~M ______________ _ ...lLJ! J.N!.K N. A • COLLATERAL PE~ __________ _ P. O. BOX 53'-'0"'8'--____________ _ PORTLAND OR 97228-5308 0608767574 WASHINGTON DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES 20040817002401.001 (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) pranlor(s) HARBOUR HOM!!S.~. ~I",N1",C~. ________________________ _ Grantees u.s. BANK UrA, I AI!!! BenBfigiaN U.g. BANK TRUST COMPANY. N,A'l AQ TruBtoe Legal DescrIption Tract If ManrRAP Highlands. Vol. 218/2g(s) 61-67. 20Q31~001221 --rF~IRS!AMERICAN 9 k\O\;p-s-e, ,I> I "q (Addilional on page 2) Assessor's Tax Parcel or Accounl Number.i!S"'?"'1,:t4aS)!.0)!.0.!!,8lLOlLOQlI.2 ..... ________________ _ Reference Number of documenls aSSigned or released NOT APPLICABLE ThiS Washlnglon Dead of Trusi. Secunly Agreemenl and Asslgnmenl of Renla and Leases(lncludlng Fllcture FIling Under Uniform CommarCial Code) ('Oeed of Trust ") IS made and enlered Inlo by Ihe underSigned borrower(s). guaranlor(s) and/or olher obhgor(s)/pladgor(s) (coliecllVelylhe 'Grentol') In favor of u. g. BANI!: TRUST COMPANY. N. A • • haVing a mallU1g addr.s!!:Nj aN OAIL PORTLJIN!). OR 97204 (Ihe 1'rusteo"). for Ihe benefll of u, S. BANK N. A , (Ihe 'SoneflcIOrY'), •• oflhe dale selforth below ARTICLE I CONVEYANCE/MORTGAGED PROPERTY 1 1 Grant 01 Deed of Trust/Security fnlor.st. IN CONSIDERATIONOF FIVE DOLLARS ($500) cash In hand paid by the Trustee to the Grantor, and Iha finanCial accommodations from Ihe BenefiCiary to the Grantor as descnbod below, the Grantor has bargained, sold, conveyed and conflfmed, and hereby bargains, sells, conveys and conflfm., unto Trustee. Its successors and assigns, for the benefit of tho BeneficlBry, the Morlgaged Property (defined below) to secure all of tho Granlo~s Obllga"ons (defined below) to the BenellClary The Intenl at the parties hereto IS that the Mortgaged Property secures all Obllga"on. of the Grantor to the BenefiCiary, whether now or hereafter oXlstlng. betwaen the Grentor and Ihe Beneflclaryor In favor of the Beneflclary,lncludlng, Without IImllatlon, the Note (as herein defined) and, excepl as otherwise specifically provided herein, any loan agreemenl, guaranty, mortgage, truBt desd. lease or Olher agreemenl. documenl or Instrument, whelher or nol enumerated herein, which speCIfically eVidences or secures any of the Indebtedness eVidenced by tho Nato (togelher and Individually, Ihe 'Loen Documenls') The parlles further Intend Ihat thiS Deed of Trust shall operate aa a aecunty agreement w<th respeci to those portions of Ihe Morlgaged Property which are sublect 10 Article 9 ot the Uniform CommerCial Code 1 2 'MortgagedProporty"means all of Ihe follOWing. whothornow ownod or eXisting or hereafteracqulred by the Grantor, wherever iocated all the roal eslate descnbed bolow or In Exhibit A attached hereto (tho "Loner), together With all bUildings, structures,slandlng Ilmbor,llmber 10 be cui, fixtures, eqUipment, Invenlory and furnishings usad In connecllon with the Land and Improvements, all matenals. contracts, draWings and personal property relating to any construction on the Land. and all olher Improvements now or hereafter constructed, affixed or located thereon (the 'Improvements') (tho Land and the Improvemenls collechvely Ihe 'Premises"), TOGETHER With any and all oasements.nghts·of·waY,hcensos,pnvlieges, and appurtenancesthereto,and any and aU leases or other agreemenls lor the use or occupancy 01 the Premises, an the renls, Issues, profits or any proceeds thorefrom and all secur<ty deposits and any guaranty of a lenant's obligations thereunder (collectively the "Rents"), all awards as a result of 17t4DWA GUB bancorp 2001 Bl Page 1 0'9 6/03 20040817002401.002 condemnallon. emlnenl domain or 01 her docrease In value of Ihe Premises and all Insurance and olher proceeds of Ihe Premises The Land IS described as follows (or In Exhibit A hereto If the desCrlpllon does not eppear below) Tract I of Maureen H1ghlands. according to plat recorded November 24, 1n Volume 21B of Plats at Pagers) 61 through 67, under Record1ng No. 20031124001221, 1n R1ng County, Washington. Part~al Reloasel 2003 ~ANK HEREBY CONSENTS TO SALE OF INDIVIDUAL LOTS ON SAID PROPERTY AND AGREES TO EXECUTE PARTIAL RELEASES OF THB LIEN OF THIS DEED OF TRUST UPON THE POLLOWING CONDITIONS FOR EACH PARTIAL RECONVEYANCE. (A) BANK SHALL HAVE RECEIVED PAYMENT OF THE OUTSTANDING PRINCIPAL BALANCE AND ALL FEES RELATED TO A SPECIFIC SITE, AND (~) GRANTOR SHALL NOT BE IN DBFAULT UNDER THIS DEED OF TRUST OR ANY OF THE LOAN INSTRUMENTS. 1 3 'ObligstlonS' moans aliloan8 by Ihe Beneflclarylo HARBOUR HOMES. INC. ___________________ 'ncludlng those loans eVidenced by a note or noles dated _0!!.B!!./L1!,!0~/l!0~4L ______________________ • In Ihe Imllal prinCipal amounl(s) of $5 .. 355.000.00 and any exlenslOns, renewals. restatemenlsand mod,flcallOns Ihereof and all prmclpal, Inlerest, fees and expenses relallng therelo (the "Note'). and also means all the Grantor's debts, flabilitles, obllgallons, covenants, warranlles,and dulles 10 Ihe Beneflcmry, whether now or herealler eXlsllng or Incurred, whelher liqUidated or unflqUidated, whether absolute or conllngenl, which anse out of the Loan Documenls; and pnnClpal, Interesl, fees, expenses end charges relal.,gto any of the foregOing. including, Without limitation, costs and expenses of collection and enforcement of Ihls Deed of Trust, and atiorneys' fees of both InSide and oulslde counsel The ",terasl rale and maturlly of such Obligations ere es deSCribed In the documents creating Ihe Indebledness secured hereby 1 4 Homestead The Ihe homesteed of the Granlor II so, the Grantor releases end waIVes all nghls under and by virtue of Ihe homeslead exempllon laws ollhe Slate of Washington 1 5 Deed of Trust Secures Commerciol Loan The Grantor and Ihe Benellclary hereby agree thai Ihe Obflgabons secured by thiS Deed of Trusl conslrtute a commercial loan and ora nol mado pnmanly for personal, family or household purposes 1 B Mortgaged Property Not Agricultural Property. The Granlor hereby represents and warrants that the Mortgaged Property IS nol used pnmanly for agncullural purposes 1 7 Deed of Trust Doe_ Not Secure Envlronmentallndemm"es NotWllhstandlng anything to the contrary set forth herein or In any olher Loan Document, thiS Deed of Trust shall nol secure the obtlgatlons of the Grantor or any other Obligor under Ihal cerlaln Unsecured Real Estate EnVilonmenlallndemOliy daled as of even dale hereWith made by the Granlonn favor 01 tho Bonef,c,ary(the "Envl/onmentallndemmty Agroemenr) or the substanllBleqUivalentol the obligations erl.,ng under the EnVIronmental Indemnity Agreement All of such obligations (and the substantial eqUivalsnts Ihereof) shall constlMethe separate, unsecured, full recours. obligallons of Ihe Grantor and any other obligor Identified Ihereln and shall nOI be deemed to be eVidenced by the Note or secured by thiS Deed of Trusl 1 8 ConstructIOn Loan [&J If checked here, thiS Deed oITrust securos an obligation Incurred for Ihe constructIOn of an If11provement on land, including Ihe acquIsition cosl of Ihe land ARTICLE II. WARRANTIES AND COVENANTS In addition to all othor warranlles and covenants of the Granlor under Ihe Loan Documenls whICh are expressly Incorporaled herein as part of Ihls Deed of Trust, Including Ihe covenanlS to pay and perform all Obligations, and whllo any pari of Iha credll granled Ihe Granlor under Ihe Loan DooumenlS IS available or any Obllgallons of Ihe Granlor 10 Ihe BenefiCiary are unpaid or outstanding, the Granlor continuously warrants to Ihe BenefiCiary and Ihe TrUBlee and agree_ as follows 2.1 Warranty of T,tle/Posse.Blon The Grantorwarmntsthatlt has sale and excluBNe hUe 10 and possession 01 the Premises, excepting only the follOWing 'Permlned Encumbrances' restncllOns and easemenls of record, and toning ordinance. (the lerm. of whICh ara and Will be complied WIth, and In tha case of easements, are and WID be kept freo of encroachments),taxesand assessmenlsnot yet dua and payable and Ihose Permitted Encumbrances .el forth on Exhibit B attached herelo (except Ihat If no Exhrbit B IS aUachad, Ihere Will be no additional Permilled Encumbrences) The hen of thiS Deed of Trust, subJect only to Permltiad Encumbrancos, IS and Will continua to be a 17t4DWA Pags 2 of 9 20040817002401.003 valid firsl and only hen upon all of Ihe Mortgeged Properly 2.2 Malnlenance; Wasle, Allerallon. The Greniorwill maintain Iho Premises In good and lenanlable condilion and will res lore Dr replace damaged Dr deslroyed Improvomenls wllh Ilems 01 al leasl equal ullhly and value The Granlor WIll nol commil Dr permll wasle 10 be commlttad on Ihe Premises The Granlor Will nol remove, demolish or malenally aller any pari 01 Ihe Premises wllhoul Ihe Benellcoary's pnor wntten consenl, excepl Ihe Granlor may remove a IlXlure. prOVided Ihe Ilxlure IS promplly replaced Wllh anolher flXlure 01 al leasl equal uillily Tho replacemenl fixlure Will be sublecllo Iho prlOnly lien and secunly oflhls Deed of Trusl 2 3 Transler and Lions The Granlor Will nol, wllhoullhe pnor wrillen consenl 01 Ihe BenefiCiary, which may be wllhheld In Ihe Benellclary's sale and absolula dlSCrolion, ellher volunlarlly or Involunlanly (a) sell, assign, lease or Iransler, or permilio bo sold, aSSigned, leased or transferred. any pari 01 Ihe Premises, or any Inleresllhereln, or (b) pledge Dr olherwoae encumber, creale or perrO/I 10 eXial any mMgage, pledge, lien or claim lor lien or encumbrance upon any pari 01 the Premises or Inleresl Ihereln, excepl lor Ihe Permilled Encumbrances Benellclary has nol consenled and Will nol consonllO any conlracl or 10 any work or 10 Ihe furnlshong 01 any malonals which mlghl be deemed 10 crealo a lien or liena Supenor 10 Ihe loan 01 Ihls Deed 01 Trusl 2 4 Escrow Aller wlillen requesltrom Ihe Beneficlary,lhe Granlor Win pay to Ihe BenellClary sulfiClenl lunds al such time as Ihe BenellCiary designates, 10 pay (a) Ihe esllmaled annual real eslale taxes and assessments on the Premises. and (b) all properly or hazard Insurance premiums when due Inlerestwlli nol be paid by the Benellclaryon any escrowed funds Escrowed lunds may be commingled wllh olher lunds 01 Ihe Beneflcl8ry All escrowed lunds are hereby pledged as additional seculily lor the Obligations 25 Texes, As •••• ments and Charges To Ihe exlent not pBld to Ihe BenehclOryunder 2 4 above, the Grantor Will pay before they become delinquent all tsxes, assessments and other charges now or herealterlevled or ass.ssed agBlnsllhe Premlses,agslnst the Banellclarybased upon Ihls Deed of Trust or the Obligallons secured by thiS Deed 01 Trust, or upon the Benel,Clary's Inlorest on the Premises, and delIVer to the BenefiCiary recolpts shOWing Ilmely payment 2 6 Insurance The Grantor Will contonually onsure the Premises against such peniS or hazards es the BenefiCiary may reqUire, In amounts, With acceptable CO'lnsurance prOVISions, nolless than the unpaid balance 01 Ihe Obligallons or Ihe lull replacement value 01 the Improvements, whichever IS less The poliCies Will contain an agreement by each Insurer Ihal the polICY Will not be termmated or medilled Wlthoul al least Ihilly (30) days' pnor wntten notice to Ihe Benoliclary and Will can lain a mortgage clause acceptable 10 the BenefiCiary, and the Grantor Will take such 01 her aClIon as Ihe BenefiCiary may reesonably request to ensure Ihal the BenefiCiary Will receIVe (sub,ect to no olher Interesls)lhe Insurance proceeds from the Improvements The Grantor hereby assigns all InSurance proceedS to and Irrevocebly directs, while any Obhgalions remain unpOid, any Insurer 10 pay to Ihe BenefICiary Iha proceeds 01 all such Insurance and any premium relund, and authonzesthe BenellClarylo endorse the Grantor's name 10 etJecllhe same, 10 make, adlust or s.Ule, on the Granlor's name, any claim on any Insurance polICY relaling to the PremISes The proceeds and relunds Will be applied In such manner as the BenehClary, In liS sale and absolute discretion, determines to rebUildong 01 the Premises or to paymenl 01 Ihe Obligallon., whelher or not Ihen due and payable 2 7 Condemnation Any compensation received for the taking of the Premlsos. or any part thereol. by a condemnalion proceeding (Including paymenta In compromise 01 condemnation proceedings), and all compensallon r.c.,v.d es damag.s lor Inlury to the Premises, or any part thereol, shall be applied on such manner as Ihe Benel,c,ary. In liS sale and absolUie dlscrelion, delermlnes 10 rebUilding 01 the Premises or to payment 01 the Obligations, whelher or nellhen due and payable 2 8 ASSignments. The Grentorwlli not assign, In wholo or In part, Without Ihe Benellclary'spllor wroUen consent, Ihe renls, Issues or prohls aroslng Irom Ihe Premises 2 9 Right otlnspeclion The BenellClarymay at all reasonable times enlor and Inspectthe Premises 2.10 Waivers by Grantor To Ihe greatesl extenl that such lights may then be lawfully walVed,lhe Grantor hereby agrees lor Itself and any persons clmmlng under the Deed of Trust thalli will waive and WIll nol, at any lime, InSist upon or plead or In any mannor whotsoeverclolm or lake any bonellt or advantage 01 (a) any exemption, stey, extensIOn or moralorlum law now or at any lime hereollenn lorce, (b) any law now or hereallelln lorce prOViding lor Ihe valuation or appralsemenl 01 Ihe Premises or any part Ihereof pnor to any sala or sales Ihereol 10 be made pursuanl to any prOVISion herein conlalned or purauant to the decree, ludgment or ardor 01 any court 01 competent lunsdlcllon, (c) 10 Ihe exlenl permlUed by law, any law now or at any lime hereallermade or enacted granting a nghl 10 redeem Irom loreclosure or any other nghls 01 rademptlon In connecllon With loreclosure aI, or exercise 01 any powor 01 sale under,lhls Deed 01 Trust, (d) any staluleol limllalions now or at any lime herealleron lorce, or (e) any nght to requlle marshalling 01 assols by lhe BenellCoary 1714DWA Psge3019 20040817002401.004 .. 2.11 AssIgnment of Rents and L.os.s The Grantor assigns and translers to Ihe BenefiCiary, as admllonal so<:urlty lor tho Obhgallons, all nght, title and Interest ollho Granlorm and to oilioasos which now eXist or herealler may be executed by or on bohall of the Grantor coveTln9 the Premises and any extensions or renewals thereol logether with all Renls, It being Inlended Ihal thiS IS an absolute and presenl aSSl!Jnmenl of the Rents Nolwllhslandmg Ihat Ihls asslgnmenl consiliules a present assignment of leeses and renlS, Iho Granlor may colleel the Rent. and manage the Premises, but only If and so long as a delault has not occurred If a default occurs, the fIght of Grentor to collect the Rents and to manage Ihe Premlses.hall thereupon automatically terminate and such nght, together wllh other flghls, powers and aulhonzatlOna conlamed herein, shall belong exclusIVely 10 Ihe BenefiCiary ThiS asslgnmenl conlers upon Ihe BenefiCiary a power coupled Wllh an mleresl and cannol be revoked by Ihe Grantor Upon Ihe occurrence 01 a defaull,lhe BeneflClary,allls ophon wllhoUI nohce and wllhoul seeking or oblalnmg Ihe apPolnlmenl 01 a receiver or lakmg aclual possesSion of Ihe PremISes may (a) glvo nollce 10 any lenanl(s)lhallho lenanl(s) should begin making paymenls under Iheillease agreemenl(s)dlleclly 10 Iha BenefiCiary or •• deSignee, (b) commence a foreclosure aClion and file a mollon for apPolnlmenl of a receiver, or (c) gIVe nollce 10 Ihe Granlor Ihallha Granlor should collecl all Renls anslng from Ihe Premises and ramll Ihem 10 Iho Banahclary upon oolleollon and Ihallhe Granlorshould anforce Iha lerms of Ihe lease(s) 10 ensure prompt paymenl by lenanl(s) under Ihe lease(s) AU Renls received by Iho Granlor shall be held In Irusl by Ihe Oranlor for Ihe BenefiCiary All such payments receIVed by Ihe BenefiCIary may be applied In sny manner as Ihe BenefiCiary delermlnes 10 paymenls . ,eHulred under thiS Deed of Trusl,lhe Loan Documenls and Ihe Obhgsllons The Granlor agrees 10 hold each lenanl harmle.s from acllons relallng 10 lenonl's paymenl 01 Renlslo Ihe BenefiCiary 2 12 FIxture Flhng From Ihe dale of liS recording, Ihls Deed of Truslshall be effecllVeas a finanCing slalemenl hied as a flxlure filing under Ihe Umform Commercial Code wllh respeello Ihe Improvemenls and for IhlS purpose Ihe name and address of Ihe deblor IS Ihe name and address of Ihe Oranlor as sellMh In Ihls Deed of Trusl and Ihe name and sddress of Ihe secured parly IS Ihe name and addre.s of Ihe BenefiCiary as sel forth In Ihls Deed 01 Trusl The Mortgsged Properly Includes goods which are or may become so alflxed to real property as 10 become hxlures II any of Ihe Mortgaged Property IS 01 a nalUre such Ihal a secunly Inleresllhereln can be perfecled under Ihe Umform CommerCial Code, thiS Deed of Truslshall also conshlule Ihe granl of a secunly Inleresllo tho BenefICiary and serve ee a Secunly Agreemenl, and Granlor aulhonzes Ihe flhng of any financing slalemonlS and agrees 10 execule olher Inslrumenls Ihat may be reqUired for Ihe further speclflcallon, perlecllon or renewat of such security Inleresl ARTICLE III. RIGHTS AND DUTIES OF THE BENEFICIARY In addl"on 10 all olher IIghls (Including seloff) and duties of Ihe BenefiCiary under Ihe Loan Documenls whiCh are expressly Incorporaled herein as a part of thiS Deed 01 Trusl, Ihe foUowing provIsions Will also apply 3 I BenefiCiary Authorlzedto Perform for Grantor. If Ihe Granlor falls 10 perform any of Iho Grenlor's dulles or covenanls sel forth In Ih,s Deod of Trusl,lhe BenefiCiary may perform Ihe dulles or cause Ihem 10 be performed, Including, WIthout limitatIOn. ~ngnlng tho Grantor's name or paying any amount so requlf9d, and the cost, With Interest . at lhe dofault rale sellorlh In Ihe Loan Documents, wdllmmedlalely be due from Ihe Granlor 10 Ihe BenefiCiary from Ihe dale of expend,lure by Ihe BenefiCIary 10 dale of paymonl by Ihe Grantor, and Will be one of Ihe Obllgahons secured by Ihls Deed of Trusl All ecle by Ihe BenefiCiary ara hereby rBllfled and approved, and the BenefiCiary Will nol be bable for any acls of commission or omiSSion, nor for any errors at Judgment or mlslakes of facl or law ARTICLE IV DEFAULTS AND REMEDIES The BenefiCiary may enforce 118 rlghle and remedies under Ihls Deed of Trusl upon defaull A defaull WIll occur II IheGra",orfBils 10 comply wllh Ihe IGrmsof any Loen Documenl. (Including Ihls Deed of Trusl or any guaranlyby Ihe Granlor) or a domand for paymenl IS mada under a demand loan, or Ihe Granlor defaulls on any olher morlgage affeel"'g the Land, or If any olhor obt,gor falls 10 comply Wllh Ihe lerms of any Loan Documents for which Ihe Granlor hes gIVen the BenefICiary a guaranty or pledga, or If Ihere ehall be a defautl under the Unsecured Real Eslale EnvIJonmenlat Indemmly of even dale horewllh by Borrower or any olher Indem",lor Identified Ihereln Upon Ihe occurrence of a default, then subJeel only 10 any slalules confelrlng upon Ihe Granlor the nghl 10 nollce and en opportunity 10 cure, Ihe Beneflolliry may declarelhe Obhgahonslo be Immedlalely due and payable 4 I Remedies In addlhon to Ihe ramedles for defaull sel forth below and In Ihe olher Loan Documenls, Inctudlng accelerallon,lhe Beneflclaryupon defaull win have an olher nghls and remedies for defautl available by law or eqully Upon a defaull, BenefiCiary may exerCIS. Ihe follOWing remedl.s (a) Enforcement of ASSignment of Rent. nnd Leases To Ihe fullest exlenl pormilled by applicable law, BenefiCiary may (I) lermln8lelhe license granled 10 Grantor 10 collecllhe Renls (regardless of wholher BenefiCiary or Truslee 1714DWA Paga 4 019 200408170024~ .. shall have enlered Inlo possession 01 the Mortgaged Property), collect and sue lor Ihe Renls 10 Beneficiary's own nama, give recelpls and releases theralor, and alter deducting all expenses 01 collecllOn, Including reasonable allorneys' lees, apply Ihe nat proceeds Ihereollo any Obllgallons as BenellClary may elecl, (II) make, modlly, enlorce, cancel or accepl surrender 01 any leases, eV1C1 tenanls, ad,ust Renls, malnlaln, decorate, refurbish, repair, clean, and make spaco ready tor renting. and alhorwisedo anything BeneflcIBry,eason~ ably deems advISable In connecllon with Ihe Morlgaged Properly, (III) apply the Renls so collecled 10 Ihe operation and managoment 01 the Mortgaged Properly, Including Ihe payment 01 reasonable managemenl, brokerage and allorneys' lees, or to the Obhgallons, and (IV) reqUire Granlor to translsr and dehver possesSion 01 all security depOSits and records thereol to BenellClary (b) Power 01 Salo BenellCiarymay reqUire Ihe Trustee,and Ihe Trustee IS heseby authonzed and empowered, to enter and take possession 01 the Premises and to sell all or pert 01 the Mortgaged Properly, at pubhc aucllon, 10 Ihe highest bidder lor cash or such eqUivalent lorm 01 payment as may be permll/ed by applICable law, Iree Irom eqUi/y 01 redempllon, and any statulory or common law nght 01 redempllon, homestead, dower, manlal share, and all olher exempllons, aflerglVlng notice 01 Ihe lime, place and lermsol such sale and 01 Ihe Mortgaged Properlylo ba sold, by advertiSing Ihe sale 01 Ihe properly In such manner and at such limes as may be reqUired by applICable law The Trusleoshall execute. conveyancD 10 Ihe purchaser conveYing 10 Ihe purchasar all the light, tl/le and Interest In Ihe real and parsonal properly sold al Ihe Iruslee's sale which Ihe Granlor had or had power 10 convey allhe lime 01 execution at Ihls Deed 01 Trusl and such nghl, IllIe and mteresl therein as Ihe Granlor may havelhereefieracqUlrGd, and Ihe Truslee shall dehver possession 10 Ihe purchaser, which Ihe Granlor warrants shall be given wllhoul obstrucllOn, hindrance or deley To Ihe oxtenl permitted by appllceble law, the Trustee may sell all or any portIOn 01 Ihe Morlgaged Property,logelher or In lois or parcels, and may execule snd debver to the purchaser or purchasers 01 such property B conveyance as deSCribed above The Truslse shall receive the proceeds thereol and shall apply tho same as follows (a) IIrSI, the expense 01 the sale, Including a reasonable charge by the Truslee and by hiS or her altorneys, (b) socond, 10 Iho payment 01 Ihe Obllga"on. hersm secured, In such order as BenellClary shall elect, and 10 Ihe exlenl permilled by applicable law any balance 01 said Obligations may be the sub,eci 01 Immediate sUII, and (c) Ihlrd, should Ihere be any surplus, Trustee will deposil such surplus, II anY,less the clerk's filing lee, Wllh Ihe clerk 01 Ihe supener court 01 the counly In which Ihe sale took place To Ihe exlenl permlltodby applicable law, the sale or salos by Tlusteool less than the whole 01 Ihe Morlgaged Property shaD not exhausl the power 01 sale herein granled, and Ihe Trustee IS speClllcally empowered 10 make successive sales under such power unlll Ihe whole 01 the Mortgaged Property shall be sold, and It the proceeds 01 such sale or sales of less than the whole 01 Ihe PremISes shall be lesslhan the aggregate 01 the Obllgallons and the expenses thereol, thiS Deed 01 Trust snd Ihe hen, secunly Inleresland assignment hereol shall remain In lull lorce and eltect as to Ihe unsold portIOn 01 Ihe Morlgaged Properly, prOVided, however,lhal Granlor shall naver have any nght 10 reqUile Ihe sale or aales 01 less Ihan Ihe whole 01 the Morlgaged Properly, but BenellClary shall havelhe nght al liS sale election, 10 requost Ihe Trustee to sell less Ihan Ihe whole 01 Ihe Mortgaged Property BenefICiary may bid and become the purchaser of all or any part 01 the Morlgaged Property al any such sale, and the amounl 01 BenefiCiary's successlul bid may be credlled on Ihe Obllgallons (c) JudlclOl and Other Rellel Bonoflclaryor Trustee mey proceed by e SUlI or SUIIS In oqUily or at law, whether lor the specilic perlormance of any covenant or agreement herein conlalned or In aid 01 the execution 01 any power herein granted, or lor any loreclosure hereunder or lor Ihe sale 01 Ihe Mortgaged Property under Ihe ludgmenl or docree 01 any court or courts at competent ,urlSdlc"on (d) Entryon Premises, Tenoncyal Wllf (I) Benehclarymay enler Inlo and upon and lake possession 01 all or any part ollhe Mortgaged Property, and may exclude Granlor, and all persons cl8lmlng under Granlor, and ItS agenls or servants, wholly or parlly therelrom, and, holding Ihe same, Benellclary may use, admlmster, manage, operale, and control the Morlgaged Property and may exercise all nghls and powers 01 Grantor," the name, place and stead 01 Grantor, or olherwlse, as the BenefiCiary shall deem best, and In the exerCise 01 any at Ihe loregolng nghls and powers Benellclary shall not bo hable 10 Granlor lor any loss or damage Ihereby sustelned unless due solely 10 Ihe Willful misconduct or gross negllgenco 01 Benoflclary (II) In the event 01 a Iruslee'sor olher loreclosure sale hereunder and It at Ihe time at such sale Granloror any olher party (01 her Ihan a ten ani under a Leaso as to which Ihe Benaflclary shall have expressly subordmeled Ihe hen 01 thiS Deed 01 Trusl as hereinabove sel out) occupies Ihe porllon 01 the Mortgaged Property so sold or any part Ihereol, such occupanl shall on Ihe Iwenllelh day afler Ihe sale become Ihe lenanl 01 the purchaser al such sale, which lonancy, unless olherwlSe reqUired by applICable law, shall be a lenancy Irom day to day,lermlnable at Iho will 1714DWA PagoSol9 20040817002401.006 of such purchaser,al a reasonable renlalper day based upon Ihe value of the portion of Ihe Premises so occupied (but nol less Ihan any renlal Iherelofore paid by such lenanl, compuled on a dally besls) An aclion of forcible delalner shall lie If any such lenant holds over a demand In wnling for possession of such portion of Ihe Premises (e) Receiver Beneficiary may make applicallon to a court of compelenl junsdlcllon, as a mallar of slncl nghl and wllhoul nOlice 10 Granlor or regard to Ihe adequacy of Ihe Mortgaged Property lor Ihe repaymenl 01 Ihe Obhgahons, for apPolnlmenl of a recelverol Ihe Morlgaged Property,and Granlordoes hereby Ifrevocablyconsenllo such appolnlmenl Any such receiver shall have all necessary and proper powers ond dUlles of receivers In Similar casos,lncludlng Ihe full power 10 renl, maintain and otherwise operato the Mortgaged Property upon such lerms as may be approved by Ihe court (I) Remedies Cumulative, Concurrent and NonexclUSive If lhe Obhgalions are now or hereafter lurther secured by challel morlgages, olher deeds of trust, secunly agreemenls,pledges, contracts of guaranty, asslgnmenls of loases, or other securlly, then 10 the fullest extent permitted by applicable law, Beneficiary may, at liS oplion, exhaust Its remedies under anyone or more of said Instruments and Ihls Deed of Trust, elthor concurrently or Independanlly, and In such order as Beneficiary may datermlne Beneficiary shall have all nghts, remedies and recourses granted In Ihe Loan Documents and available to It at law or eqUity (Including, without limitation, Ihose granled by the Uniform Commercial Code), and to Ihe fullest extent permitted by applicabte law, same (a) shall be cumulative, concurrent, and nonexclUSIVe, (b) may be pursuod separately, succeSSiVely or concurrently against Granloror olhers obtlgated lor the Obligations, or any part thereof or against anyone or more of them, or agOlnst the Mortgaged ProperlY, al tho sole dlscrellon of BenellClary, and (c) may bo exorCised as allen as OCCasion Iheroforshalt anse, It bemg agreed by Grantorthallhe exerCise of or failure to exerCise any of same sholl In no ovent be conslrued as a waiver or release Ihereof or of any other nght, romedy or recourse (g) Walvar by the BenefiCiary The BeneflCiarymay permillhe Grantorlo attempt to remedy any default Without waiving Its nghts and remedies hereunder, and the BeneficlBry may waive any default Without waiving any olher subsequent or pnor default by the Gmntor Furthenmore, delay on the part of Ihe BenefICiary In exercIsing any nght, power or prIVIlege hareunder or at law Win not operate ae a waiver thereof, nor Will any Single or partial exerCise of such nght, power or prlvllage preclude other exarclsethereof or the exercise of any other nght, power or prlVllage No waiver or suspenSion Will be deemed to have occurred untess the BenefiCiary has expressly agreed In wnbng speCifying such WaiVer or suspension (h) Attorneys' Foe. and Othor Coats Attorneys' fees and olher costs Incurred In conneclion Wllh thiS Deed of Trust (ncludlng Without limitation, the cost of any appralsat whICh may be oblomed In conjunction With any foreclosure or defiCiancy tudgment proceedings) may be recovered by the Boneflcl8ry and ,"cluded In any sate made hereunder or by Judgmont of foreclosure ARTICLE V. TRUSTEE 5 1 Achon by Trustee Tho Trustee named herein ahan be clothed With fult power to act when aCllOn hereunder shall be reqUired, and to execute any conveyance of the Mortgaged Property In the eventthatthe subSI"ullonof the Trustee shall become necessaryfor any reason, the substltulion of a lrustoeln Ihe place of thaI named herein shalt be suffiCient The lerm 'Truslee'shall be construed to mean "Trustees'whenever Ihe sense reqUiras The necessity of the Trustee herein named, or any successor In trusl, making oath or gIVIng bond, IS expressly waiVed 5.2 Employment of Agents, The Trustee,or eny one acting In It's stead, shall hove, In Irs discretion, aulhorlty 10 employ alt property agents and attorneys In the execution of thiS trust andlor m the conducllng of any saiD made pursuant to tha lerms hareof, and to pay for such seMees rendered out of the proceeds of tho sale of the Morlgaged Property, should any be realized, and If no sale be made or If Ihe proceeds of sale be msufflclent 10 pay the same, then, to the fullest extent permitted by applicable law, Granlor heraby undertakes and agrees 10 pay the cost of such sorvlces rendered to said Trustee Trustee may rely on any document beheved by It In good faith 10 be genUine All money received by Iho Truslee shan, until used or applied as haroln prOVided, ba hold In trust, but need not be segregated (except 10 the extenl reqUired by law), and the Truotee shall not be liablo for Interest thereon 6 3 Indemmlicalion of Trustee II the Trustee shelt be made a party to or shall Intervane In any aclion or proceedmg affecling the Mortgaged Properly or the title thereto, or the Intarest of the Trusteeor BeneficlBry under thiS Deed of Trust, the Trusteeand BenefiCiary shall be reimbursed by Grantor, Immediately and wlthoul demand, for all reasonable costs, charges and attorneys' faes Incurred by them or OIIher of them In any such case, and the same shall be secured hereby as a further charge and lien upon Ihe Mortgaged Property 5 4 Successor Trustee In the event of the death, relusal, or of Inability for any cause, on the part 01 the Trustee named herein, or of any successortrusteo,to act at any tlmewhan aclion under the forgOing powers and trust may bo required, or for any olher reason salisfactoryto the BenefiCiary, Ihe BenefiCiary IS authonzed, ellherln ItS own name or 1714DWA Psge 6 019 20040817002401.007 through an attorney or attorneys In lact appointed lor that purpose, by wTltten Instrument duty recorded. 10 name, subslltute and appomt a successor or successors to execute this trust; such appointment to be eVidenced by Willing, duty acknowledged, and when such writing shall have been recorded In each county In which the Land IS tocated, the subsUtuled Iruslee named Ihoreln shall thereupon be vested wllh alilhe IIghl and title. and ctothed With alilhe power 01 Ihe Trusteonamed herein and such like power 01 substitution shall continue so long as any part 01 Ihe debt secured hereby remams unpaid Any successor Truslee mey be replaced. at Ihe option of Ihe Beneficiary, by Ihe onglnat Trustee or a successor Trustee prevIously replaced. each such subslitutlon to be made as herein prOVided ARTICLE VI. MISCELLANEOUS In add"'on to all olher miscellaneous provIsions under the Loan Documents which are expresslymcorporated as a part 01 Ihls Deed of Trust, Ihe follOWing provIsions will also apply 6 1 Term of Deed of Trust ThiS Deed 01 Trust shall conlinue In lull loreo and olleci untilihe Mortgaged Property has been reconveyed by the Truslee 62 Trmo of the Essence Time IS 01 the essencowlth respecl to payment 01 Ihe Obllgalions, the performance 01 all covenenls 01 Ihe Granlor and Ihe paymenl 01 la,es, assessmenls, and Similar chargos and Insuranca premiums 6 3 Subrogation. The BenefiCiary Will be subrogaled to Ihe lien 01 any mortgage or other Iten discharged, In whole or In pari. by Ihe proceeds 01 Ihe NOle or olher advances by Ihe BenollClsry,ln which evenl any sums olherwlse advanced by Ihe Beneltclary. shall be Immedlalely due and payable, Wllh IOleresl al Ihe dolault rale sel lorlh In Ihe Loan Documenls tram the dale 01 advance by Ihe Benellclarylo Ihe dale 01 paymenl by the Granlor.and Will be one of Ihe Obllgalions sacured by Ih,s Deed of TruSI 6 4 ChOice 01 Law ThiS Deed 01 Trusl Will be governed by Ihe lawa 01 Ihe stale In which Ihe Morlgaged Properly IS located For all other purposes, Ihe chalCO at law specIfied In Ihe Loan Documenls Will govom 65 Sovarability Invahdlly or unenlorceabllilyol any provIsion 01 Ih,s Deed 01 Trusl shall not alfecllhe valldlly or enlorceabillty 01 any olher prOVISion 6 6 EnlITeAgroement ThiS Deed of TrusllS Inlended by Ihe Granlor and the Beneltclary as a lmal expression 01 Ihls Deed of Trusl and as a complele and exclUSive sialemeni of liS terms, Ihere bemg no condilions 10 tho lull ellecliveness 01 Ih,s Deed 01 TruSI No parol eVidence 01 any nature shall be used 10 supplomenl or modlly any lerms 67 JOIOI Llabllity,Succossor. and ASSigns II Ihere IS more Ihan one Granlor.lhe Ilablilly 01 Ihe Granlorswtll be lOin I and sovoral, and Iho relerencelo 'Granlor'shall bo deemed 10 relerlO each Granlor and 10 all Granlors The rlghls, opllons. powers and remedies gran led In Ihls Deed of Trusl and Ihe olher Loan Documents shall ex lend 10 Ihe Beneltclsryand to liS successors and 8ssigns, shan be binding upon the Granlor and 119 successors and assigns. and shall be appllcablo herelo and 10 all renewals, amendmenls andlor extensions hereol 68 IndemnlflcDtlon. Excepl for harm anslng Irom Ihe Benellclary's or Ihe Truslee's wlillul mlsconducl, Ihe Granlor hereby IndemOlf,es and agrees to deland and hold Ihe BeneilCiaryand Ihe Trualoe harmless Irom any and all losses, cosls, damages, claims and expenses (,"cludlng, Wllhoulltmllatlon, aliorneys'lees and expenses) 01 any kind sullered by or assorled against the Beneflclery or Ihe Truslee relaling 10 claims by th"d parties arISing Oul 01 Ihe finanCing provided under Ihe Loan Documenls or relaled 10 Ihe Morlgaged Property excepllng Ihe BeneilClary's falluro 10 perlorm liS obligallons under Ihe Reat Eslale EnVITonmenlallndemnlly Agreemenl or Ihe exerCise by Ihe Bonef"lIBTY or Ihe Trusleo at any 01 Ih9IT raspecllve powers. nghls and remedies under Ih,s Dead of Trusl To Ihe lullesl extenl permlttod by applicable law, Ih,s IndemnillCallOn and hold harmless provIsion Will survive Ihe lermtnaliOn 01 Ihe Loan Documenls and tho sallslaclion of Ih,s Deed 01 Trusl and Obl,galions due Ihe Benellclary 69 Nollces Excepl as olherwlse provided by appllcsble law, nollCO of any rocord shall be deemed deltvered when Ihe record has been (a) deposlled In Ihe Untted Stales Mall, poslage pre-paid, (b) received by overnlghl delIVery service, (c) received by Ielex, (d) received by lelecopy, (e) received Ihrough Ihe Inlernel, or (I) when personally dellvored 6.10 Release of Rights of Dower, Homestead and Distributive Share. Each of Ihe underSigned hereby relinqUishes all nghls 01 dower, homestead and dlSlrlbullve share In and 10 Ihe Morlgaged Property and waIVes sll IIghls 01 exempllon as 10 any of Ihe Morlgaged Properly 6 11 Copy The Granlorhereby acknowledges Ihe recelpl 01 a copy 01 Ih,s Deed 01 Trusl.logelher wllh a copy 01 each promissory nole secured hereby, and all olher documents execUled by Ihe Granlor In connocllon herowllh 612 Usury Savmgs Clause. NotwlthslandIOg anylh,ng herein or In Ihe NOle 10 Ihe contrary. no provIsion contamed herem or In the Note which purports 10 obligate the Granlorto pay any amount of Interest or any feoa,eesls or expenses which are 10 excess of Ihe maximum pormltted by applicablo law, shall be ettecllVe 10 Ihe exl.nllhalll 1714DWA Psg. 7 01 9 20040817002401.008 calls for Ihe paymenl of any Interostor olher sums In excess of such maXimum Allagreemenlsbelween the Granlor snd Ihe Beneflclary.whelher now eXlsllng or hereaflerarlslng and whetherwrillen or oral. are hereby limited so Ihatln no conllngency, whelher by reason of demand for paymenl of or accelerallon of Ihe maturlly of any of the Indebtedness secured hereby or olherwlSe, shalilhe Inlerestcontracled for, charged or received by the BenefiCiary exceed the maximum amount permISsible under applicable law If, from any clrcumstancewhalsoever, Interest would otherwISe be payable 10 the BenefiCiary In excess of the maximum lawfUl amount, Ihe Inlerest payable to Ihe BenefiCiary shall be reduced 10 Ihe mexlmum amounl permilled under applicable law, and If from any circumstance Ihe BenefiCiary shell ever receIVe anything of value deemed Interest by applicable law In excess of the maXimum lawful amount. an amount equal to any excessive Interest shall et the Beneficiary's option, be refunded to the Grantor or be epplled to the reducllon of the pnnclpel balance of Ihe Indebtedness secured hereby and not to the payment of Inlerest or, If such excessIVe Inlerest exceeds Ihe unpaid balance of pnnclpal Indebtedness secured hereby, such excess shall be refunded to the Grantor ThiS peregraph shall control all agreements between Ihe Grantor end Ihe Beneflclory 6 13 Riders The nder(s) atlached hereto and recorded logether With Ihls Deed of Trust are hereby fully Incorporated InIO thiS Deed of Trust (Check applicable box(es)) 0 Condominium Rider 0 Second Deed of Trust Rider ~ Construction Loan AldeO Olher(s) (Speclfy"l'--________________ _ IN WITNESSWHEREOF,the underSigned has/have executed this Deed of Trusl asof AUGUST 10, 2004 (IndlYldunIOrantor) (IndIVIdual Oranlor) Ponied Nsme ______ .£NIl/~A'__ _____ _ Pnnled Name ______ -'N"'I"'A>-_____ _ HARBOUR HOMES, INC. Oranlor Neme (Organllehon) ~~=~~:=rp~o=r~a-ti-Q-n----------------------- ~8me8ndTIUa .sillftuL....f.MKER CHIEf FtNMiCJ.Ai....QlJ:Fl..F1u,C,tJER"-____ _ By ______________________________________ _ Nnm •• ndTIU. ___________________ _ (Granlor Address) ~300 DBXTER AVE. N., SUITH sao SEATTLB, NA 98109 (Bonel"18ry Addross) 555 SW OAK~ ______________________ _ PORTLAND, OR 97204 [NOTARIZATION(S) ON NEXT PAGE] 1714DWA Page 8019 2DD4D817DD2401JD09 • Acknowledgment'" Ind,v,dual CapacIty STATE OF I COUNTY OF ______ ) SS I corllfy that I know or have satosfactory oVldence tha .. IL-______ -n; NLI .. Ai;;;:;=",-______ _ --INiiiiilif 01 POrson(.lI Is/are the person(s) who appeared beforo me, and saId person(s) acknowledged that he/she/lhey sIgned th,s Inslrumenland acknowledged It to be hlslherllha" free and voluntary act for the uses and purposes menlloned In Ihe Instrument Daled __________ _ (Seal or Siamp) Pronted Nama _________________ _ TItle My appolnlment expores _____________ _ ""'0' -<+? ";: ... ~. '"' .. ~~ .. ~" .... COUNTY OF_'I<.p..lo<~OC::' ~ __ ) I cerllfy Ihal I know or have satoslaclory eVIdence Ihal .. S"'l''''I!..,V~EN'''"_'D,,.'-'P'''A'''R .. K'''R;R;r.,=====._--____ _ --IRime,s) 01 POfSOri(ljJ lsiare the person(s) who appeared before me. and saId person(s) acknowledged Ihal he/she/lhey sIgned lhls Inslrumenl,on oath staledlhat he/she/lhey wes/were authonzed 10 execule Iho Inslnumentand acknowledged It as Ihe CHIEF FINANCIAL OFFICER (Typo 01 authOrity. 0 0 OilieSt. truaUUt. etc) of HARBOUR HOMES. INC. (Name 01 pat1y on behall 01 whom ItlBttumam was oxccu1ed) 10 be the free and volunlary act of such party for the uses and purposes mentIoned In the onslrument Dated all ~I d I d., t;Jca.( ....... ""'\\\, .... ~EDE." 't (Seal or Stamp):-..... ~ "'or )l~t '" -"tr;V """ 'II .. , , -..... ",, t ~ /~\\14e.. ~\~'~ t7t4DWA ~l-; :s:.jl:: , ~ ~ A~ ~ § : ~ 1 VR\.~ • .. ~ ~ "1".,8.i9l' ............ .:-~ i II, ff~ Ihl\\\~"'" ... : 'I, O/lW .. , .... \\\\""" ... " Page 9019 20040817002401.010 • CONSTRUCTION LOAN RIDER TO DEED OF TRUST Ob087b7574 Grantorrrrustor HARBOUR HOMES, INC. ~ He"''''- Trustee U. S. BANK TRUST COMPANY, N. A. Beneficiary u.s. BANK N.A. The following provIsions are hereby made a part of the Deed of Trust to which this Rider IS attached Cessation of Construcllon The loan secured hereby was obtained to assist In financing bUilding construction or remodeling, or land development, or other Improvements to the Premises (as provided In the Construction Loan Agreement between Grantorrrrustor and Beneficiary of even date with the note eVidencing such loan, which IS made a part hereof by this reference. which no third party IS entitled to rely upon) and (a)" such construction, remodeling, development, or Improvement shall not, In accordance with plans and speclflcallon approved by Beneficiary, be completed prior to the expiration date established by BenefiCiary or (b) If work on the same shall coase before completion and remain abandoned for a penod ot thirty consecutive days, then the eXistence ot either circumstance shall constitute an event of default under the terms of thiS Instrument, and at any time thereafter, said note and the whole Indebtedness secured hereby shall. at the option of the Beneficiary and Without notice to Grantorrrrustor (such notice being hereby expressfy waived), become due and coliectlble at once by foreclosure or otherWise In the event of such cessallon or abandonment of work as aforesaid, BenefiCiary may, at Its option, also enter upon the Premises and compfete such Improvements and Grantorrrrustor hereby gives to BenefiCiary full power and authOrity to make such entry and to enter Into such contracts or arrangements as It may conSider necessary to complete the same All mOnies expended by BenefiCiary In connectIOn With completion of said Improvements shall be added to the Indabtedness hereby secured and shall be payable by Grantorrrrustor Immediately and Without demand, With Interest at the default rate speCified In the Note Benetlclary shall have the right to enter upon the Premises at any and all times to Inspect the same Construclion Mortgage ThiS Deed of Trust shall be deemed to be a construction mortgage. as that term IS doflned In the Unltorm CommerCial Code. as amended, securing an obligation Incurred for the construction of an Improvement on the Land, which may Include the acqUisilion cost of the Land, and any notes Issued In extension or renewal thereof or substitution therefor it and to the extent that any of such aclions could, under the laws of the state In which the Land IS located, form the baSIS ot or result In a security Interest In or hen against ihe Land or any Improvements thereon haVIng pnorlty over thiS Deed of Trust, Grantor aitlrms. acknowtedges and warrants that prior to the recordation ot thiS Deed of Trust In the real property records of the county or counties where the Land IS located, no contract Will have been entered Into nor Will any Improvements have been constructed upon the Land. nor Will any materlat have been delivered to the Land In regard to the project for which the loan or toans eVidenced by the Note have been made It IS understood and agreed that funds are to be advanced upon the Note In accordance With a Construction Loan Agreement made by and between the Grantor and the BenefiCiary 01 even date hereWith, which said Construction Loan Agreement IS Incorporated herein by reference to the same extent and effect as If fully set forth herein and made a part of thiS Deed of Trust ThiS Deed of Trust secures the payment of alf sums and the performance of all covenants reqUIred by Grantor by said Construction Loan Agreement, and on the failure of Grantor to keep and perform all the covenants. condilions and agreements of said Construction Loan Agreement, the pnnClpat sum and all Interest and other charges prOVided for herein and secured hereby shall, at the option of tha BenefiCiary of thiS Deed of Trust. become due and payable, anything herein contained to the contrary notwithstanding 3532DOT Qu. ""ocorp 2001 B 1 K 11: R J( '<.01 .. I a RAILWAY Qul talala Deed 110.25812-" COIIPA"'''' -----_ .. --------'-----------_ ...... ----------- IlAILt:!Y CO:'PANY a '111aoon.ln 001'-~~~~t~j:~~~~C'~ at IIftO dolla!' Ctl) and other vdu-. qu1 tol&1_ to M.U: 11:. LUCERO and V1te. the tollOV1ng d.ool'1 hed reAl •• tnto at I1~, State ot Wo.hln~on' ~t::·(~~·r~:1,::~~~;1;r.~;:~'~~:::t o;;ilrter-(1':lo-rtlft) or l)eation olevl;'; lj (2) North, RRn~. 11ve (5) EnDt or the ucopt aounty road. He •• ,."tng .BIII! n:oopttng t%'Olll .00d dCBO,.1bed l'I'cJ01 aeD ,.howev-'r·, all·,.lne,..18, 1nolud1ngaoal. and 1J'On, oontalned therein And Also the uoo.and thO 1"1Bht and title to tho use at lNah Burt .. e ;rround as MV ·be nooo'aRry 101' m1ntng opol'ation8 and the right 01 naaeRO to BUch re- ae'PYed lUld excepted. .1np.r:Alo, Innlul11ng ooal and iron, for the nur. .. ·"lse ot erploJ'lng, 4a'Yeloptiuf.{,and ",ork:1n~ tho Dame. The, grantor, itA nuo- cessora and &a.tgnl,(;.aJtall only be oblIgated to re.lonably COJ'f':DenRAte the Ffl'"Rnteea, 01" the.tr. heirs or A801JtT1a, for aotual phyolanl dir.r:It.ore. to ~V1ng Dl"OPO, trees·. bulld1 "goa. fenoes or other ·structureD .m"ln aAld land, Bustained ao a result of the une th~recr by thp. ~nntor, lta .uaaeaUDrB and ass1gns. III WT!J(ES9 WREREOP aald cOl"l'oretion hAR cnuaed thi. lnatrument to be executed br 1ta proper otfioers and lts corporate DPnl to be hereunto a1f1xed this 5th day of June,A.D.195? '.S'r~'I'! or IIIIIIIES01 A I .. -.F=;;.-=--=:.D.1951,. be to,"" Itn."" t. be tile a _ .. -........ ., "S1 .l~.'" 7.i'r-----_ .. ..!., f~·c:.t:;.1...t.o. -'::' ':: .. ~ 1 .', ~~~.' ~1Ii: .. { :;(: ,: I: R 15 i.; , .: )11"'" --"---"'~."" -2 ............ ·'-·'·-l:---· .... _-1"- I: R-2 ·R7° .'-. ~. ~.-11· =' J .~ -. 20030126002078.001 Burlington Resources Oil & Gas Co LP Attn: Holly A. Lynch STATE OF WASHINGTON § § COUNTY OF KING § P.O. Box 51810 MIdland, Texas 79710-1810 In accordance Wlth the apphcable proVIsIon of law mcludmg Chapter 78 22 040 ReVIsed Code of Washmgton, the followmg Nollce of Chum of Severed Mmeral Interest IS !liven Claimant Burhngton Resources Oli & Gas Company LP. a Delaware Corporallon (formerly known as Mendlan Oil Producllon Inc) authonzed to conduct busmess m the State of Washmgton 2 Claimant's pnnclpal placo ofbu8lUess IS located at 801 Cherry Street, Fort Worth, Texas 76102 3 Descr!ption of Land Affected by This Notice Attached hereto as Exhibit "An and mcorporated heretn by reference IS a hst and descnpllon of the severed mmeral mterests lU the above captioned county owned and claimed by ClaImant 4 Claimant IS the ownCT of the severed nuneral mterests m the lands dcscnbed m ExhIbIt "An that were ongmollY held by the Northern PlIClfic Rrulway Company 5 Nature and Extent of Claim WIth respect to the severed nuneral mtereslS covered hereby, ClaImant asserts and clalDls all nglllS and pnVlleges appurtenant to such mterests mcludmg, but not hmtled 10, free and unencumbered lUgress and egress at all llrnes for the purpose of exploratIOn, rnmmg and dnllmg on Bald landa and conducting all such other actiVIties and operations as may be appropnate m searcbmg for and remoVIng oil, gas and other rnmerals of any Iond or nature, mcludmg, but not Inmted to hydrocarbons of any nature, rare earths, ferrous and non-ferrous metals and ores 6 Non-Waiver This notice of clmm 18 expressly made Without waIver or prejudice to ClaImant's nght, expressly reserved and retamed herem and hereby, to challenge the vahdlty of any statute, ordmance or enactment requmng such notice as a condition to contmued ownership of severed mmeral fee mterests, on the baSIS that any such statute, ordmance or enactment 18 VIolative of property nghts and procedural nghts afforded and guaranteed under the ConstJtullon of the Umted States of Amenca and the State of Wash mgt on, and IS therefore VOid , 20030126002078.002 •?\5-1-EXECUTED thIS -'o.. • .J..u...._ day of October, 2002 BURLINGTON RESOURCES OIL & GAS COMPANY LP STATE OF TEXAS COUNTY OF MIDLAND § § § By BROG GP Inc • Its sole General Partner By ~.6- . ' S KEITH FRANK, Attorney-m-Fact zfiP! BEFORE ME, the undersIgned authonty, on tJus day personally appeared S KEITH FRANK, Imown to me to be the person whose nnme 18 Bubscnbed to the foregomg mstrument as Attorney-m-Fact . ofBROG GP Inc, a Delaware corporatton and the sole General Partner of BURLINGTON RESOURCES OIL & GAS COMPANY LP, a Delaware hmlted partnersJup, and acknowledged to me that he executed the same for the purposes and conslderahon therem expressed, In the capaCIty stated, and as the act and deed of saId hmlled partnersJup GIVEN UNDER MY HAND AND SEAL OF OFFICE tlus~ day of October, 2002 '00"" .~ HOllY LYNCH I ~. '* oJ NOTARY PUBUC ~ ~ STATE OF TEXAS ro; " MyC<tmm eq, 07-113.2003 ~-:; "<:' GD • U • C l;;i~.;:,. .... My commlsmon expIres 3300N "AU, Bldg 6, I land, 'IX 79710 , STATEOFWASIDNGTON COUNTY OF KING ·'."'. , .1 ~ . \ EXHIBIT " A" MINERAL OWNERSHIP: OIL, GAS AND OTHER HYDROCARBONS. LEGAL DESCRIPTIONS Townshm 019 North. Range 007 E8st Secbon 5 NW/4SW/4 (40 0 acs) Sl2SW/4 (80 0 acs) Secbon 9 N/2NW/4 (80 0 ncs) TownshIp 020 North, Range 007 East Sccbon 5 S12NFJ4 (80 0 aes) SEl4NW/4 (40 08CS) SW/4SEl4 (40 0 8CS) Lot 1, Lots 2, 3, Less 10 00 BC BN RIW (98 97 8CS) Seebon 7 NEl4 (160 0 8CS) FJ2NW/4 (80 0 DCS) El2SW/4 (80 0 8CS) Secbon 9 SectIOn 15 Secbon 17 SW/4NW/4 of Lot 2 (43 62 acs) NW/4SW/4 ofLot 3 (42 64 ncs) SEl4 Less 5401 8C BN RIW (1 0 8CS) All (640 0 ncs) All (640 08CS) EI2 (320 0 8es) FJ2W/2 (160 08CS) NW/4NW/4 (40 0 ncs) WI2SW/4 (80 0 Des) " SecbeD 19 EI2 (320 0 8es) El2SW/4 (80 0 acs) NW/4NW/4 of Lot 1 (41 038CS) Seeben 29 W12NW/4 (80 0 8es) Sccbon 31 SEl4NE14 (40 0 8CS) SEl4SW/4 (40 08es) SectIon 33 S12NFJ4 (80 0 8es) El2W/2 (160 08es) SFJ4 (1600 8es) Townshm 020 North, Range 008 East Seebon 5 All (641 258es) Secbon 7 All (591 92 ncs) Townshm 020 North, Range 009 East Secben 11 N/2 (320 0 8CS) 20030126002078.003 TownshIp 020 North. Range 010 Eas) Section 6 NW/4SW/4 of Lot 6 (34 54 8CS) Section 34 El2NW/4 (80 08es) NEl4SW/4 (40 0 8CS) TOwOshlp 021 North. Range 004 F,ast SectIOn 27 NEl4 (160 0 8CS) El2SEl4 (80 0 8CS) SectIOn 3) NEl4NE14 (40 0 ncs) NW/4NE14 of Lot 1 (3205 8CS) SEl4NE14 of Lot 2 (33 5 acs) Section 35 NW/4NW/4 (40 0 8CS) Township 021 North. Range 005 East Section 29 NW/4SW/4 (40 08CS) TownshIP 021 North. Range 008 E8st Secllon 22 SW/4SEl4 (40 0 8CS) S/2NW/4SEl4 (20 0 8CS) NW/4NW/4SEl4 (10 0 80S) Townshm 021 North. Range 009 East Section 30 SEl4SW/4 (40 0 ncs) SW/4SEl4 (40 0 ncs) Section 32 SW/4NE14 (40 0 ncs) S/2NW/4 (80 0 8CS) NI2SW 14 (80 0 8CS) SEl4SW/4 (40 0 8CS) SEl4 (160 08CS) Townshm 021 North. Range 0 I 0 East Section 3 All (548.96 ncs) Section 9 All (6400 8CS) Section 11 All (640 0 nos) Section 15 All (640 08CS) Secllon 17 All (640 0 8es) Section 19 All (6400 ncs) Section 26 W/2SW/4 (800 8CS) Section 27 All (640 08CS) Secbon 28 S/2SW/4 (80 08CS) Secbon 29 All (640 0 8CS) Secbon 31 All (631 08 8CS) Secbon 32 N12SEl4 (80 0 8CS) N12SW/4 (80 0 80s) SEl4SEl4 of Lot I (3358 8CS) SW/4SEl4 of Lot 2 (34 II 8CS) SEl4SW/4 of Lot 3 (3466 acs) Secbon 33 All (610 43 8CS) Secnon 34 N12N/2 (160 0 80s) N12SW/4 (80 0 BCS) SEl4SW/4 of Lot 3 (31 39 BCS) 20030126002078.004 TOwnshm 021 North. Range 0 I 0 Ens! Secbon 3~ All (595 48 Res) Townshm 022 North. Range 004 East Secbon 36 Lot 4 and Part ofLoI 7 (I 64 acs) TownshIP 022 North. Range 010 East SectIon 31 FJ2NW/4 (80 0 ncs) NFJ4SW/4 (40 0 BCS) SFJ4 (160 0 BCS) NW/4NW/4 ofLo! I (3849 acs) SW/4NW/4 of Lot 2 (3847 BCS) NW/4SW/4 ofLol3 (3845 aes) SW/4SW/4 of Lot 4 (38 43 Res) SectIon 33 NFJ4 (160 0 Res) S/2 (320 0 Be8) ~ . TownshIp 022 North. Range 0 II Enst SectIon 5 RIW across SFJ4SW/4, W12SFJ4 (5 85 acs) Secllon 17 RlWacrossWI2NW/4,SI2NI2(1589nc8) TownshIP 023 North, Range 004 Easl SectIon 13. N12NW/4 (80 0 acs) TownshIP 023 North. Range 005 East SectIon I SW/4SW/4SW/4SW/4 (2 5 Bes) Secllon 3 SFJ4NFJ4 (40 08CS) SFJ4SFJ4 (40 0 8CS) NFJ4SFJ4 (40 0 Bes) NFJ4NFJ4 (35 92 ncs) W12SW/4 (80 0 ncs) NW/4NW/4 (35 77 ncs) SectIon 7 SW/4SW/4 (32 6 BCS) Secllon 9 NF.14 (160 0 Bes) N12SFJ4 (80 0 BCS) Secbon II All (640 0 BeB) Secbon 18 PortIon ofSW/4 desCrIbed by metes and bounds m deed to MIlestone (480 BCS), ThOBe portIons of Tracts 8 and 9, supplemental map of Renton ShoreJands, and the SEl4SW/4 desCrIbed by meles and bounds m deed to MIlestone Secbon 19 PortIon of Governmenl Lot I descnbed In deed to MIlestone (1 S3 8CS) SectIon 25 S/2SFJ4 (80 0 ncs) Part ofSW/4NFJ4, SI2NW/4; NI2SW/4, NW/4SFJ4 (53 46 aes) Secbon 27 Tract m NW/4NFJ4 (I 0 aes) SectIon 29 SF.14SW/4 (40 0 ncs) Part ofSFJ4NW/4 (5 ncs) Secbon 35 SE/4NFJ4 (40 0 BCS) Townshm 023 North, Range 006 Eas! Secllon 1 All (62602 ncs) 20030126002078.006 Townshm 023 North. Range 006 East Secllon 3 SEl4NE14 (40 0 acs) El2SEl4 (80 0 8CS) NEl4NE14 of Lot 1 (31 76 acs) NW/4NW/4 of Lot 4 (30 89 ncs) 20030125002078.006 Part ofEl2SEl4 bemg a stTIp ofland 75' WIde descnbed In deed to Milestone (4 23 aes) Sechon 5 Part of LoIS 3, 4, West of Sunset HIghway (22 0 aes) 100' ROW across Lots 3, 4, SW/4NW/4 (24 06 acs) SectIon 11 All (640 0 acs) Secllon 17 SW/4NW/4NW/4SW/4 (2 5 acs) Sl2NE14 (80 0 acs) El2NW/4 (80 0 acs) NW/4NW/4 (40 0 aes) N12SEl4 (80 0 acs) SEl4SEl4 (40 0 aes) Sl2SW/4 (80 0 acs) TOWDShlO 023 North, Rnnge 007 East Seollon 1 Seollon 5 Secllon 7 Sechon 9 Secllon 11 Sechon 13 SeellOn 15 Seehon 17 Sccllon 19 SeollOn 21' Seellon 23 SeollOn 25 Seobon 27 Secnon 29 Secbon 3 I Seohon 35 Parts of Lots 1,2, S12NE14 (160 0 8CS) All (62906 acs) All (64240 ncs) All (640 0 acs) All (640 08es) All (6400 8CS) All (6400 80S) All (640 0 OOS) All (648 58 acs) All (640 0 acs) All (6400 80S) All Less 4 04 ao BN RJW (635 96 80S) NI2NI2 (160 0 80S) All (640 0 acs) Hwy R/WacrossLots 2, 3, NEl4SW/4, WI2NW/4,NW/4NE14 (2517 80s) NEl4 (160 0 OOS) NEl4SEl4 (40 08es) ThwnMm 023 North, Range 008 East SeotJon 3 NEl4NE14 of Lot 1 (4780 aos) SEl4NE14 ofLo! S (42.9 acs) Townshm 023 North. Range 009 East Sccllon 1 W12SW/4 (80 0 80S) Lot 1 (19 6S 80S) Lot 2 (3740 8es) Lot 5 (37.40 aos) Lot 6 (38 6S 8CS) Lot 7 (4140 8CS) Lot 8 (40 0 80s) Lot 9 (400 80S) Lol 10 (210 80S) Lot 11 (21 0 ncs) Township 023 North. Range 009 East Seenon 1 Lot 12 (40 0 aes) Lot 13 (400 aes) Lot 14 (40 0 aes) Lot 15 (37 5 aes) Lot 16 (401 aes) Lot 17 (40 0 aes) Lot 18 (40 0 Bes) Lot 19 (40 0 oos) Secbon 3 Seebon 5 Seebon 7 .~ . Lot 20 (21 0 aes) All (593 90 aes) SI2SI2 (160 0 acs) W 12NF14 (80 0 Bes) NF14NW/4 (40 0 Bes) NW/4NW/4 of Lot I (35 llaes) SW/4NW/4 ofLot 2 (34 15 IICS) SEl4NW/4 of loIS (39 07 Bes) SW/4NF14 of Lot 6 (39 44 iles) SEl4NEl4 of La I 7 (39 81 oos) Seeuon 9 NI2NW/4 (80 0 Bes) NW14NE14 ofLot I (31 4 BOS) SW/4NW/4 of Lot 2 (38 4 BeS) SEl4NW/4 of Lot 3 (386 Bes) SW/4NE14 of Lot 4 (32 4 nos) Seeuon 11 SEl4NF14 (40 0 nes) SEl4SW/4 (40 0 BOS) SEl4 (160 0 ncs) NEl4NE14 of Lot 1 (39 05 oos) NW/4NE14 of Lot 2 (44 2 Bes) SW/4SEl4 of Lot 3 (44 4 nes) NEl4SW/4 of Lot 4 (39 7S iles) NW/4SW/4 of Lot 5 (44 0 BoS) SW/4SW/4 of Lot 6 (43 45 aea) Secnen 15 SEl4NE14 (40 0 aes) . SI2SW/4 (80 0 aea) SEl4 (160 0 nes) NEl4NE14 ofLo! 1 (44 0 aCs) NW/4NE14 of Lot 2 (46 25aes) SW/4NE14 of Lot 3 (415 aes) NBl4SW/4 of Lot 4 (42 0 acs) NW/4SW/4 of Lot 5 (40 8 aes) SectIOn 21 El2NE14 (80 0 aes) NW/4NF14 of Lot I (3755 8CS) SW/4NE14 of Lot 2 (38 4 oos) Township 024 North. Range 004 East SectIOn 6 CIty ofSenttle, Blocks 5 and 12, DaVId S Maynard's Donnhon ClaIm No 43, North 30' Less street ofLots 5, 6, Block 12, North IS' Lot 5, Bloek 5 (09 8es) 20030126002078.007 Township 024 North. Range 004 East .. Section 8 Seattle, part of vacated 8'" Avenue South Between Blocks 243 and 250, Seattle Tidelands Addlhon, Seattle, Block 245, Seattle Tidelands, Lot 5, Lots 6 through 9, City of Seattle, Block 248, Seattle TIdelands SubdIViSion, Stnp ofland 32' WIde extendmg North and South through Block248, also part OCLots 16 to 19, Block2481ymg Easterly ofa hne parallel and concentnc WIth PerpendIcularly distant 170' Easterly of the Easterly lme of 8'" Avenue South, as Estabhshed by Ordmance No 23591, City of Seattle, Block 249, Seattle Tidelands, West 27'50' of East 50' of Lots 12 through 14, CIty of Seattle, Block 250, Seattle Tidelands SUbdIViSIon, West 225' oCLots 1 through 11, except West 114' of Lots 9, 10 and II and West 114' of 3225' of Lot 8, Seattle, Block 252, Seattle Tidelands, parts of Lots 3, 4; 17-20, parcel called parts of Lots 1,2,3,20,21,22, Block 252, also parts ofLots 7, 8, 9,10 II, Block 252, parcel called part of Lots I, 2, 3, 4, 5, 6, In Block 252, parcel called portions of Lots 12 through 16 InclUSIve as establtshed by ordmance No 23591, all descnbed more fully In deed To Mtlestone, CIty of Seattle, Block 253, Seattle TIdelands, Lot 11 and all those Parts of Lots 7 to 10 Iymg Southeasterly of a Ime dIstant 15' as measured radially 20030126002078.008 From Ratlwuy Track Centerlme descnbed by metes and bounds m deed to MIlestone, Also parts of Lots 6 to 9 m Block 253, descnbed as sepamte parcel In deed, City of Seattle of Block 254, Seattle TIdelands, Part of Lots 7-9 ( 230 acs), City of Seattle of Block 255, Seattle TIdelands, East 22 5' of Lots 1-5, West 225' of Lots 6-10, CIty of Seattle, Block 256, Seattle Tidelands, Easterly 25' of Lots 1-4, Westerly 25' of Lots 19 And 20, CIty of Seattle, Block 278, Seattle Tidelands, East 270' of Lots 17 through 19, City of Seattle, Block 297, Seattle Tidelands SubdIViSIon part of North 50' of vacated Hanford Street adJommg East 183' ofLo! 24, and East 183' of the South 20' ofLo! 15, The East 183' of Lots 16 through 24 mcluslve, Block 297, City of Seattle, Block 300, Seattle TIdelands, part of Lots 1 through 5, CIIy of Seattle, Block 243, 250, Seattle TIdelands Bemg the West 60' of Lot 6 except the South 10' thereof, the West 52' of The North 22' of Lot 5 winch he Southerly of a hne parallel to and 15' Southerly ofthe Descnbed centerlme bemg Block 243, accordlDg to plat thereof, those portions ofLot 17 And 18 of Block 250 winch he Easterly of 8'" Avenue South as estabhshed by Ordmance No 23591, and Southerly of a Ime parallel to and 15' Southerly of centerlIne descnbed In Deed to MIlestone, Part ofvacsted 8'" Avenue South Iymg between Lots 12 to 15 InclUSIve m Block 248, and La'" 6 to 9 melUSlve, Block 245, sceordlDg to pInt thercof( 49 ftCs) TownshIP 024 North, Range 005 Easl SectIOn 1I NFJ4SEl4'Leas r 43 ac sold (38 57 scs) Section 21 SI2NW/4SW/4 (200 acs) Sechon 23 El2NFJ4 (80 0 BCS) NFJ4SEl4 (40 0 acs) TownshIP 024 North. Range 006 Bast Seenon 3 SW/4NW/4 (400 ses) NW/4SWI4 (40 0 ncs) Section 5 SEl4NFJ4 (40 0 scs) SEl4 (160 0 BCS) Sechon 13 SWI4NW/4 (40 0 ac.) NWI4SW/4 (400 8CS) S12SWI4 (80 0 scs) SW/4SEl4 (40 0 ncs) TownshIP 024 North. Rnnge 006 East SectIOn 15 SEl4SW/4 (40 0 acs) Seenon 19 W/2SEl4NE14 (20 0 aes) ",," N/2SEl4 (80 0 acs) NW/4NE14 (40 0 aes) NW/4NE14SW/4 (10 0 aes) " W/2NE14NE14SW/4 (5 0 aes) SW/4SW/4 (40 0 ncs) West"330' of North 990' offrnenonal NW/4NW/4, South 200' of the West 99' of Government Lot 1 (7 5 acs) Seenon 21 SEl4NE14 (40 0 acs) NEl4SEl4 (40 0 acs) SEl4 Less 1 12 acs BN RR ROW (3888 acs) Seenon 23 S12NW/4 (80 0 ncs) Seenon 2~ SEl4NE14 (40 0 nes) SEl4NW/4SEl4 (10 0 acs) Part SW/4SW/4, SEl4SW/4, SEl4SEl4, NEl4SEl4, Less BNRIW, Less State Road (14301 acs), abandoned RIW across SI2S/2. NW/4SW/4, NEl4SEl4 (135 acs) Secbon 27 S/2SEl4 (80 0 acs) NEl4SEl4. Less 4 09 ac RIW (3591 acs) Seebon 29 WI2 (320 0 acs) SeeMn 35 NW 14 (160 0 acs) N12SW/4 (80 0 acs) TownshIP 024 North. Range 007 East Secnon 3 100' WIde stnp runnmg across Lot 4 and pomons of the S/2NW/4, NEl4SW/4. and S12SEl4 descnbed more fully In deed to Mtlestonc (14 63 acs) Seenon 17 EI2EI2 (160 Oaes) N/2SW/4 (80 0 acs) SW/4SW/4 (40.0 acs) Section 21 NEl4NE14 (400 aes) NW/4NW/4 (40 0 acs) SW/4SW/4 (40 0 aes) Seenon 27 NW/4NE14NW/4 (10 0 oes) Scctlon 31 FRL WI2 Less North ISO' thereof(309 95 aes) 100' ROW across Nl2NEl4. NEl4NW/4 and Lot I Seebon 35 All (62628 DCS) Townshlp 024 North. Range 008 East Scenon 25 SEl4SEl4 (40 0 oes) SectIOn 29 Clty ofSnoqualnue Folls, Block 24, Northeasterly 60' of Lots 17 through 20 And Southeasterly IS' ofNorthcasterly 60' ofLot 16 ( 18 aes) Secllon 31 NW/4SEl4 (40 0 acs) Townshlp 024 North, Range 009 East Secllon 25 NEl4 (158 90 ocs) 20030125002078.009 Townshm 024 North, Range 010 East SeetJon 15 N/2NE14 (80 0 acs) SW/4NE14 (40 0 acs) W/2 (320 0 acs) NW/4SEl4 (40 0 Des) SeetJon 23 SEl4SEl4 of Lot I (4276 acs) SW /4SEl4 of Lot 2 (43 45 ncs) SPJ4SW/4 of Lot 3 (4413 acs) SW/4SW/4 of Lot 4 (44 82 ncs) SectJon 25 NW/4NE14 of Lot 2 (38 69 acs) NEl4NW/4 of Lot 3 (38 85 acs) NW/4NW/4 ofLot 4 (39 12 aes) SW/4NW/4 of Lot 5 (39 0 acs) . SEl4NW/4 of Lot 6 (38 73 aes) SW/4NE14 of Lot 7 (38 77 ncs) SIlI4SEl4 of Lot 8 (38 5 acs) Sec1lon 27 SW/4NE14 (40 0 ncs) S/2NW/4 (80 0 nes) SW/4 (160 0 acs) W I2SEl4 (80 0 acs) NW/4SEl4 of Lot 2 (33 46 ncs) NEl4SW/4 of Lot 3 (33 12 acs) NW/4SW/4 of Lot 4 (32 85 acs) SW/4SW/4 of Lot 5 (32 88 acs) SEl4SW/4 of Lot 6 (33 15 acs) SW I4SEl4 of Lot 7 (33 46 aes) TownshIp 025 North, Range 003 East Secllon 2 City ofBaJJard, Block B, Bryggers 2'" Home AddltJon, vacated streets adjOlmng SubdlVlslOn, Block II, Bryggcrs 2nd Home AddltJon, part of Lots I and 2, Block 6, Bryggern20d Home Addillon, part ofslUd block (28 acs), Block 7, Bryggers 2'" Horne Addlllon, Part of Lots 5-7, Parts of Lois 2 and 3, A tnangularparcel m that pOrllon oeWest 571h Street, vacated by ord1Oance No 82757, al1 parcels descnbed m deed to Mtlestone 20030126002078.010 Seallon II That part of Sechon 11 bcgmnmg at the comer of cornmon Secllons 11, 12, 13 and 14, Thence North on the hne between Soollons I land 12,627' to the South marglnallme OfShllshole Avenue, thencc·North 66 deg 18 rntn West along saId margmal Itne 352' To the pomt ofbeg1Onmg, thence followmg saId marginal hne North 66 deg 18 mm West, ISO', thence North 23 deg 42 rom East, IS' and parnllel to the Southerly margmal Lme ofShllshore Avenue, 150', thence North 23 deg 42 rnrn East, IS' Secllon 14 CIty of Seattle, Block I, Gilman's Addlllon, Easterly 60' of Lots 20 and 21, Those pomons of Lois 4, 19,20,21 and portJon of vacated alley, descnbed by Meles and bounds 10 deed to MIlestone Townshm 025 North, Range 009 East Secoon 13 NEl4 (160 0 acs) SI2 (320 0 acs) Town!ihm 026 North. Range 005 East Secoon 3 Stnp ofland 10 SW/4NE14 (3 62 acs) " TOWDshm 026 North. Range 006 East SecllOn 25 NFJ4NW /4 (40 0 Bes) TownshIp 026 North. Range 009 East SeellOn 1 W/2SFJ4 (80.0 aes) SEl4SFJ4 of Lot 14 (38 87 aes) SeellOn 3 Lot 3 (42 19 aes) Lot 4 (41 06 Des) Lot 5 (3739 Bes) Lot 6 (37 39 aes) , . SW/4NFJ4 of Lot 10 (3917 aes) SFJ4NW/4 of Lot II (3769 aes) SW/4NW/4 of Lot 12 (37 69 aes) NW/4SW/4 of Lot 13 (37 94aes) NFJ4SW/4 of Lot 14 (37 81 aes) SFJ4SW/4 of Lot 15 (38 12 Bes) SW/4SW/4 of Lot 16 (38 25 aes) Seellon 5 SW/4 (160 0 aes) Lot I (39 1 acs) Lot 2 (38 93 aes) Lot 3 (3877 aes) Lot 4 (38 6 aes) NW/4NW/4 of Lot 5 (400 aes) NFJ4NW/4 of Lot 6 (40 0 DCS) NW/4NFJ4 of Lot , (40 0 acs) NEl4NE14 of Lot 8 (40 0 acs) SEl4NE14 of Lot 9 (40 0 aes) SW/4NE14 of Lot \0 (40 0 aes) SEl4NW/4 of Lot II (400 aes) SW/4NW/4 of Lot 12 (40 0 aes) Seellon 7 FJ2W/2 (160 0 Bes) NEl4NE14 of Lot 1 (39.91 aes) NW/4NE14 of Lot 2 (39 9lacs) NW/4NW/4 ofLot 3 (45 22 aCs) SW/4NW/4 of Lot 4 (44 79 Des) SW/4NE14 of Lot 5 (39 72 acs) SEl4NFJ4 ofLot 6 (39 72 acs) NW/4SW/4 of Lot '(4435 acs) SW/4SW/4 of Lot 8 (43 92 aes) Seellon II SW/4 (159 02 acs) Secllon 15 NFJ4 (160 0 aes) NFJ4SW/4 (40 0 Bes) N12SFJ4 (80 0 aes) SFJ4SFJ4 (40 0 aes) TOWDshm 026 North. Range 0 I 0 East SeellOn 1 NI2 (323 68 Bes) Sccllon II W I2SW/4 (80 0 Bes) NEl4SW/4 of Lot 9 (39 1 BCS) SFJ4SW/4 of Lot 14 (34 45 aes) 20030126002078.011 " Townshm 026 North. Range 01 I East SechOn 22 SE/4 (160 0 acs) Section 26 Part of Lot 5 (26 90 acs) Section 3~ City of Skyomlsh, Block 3, TownSite Lots II and 12 TOWIIshm 026 North. Range 012 East SechOn 31 Sl2NE14NE14 (20 0 acs) TOWIIshm 026 North. Range 013 East Section 28 SW/4SFl4 (40 0 acs) Section 29 Sl2NW/4SFl4 (20 0 aes) That part of Sl2SFl4, SFl4SW/4, Sl2NE14SW/4 lYing Northerly ofRIW, Includmg 28 ac RIW In SW/4SEl4 (106 65 acs) Wlllamette 1851 Plat Cl,ty of Seattle, Block 135, Seattle Tide Lands, part of Lot 4 and parts of vacated alley In Lot 4 City of Seattle, Seattle Tule Lands, Block 139, parts of Lots 8·10 City of Seattle, Block 140, Seattle Tide Lands, parts of Lots 1·3, 14·16, and Lot 6 and parts of Vacated alley Iherem City of Seattle, Block 103, DaVId T Denny's I" Adchtlon, Lots 11·14, Less Easl 17', Less North II 36' ofLol14 and Less West 5' City of Seattle, Block 101, DaVId T Denny's Addition, Lots II and 12 City of Seattle, Block I, BN Norpac Industnal Dlst #1 Lot 7 and 8 (2 14 acs) City of Seattle, Block 4, Lots 1·5 and Easl110' of Lot 6 (7 41 acs) City of Seattle, Block 18, Lawton Park SubdiVISion, All Lot 4, part of Lots 8·13 wluch are lYing Southwesterly ofGtlman Avenue City of Seattle, Ladd's I" Addition, parts of lois 8·10 (35 acs) City of North Seattle, Block 101 D T Denny's 5th Addlnon, Lots 7·10 Less the West 4' thereof City of Seattle, Lawton Park AddlhOn, Block 7, those pomona of Harley Avenue and Lots 1-4 And 15 all of which IS more fully descnbed m a deed to Milestone City of Earhngton Plat City ofEruhngton, Earhngton Industnal Park #1, Lot 5 (10 01 acs) 20030125002078.012 20030126002079.001 Burlington Resources 011 & Ga. Co LP Attn: Holly A. Lynch P.O. Box 51810 MIdland, TO%lIs 79710-1810 NOTICE OF CLAIM TO SEVERED MINERAL INTEREST STATE OF WASHINGTON COUNTY OF KING § §. § In accordance WIth the apphcable prOVISIon of law including Chapter 78 22 040 ReVIsed Code of Washington, the follOWIng Nonce of Clam) of Severed Mmeral Interest IS gIVen Claimant GlacIer Park Company, a Delaware CorporatlOn (fonnerly known as Memhnn Land and MlnClal Company) authonzed to conduct bUSiness In the State of North Dakota 2 CI81mant's pnnClpal place of bus mess IS located at 801 Cherry Street, Fort Worth, Texas 76102 3 Descrlntlon of Land Affected by This Notice Attached hereto as Exillblt "An and Incorporated herein by reference IS a hat and descnpnon of the severed mineral mterests m the above capnoned county owned and claImed by Clarmant 4 ClaImant IS the owner of the severed mineral Interests m the lands descnbed In ExhIbIt "A" that were onglnally held by the Northern PaCIfic Railway Company 5 Nature and Extent afClalm W,th respect to the severed mineral mterests covered hereby, ClaImant asserlB and claIms all ngllts and pnVlleges appurtenant to such mterests mcludlng, but not hmlted to, free and unencumbered mgrc88 and egress at all tunes for the purpose of exploranon, mmmg and dnlhng on said lands and conductmg all such other acl1Vlces and operations as may be appropnate In searciung for and removing all, gas and other I11Inerals of any kmd or nature, mcludlng, but not IlI11Ited to hydrocarbons of any nature, rare earths, ferrous and non-ferrous metals and ores 6 Nan-Wolver TIlls notice of cl81m IS expressly made WIthout waIver or prejudIce to ClaImant's ngllt, expressly reserved and retained hCTCln and hereby, to challenge the vahdlty of any statute, OIdlnance or enactment requmng ·such noltce as a condItion to cantmued ownersiup of severed mineraI fee Interests, on the baSIS that any such statute, ordinance or enactment IS Vlolaltve of property nghts and procedural nghts afforded and guaranteed under the Conslltulton of the Urnted States of Amenca and the State of Washington, and 111 therefore VOId • 20030125002079.002 ." EXECvrnD thIS 3 \ SI-. '. day of October, 2002 , .... ' GLAcrnR PARK COMPANY By-----"ztu...u~~~.e!o::~~~L~_ S KEITH FRANK, Attorney-m-Facttfff!- STATE OF TEXAS § § COUNTY OF MIDLAND § ...•. BEFORE ME, the undersIgned authonty, on tlus day personally appeared S KEI1H FRANK, Attorney-m-Fact of GlacIer Park Company, known to me to be the person whose name 18 subscnbed to the foregomg Instrument and acknowledged to me that he executed the same for the purposes and consIderatIOn therem expressed and m the capaCIty stated therem as the act and deed of saId corporation GIVEN UNDER MY HAND AND SEAL OF OFFICE tlus 3\S~ day of October, 2002 (~~-... . -0 • -C ... '.F~-:'. My commISSlon expIres 07/0312003 STATE OF WASHINGTON COUNTY OF KING .? EXHIBIT" A" 1 ,~ I.', MINERAI. OWNERSHIP: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDROCARBONS. LEGAL DESCRIPTIONS Township 019 North. Range 007 East SectJon 5 NW/4SW/4 (40 0 acs) S12SW/4 (800 acs) ,Secllon 9 N12NW/4 (80 0 aes) Townshm 020 North. Range 007 East SectJon 5 S12NFJ4 (80 0 ncs) SFJ4NW/4 (40 0 acs) SW/4SEl4 (40 0 ncs) Lot I, Lots 2, 3, Less 10 00 nc BN RIW (9897 acs) SectJon 7 NEl4 (160 0 acs) El2NW 14 (80 0 acs) El2SW/4 (80 0 scs) Secllon 9 SecllOn 15 Secllon 17 SW/4NW/4 of Lot 2 (43 62 acs) NW/4SW/4 ofLot 3 (4264 ses) SEl4 Less 54 01 sc BN RIW (1 0 acs) All (640 0 scs) All (640 0 scs) EI2 (320 0 ses) El2WI2 (160 0 acs) NW/4NW/4 (40 0 acs) WI2SW/4 (80 0 acs) Seallon 19 EI2 (320 0 acs) El2SW/4 (80 0 ncs) NW/4NW/4 of Lot I (41 03 acs) SectJon 29 W/2NW/4 (80 0 acs) SectJon 31 SEl4NE14 (40 0 acs) SEl4SW/4 (40 0 acs) Secllon 33 S/2NEl4 (80 0 scs) El2WI2 (160 0 aes) SEl4 (160 0 scs) TOwnshlP 020 North. Range 008 East Secllon 5 All (64125 Des) SectJon 7 All (591 92 acs) TownshlP 020 North. Range 009 East Secllon I I NI2 (320 0 acs) 20030125002079.003 TownshIP 020 North. Range 010 East Scellon 6 NW/4SW/4 of Lot 6 (34 54 ~es) Seellon 34 FJ2NWI4 (80 0 nes) NEl4SW /4 (40 0 aes) TownahlP 02 I North. Range 004 East Seellon 31 NFJ4NE14 (40 0 ncs) NW/4NEl4 of Lot 1 (3205 iles) SFJ4NE14 of lot 2 (33 5 aes) TownshIP 021 North. Range 005 East Seellon 29 NW/4SW/4 (40 0 ncs) TownshIP 021 North. Range 008 East Scellon 22 SW/4SFJ4 (40 0 aes) , . S12NW /4SFJ4 (20 0 aes) NW/4NW/4SFJ4 (10 0 nes) TownshIP 021 North. Range 009 East Seellon 30 SFJ4SW /4 (40 0 aes) SW /4SFJ4 (40 0 nes) Section 32 SW/4NEl4 (40 0 nes) S12NW /4 (80 0 nes) N12SW/4 (80 0 aes) SFJ4SW/4 (40 0 aes) SFJ4 (160 0 8es) TownshlP 021 North. Range 010 East Seellon 3 All (548 96 nes) Seellon 9 All (640 0 ncs) Section I I All (6400 ncs) Seenon 15 All (640 0 8es) Secllon 17 All (640 08CS) Section 19 All (6400 acs) Seetlon 26 W12SW/4 (80 0 ncs) Seellon 27 All (640 08es) SectIon 28 S/2SW/4 (80 0 aos) Section 29 All (640 0 aes) SectIon 3 I All (631.08 8es) Sechon 32 Nl2SFJ4 (80 0 ncs) N12SW/4 (80 0 aes) SFJ4SFJ4 of Lot I (3358 ncs) SW/4SFJ4 of lot 2 (34 11 ncs) SFJ4SW/4 orLot 3 (34 66 8es) SeellOn 33 All (6 I 0 43 8es) SeeMn 34 Nl2N/2 (160 0 8es) N12SW/4 (80 0 aes) SFJ4SW/4 ofJ..ot 3 (31 39 8CS) Secllon 35 All (595 48 8es) 20030125002079.004 TownshIP 022 North, Range 010 East ScellOn 31 El2NW/4 (80 0 acs) NEl4SW/4 (40 0 acs) SEl4 (160 0 acs) NW/4NW/4 of Lot 1 (3849 nes) SW/4NW/4 of Lot 2 (38 47 aes) NW/4SW/4 of Lot 3 (38 45 acs) SW/4SW/4 ofLot 4 (38 4li1cs) Sceoon 33 NEl4 (160 0 ncs) SI2 (320 0 aes) TownshJD 022 North. Rnnge 0 II East ScctJon 5 RIW across SEl4SW/4, W12SEl4 (5 85 acs) ScctJon 17 RIW across W/2NW/4, SI2NI2 (1589 aes) TOWDBlup 023 North. Rnnge 004 EllSt .seetJon 13 N12NW/4 (80 0 nes) TownshIP 023 North. Rnngc 005 Enst Secllon 1 SW/4SW/4SW/4SW/4 (2 5 acs) SeetJon 3 SEl4NE14 (40 0 nes) SEl4SEl4 (40 0 nes) NEl4SEl4 (40 0 ncs) NEl4NE14 (35 92 ncs) W12SW/4 (80 0 nes) NW/4NW/4 (35.77 acs) SeetJon 7 SW/4SW/4 (32 6 Bes) Seeoon 9 NEl4 (160 0 nes) N/2SEl4 (80 0 aes) Secbon 11 All (6400 aes) Secbon 25 S12SEl4 (80 0 nes) PartofSW/4NE14, SI2NW/4, N12SW/4, NW/4SEl4 (53 46 aes) Seellon 27 Tract m NW/4NE14 {l 0 acs)c. Seeoon 29 SEl4SW/4 (40 0 aes) Part of SEl4NW/4 (5 aes) .;.;. ScctJon 35 SEl4NE14 (40 0 aes) > TownshIP 023 North, Range 006 East ScctJon 1 All (626 02 aes) SeotJon 3 SEl4NE14 (40 0 aos) El2SEl4 (80 0 aes) NEl4NE14 of Lot 1 (31 76 nes) NW/4NW/4 oCLot 4 (30 89 aeB) 20030125002079.005 Part ofEl2SEl4 bema a slnp ofland 75' WIde descnhed 1D deed to MIlestone (4 23 aes) SeetJon 5 Part of Lots 3, 4, West of Sunset HIghway (22 0 acs) 100' ROW across Lots 3, 4, SW/4NW/4 (24 06 aes) Sccbon II All (640 0 aes) . Sccllon 17 SW/4NW/4NW/4SW/4 (2 5 aes) S12NE14 (80 0 aes) . El2NW/4 (80 0 BCS) NW/4NW/4 (40 0 acs) TownshIP 023 North. Rnnge 006 East Section 17 N/2SEl4 (800 ncs) SEJ4SEl4 (400 nes) S/2SW/4 (80 0 ncs) TownshIp 023 North. Range 007 East Secbon 1 Secbon 5 SectIOn 7 Secbon 9 Seohon 11 Secbon 13 Secbon 15 Secbon 17 Section 19 Section 21 .. S!lctlon 23 Section 25 Section 27 Secbon29 Section 31 Section 35 Parts of Lois 1,2, Sl2NE14 (160 0 acs) All (629 06 acs) All (642 40 ncs) All (640 0 ncs) All (640 0 acs) All (6400 ncs) All (640.0 ncs) All (640 0 ncs) All (648 58 8CS) All (640 0 ncs) All (640 0 ncs) All Less 404 nc BN RJW (635 968CS) N12N/2 (160 0 8CS) All (6400 ncs) Hwy RJW ncross Lots 2, 3, NEl4SW/4, W12NW/4, NW/4NE14 (25 17 8CS) NEl4 (160 0 ncs) . NEl4SEl4 (40.0 nes) Townshtp 023 North, Range 008 East Section 3 NEl4NE14 of Lot 1 (4780 aes) SEl4NE14 of Lot 5 (42 9 acs) TownshIp 023 North, Range 009 East Section 1 W12SW/4 (80 0 8CS) Lot 1 (1965 ncs) Lot 2 (37 40 acs) Lot 5 (3740 acs) Lot 6 (38 65 ncs) Lot 7 (41 40 ncs) Lot 8 (400 BCS) Lot 9 (40 0 nea) Lot 10 (210 acs) Lot 11 (21 0 ncs) Lot 12 (40 0 BCS) Lot 13 (40 08CS) Lot 14 (40 0 nes) Lot 15 (37 5 8CS) Lot 16 (401 ncs) Lot 17 (40 08CS) Lot 18 (400 ncs) Lot 19 (40 0 ncs) Lot 20 (21 0 ncs) Section 3 All (593 90 nea) Secbon 5 8/2S/2 (160 0 ncs) 20030125002079.006 Townshm 023 North. Range 006 East Seellon 17 N12SEl4 (80 0 aes) SEl4SEl4 (40 0 aes) S/2SW/4 (80 0 nes) TownshIP 023 North. Range 007 Enst SeellOn 1 SeellOn 5 SeeDOn 7 Seellon 9 SectIOn 11 Seellon 13 Section 15 Seellon 17 Section 19 Section 21 See!l,o!l23 Secnon 2S Secllon 27 Seellon 29 Seellon 31 Seenon 35 Parts of Lots 1. 2. Sl2NE14 (160 0 aes) All (629 06 8es) All (642 40 ncs) All (640 0 aes) All (640 0 aes) All (640 0 aes) All (640.0 8es) All (640 0 nes) All (648 58 8CS) All (640 0 8C8) All (640 0 aes) All Less 404 8e BN RIW(635 96 aes) NI2N/2 (160 08CS) All (640 0 aes) Hwy RIW across Lots 2, 3, NEl4SW/4. W12NW/4. NW/4NE14 (25 17 8es) NEl4 (160 0 ncs) . NEl4SEl4 (40.0 aes) Townshm 023 North. Range 008 East Secnon 3 NEl4NE14 orLot 1 (4780 8CS) SEl4NE14 of Lot 5 (42 9 ncs) TownshIP 023 North. Range 009 East SectIOn 1 W I2SW 14 (80 0 acs) Lot 1 (1965 acs) Lot 2 (37 40 aes) _.'.; Lot 5 (3740 acs) Lot 6 (38 65 nes) Lol7 (41 40 acs) Lot 8 (40 08CS) Lot 9 (40 0 808) Lot 10 (210 acs) Lot II (21 0 8CS) Lot 12 (40 0 aes) Lot 13 (40 0 aes) Lot 14 (40 0 acs) Lot 15 (37 5 nes) Lot 16 (401 acs) Lot 17 (40 0 acs) Lot 18 (40 0 acs) Lot 19 (40 0 aes) Lot 20 (210 acs) Seellon 3 All (593 90 acs) SeellOn 5 Sl2SI2 (160 0 aes) 20030125002079.006 Townshm 022 North. Range 010 Enst S ecllOn 31 El2NW 14 (80 0 ncs) NEl4SW/4 (40 0 ncs) SHl4 (160 0 aes) NW/4NW/4 OCLoI 1 (3849 ncs) SW/4NW/4 ofLo! 2 (38 471ics) NW/4SW/4 of lot 3 (3845 8cS) SW/4SW/4 of lot 4 (38 4li1cs) Secllon 33 NEl4 (160 0 ncs) SI2 (320 0 aes) TOWDshm 022 North. Range 01 J E8st SecllOn 5 RIW across SEl4SW/4, W12SEl4 (5 85 8es) SecllOn 17 RIW ncross W/2NW/4, SI2NI2 (1589 8CS) Townshm 023 North. Range 004 E8S1 Seellon 13 N12NW/4 (80 0 8CS) TownshIP 023 North. Range 005 Enst Secnon J SW/4SW/4SW/4SW/4 (2 5 8CS) Sectton 3 SFJ4NE14 (40 0 ncs) SEl4SEl4 (40 0 ocs) NEl4SEl4 (40 0 acs) NEl4NE14 (35 92 8es) W/2SW/4 (80 Oocs) NW/4NW/4 (35.77 acs) Sectton 7 SW/4SW/4 (32 60cs) Sectton 9 NEl4 (160 0 acs) N/2SEl4 (80 08CS) Seotton 11 All (640 0 ocs) Seetton 25 S/2SEl4 (80 0 ocs) PartofSW/4NE14, S!2NW/4. N12SW/4, NW/4SEl4 (53 46 acs) Sectton 27 Tract In NW/4NE14 (1 0 nca)'. Secllon 29 SEl4SW/4 (40 0 ncs» Port of SEl4NW/4 (S 8CS) .,.;. Seetton 3S SEl4NE14 (40 0 acs) TownsluP 023 North. Range 006 East Sectton 1 All (626 02 ncs) Seollon 3 SEl4NE14 (40 0 acs) El2SEl4 (80 0 8es) NHl4NE14 oCLot 1 (31 76 acs) NW/4NW/4 oCLot 4 (30 89 oca) 20030126002079.006 Port oCEI2SEl4 bemg 0 stnpofJand 75' Wld. descnbed In deed to MIlestone (4 23 ocs) Sectton 5 Port oCLots 3, 4, West oC Sunset HIghway (22 0 8CS) 100' ROW 8cross lots 3, 4, SW/4NW/4 (24 06 8CS) Secnon 11 All (640 0 8CS) '. SectIon 17 SW/4NW/4NW/4SW/4 (2 5 acs) S12NE14 (80 0 8CS) El2NW/4 (80 0 acs) NW/4NW/4 (40 0 ocs) TownshIp 023 Nortll. Range 006 East Sectton 17 N12SEl4 (800 acs) SEl4SFJ4 (40 0 acs) S12SW/4 (80 0 acs) TownshIp 023 North. Range 007 East Sectton 1 Sectton 5 Secbon 7 Secllon 9 Sectton 11 Sectton 13 Secllon 15 Sectton 17 Scctton 19 Section 21 . 'Sectton 23 Secbon25 Secbon 27 Secllon 29 Secbon 31 Sectton 35 Parts ofLols 1,2, S12NE14 (160 0 acs) All (62906 8CS) All (64240 acs) All (640 0 8es) All (640 0 acs) All (640 0 acs) All (640.0 acs) All (6400 acs) All (648 58 aes) All (640 0 acs) All (640 0 acs) All Less 404 ac BN RJW (635 96 acs) NI2NI2 (160 0 acs) All (6400 DCS) Hwy RJW across Lots 2, 3,NEl4SW/4, W12NW/4, NW/4NE14 (25 17 DCS) NEl4 (160 0 acs) . NEl4SEl4 (40.0 aes) Township 023 North, Range 008 East Seellon 3 NEl4NE14 of Lot 1 (4780 aes) SEl4NE14 of Lot 5 (42 9 acs) TownshIp 023 North. Range 009 East Section 1 W/2SW/4 (80 0 acs) Loll (1965 BCS) Lol2 (37 40 acs)., loiS (3740 DCS) Lol6 (38 65 acs) Lot 7 (41 40 acs) Lot 8 (40 0 acs) Lot 9 (40 0 aes) Lot 10 (21 0 acs) Lot 11 (21 0 acs) Lot 12 (40 0 aes) Lot 13 (40 0 nes) Lot 14 (40 0 nes) Lot 15 (37 5 Bes) Lot 16 (401 aes) Lot 17 (40 0 aes) Lot 18 (400 aes) Lot 19 (40 0 aes) Lot 20 (21 0 aes) . Section 3 All (593 90 DCS) Seotton 5 S12812 (160 0 aes) 20030126002079.006 " .. ~ TownshIp 023 North. Range 909 East Sectton 7 W/2NEJ4 (80 0 BCS) NEl4NW/4 (40 0 BCS) , NW/4NW/4 of Lot I (35 11lIcs) SW/4NW/4 of Lot 2 (34 15 IIcs) SIY4NW/4 ofLot 5 (3907 ails) SW/4N1Y4 of Lot 6 (39 44 acs) SEl4N1Y4 of Lot 7 (39 81 BCS) Sectton 9 NI2NW/4 (80 0 Bes) •. NW/4NEJ4 of Lot 1 (31 4008) SW/4NW/4 of Lot 2 (38 4 8~S) SEl4NW/4 of Lot 3 (38 6 acs) SW/4NEJ4 of Lot 4 (32 4 acs) Secllon 11 SIY4NEJ4 (40 0 BCS) , SEl4SW/4 (400 8CS) SEl4 (160 0 BCS) NEJ4NEJ4 of Lot I (3905 ncs) NW/4NEJ4 of Lot 2 (44 2 Beil) SW/4SEl4 of Lot 3 (44 4 BCS) NEJ4SW/4 of Lot 4 (39 75 aCs) NW/4SW/4 of Lot 5 (44 0 aes) SW/4SW/4 of Lot 6 (43 45acs) Sectton 15 SEl4NEJ4 (49 0 8CS) S12SW/4 (80 0 acs) SEl4 (160 0 ses) N1Y4NEJ4 of Lot 1 (44 0 8ea) NW/4NEJ4 of Lot 2 (46 25 8CS) SW/4N1Y4 of Lot 3 (415 ncs) NEJ4SW/4 oCLot 4 (42 0 acs) NW/4SW/4 of Lot 5 (40 8 BCS) Secllon 21 E12NEJ4 (80 0 BCS) NW/4NEJ4 ofLot 1 (3755 BCS) SW/4NEJ4 of Lot 2 (38 4 acs) Town_hm 024 North, Range 005 East Secbon 11 NEl4SEl4 Less I 43 ac sold (38 57 8CS) Secl!on 21 S12NW14SW/4 (20 08CS) , Seebon 23 E12NEJ4 (80 0 nea) NEJ4SEl4 (40 0 acs) TownshIP 024 North, Range 006 East Sectton 3 SW/4NW/4 (40 0 acs) NW/4SW/4 (40 0 8CS) SechoD 5 SEl4NEJ4 (40 0 BCS) SEl4 (160 0 BCS) Seellon 13 SW/4NW/4 (40 0 BCS) NW/4SW14 (40 0 ncs) S12SW/4 (80 0 ncs) SW/4SEl4 (40 0 sea) Sectton 15 SEl4SW/4 (40 0 BCS) Sechon 19 W12SEl4NEJ4 (20 0 Bes) 20030126002079.007 Townshro 024 North. Range 006 East Sectton 19 N12SEl4 (80 0 ncs) " NW/4NE14 (40 08CS),!. NW/4NE14SW/4 (10 0 acs), W/2NE14NE14SW/4 (5 0 aos) SW/4SW/4 (40 0 acs) West 330' of North 990' of fractional NW/4NW/4, South 200' of the West 99' of Government Lot 1 (7 5 acs) ,', Secllon 21 SEl4NEl4 (40 0 aes) NEl4SEl4 (40 0 8CS) , SE/4 Less 1 12 ncs BN RR ROW (38 88 8es) Secllon 23 S12NW/4 (800 acs) Sectton 25 SE/4NE14 (40 0 acs) SEl4NW/4SEl4 (10 0 ncs) , Part SW/4SW/4, SEl4SW/4, SEl4SEl4, NEl4SEl4, Less BN RIW, Less , . State Rond (143 01 acs), abandoned RIW across S/2S12, NW/4SW/4, NEl4SEl4 (135 ncs) Secbon 27 Sl2SEl4 (80 0 8CS) NEl4SEl4, Less 409 ac RIW (3591 ncs) Secbon 29 W/2 (320 08CS) Secbon 35 NW/4 (160 0 ncs) N/2SW/4 (80 0 8CS) TownshIP 024 North. Range 007 East Secbon 17 El2E12 (160 0 acs) NI2SW 14 (80 0 ncs) SW/4SW/4 (40 0 8CS) Secbon 21 NEl4NE14 (40 0 ncs) NW/4NW/4 (40 0 ncs) SW/4SW/4 (40 0 acs) Section 27 NW/4NE14NW/4 (10 0 acs) Section 31 FRL WI2 Less North 150' thereof(309 95 acs) 100' ROW across N12NEI4,NEl4NW/4 and Lot 1 Secbon 35 All (62628 ncs) Township 024 North, Rnnge 008 East Seebon 25' SEl4SEl4 (40 0 aes) Section 31 NW/4SEl4 (40 0 nes) Townshm 024 North, Rnnge 009 East Secbon 25 NEl4 (158 90 acs) TOwnship 024 North. Range 010 East Secnon 15 N12NE14 (80 a ncs) SW/4NE14 (40 0 acs) W/2 (320 0 acs) NW 14SEl4 (40 0 nes) Secllon 23 SEl4SEl4 of Lot 1 (4276 8CS) SW/4SEl4 ofLot 2 (43 45 nca) SEl4SW/4 of Lot 3 (44 13 ncs) SW/4SW/4 of Lot 4 (44 82 8CS) 20030126002079.008' ~?£ i.: l' ~"~ it' .'i/~' '~~~ -;":i Townshll' 024 North. R!\nge 010 Enst '" Section 25 NW/4NE14 of Lot 2 (38 6980S) NEl4NW/4 of Lot 3 (38 &Sacs) NW/4NW/4 orLot 4 (39 li~cs) SW/4NW/4 of Lot 5 (39 Oac~) SEl4NW/4 of Lot 6 (38 73 ac's) SW/4NE14 of Lot 7 (38 77a~s) SEl4SEl4 of Lot 8 (38 5 acsr Section 27 SW/4NE14 (40 0 ncs) . SI2NW /4 (80 0 aes) SW/4 (160 0 ncs) W12SEl4 (80 0 ncs) NW/4SEl4 of Lot 2 (33 46 ncs) NEl4SW/4 of Lot 3 (33 12 RCS) NW/4SW/4 of Lot 4 (32 85 ncs) SW/4SW/4 ofLot 5 (32 88 ncs) SEl4SW/4 ofLol6 (33 15 ncs) SW/4SEl4 ofLol7 (33 46 acs) Township 025 North. Rnnge 009 Easl Section 13 NEl4 (160 0 acs) 812 (320 0 ncs) Township 026 North. Range 006 East Section 25 NEl4NW/4 (400 nes) TownshIP 026 North. Range 009 Easl Section 1 W/2SEl4 (80 0 ncs) SEl4SEl4 ofLoI 14 (38 87 acs) Section 3'. LOl3 (42 19 ncs) Lot 4 (41 06acs) Lot 5 (37 39 ncs) Lot 6 (37 39 ncs) SW/4NE14 of Lot 10 (3917 nes) SEl4NW/4 of lollI (3769 acs) SW/4NW/4 ofLol12 (37 69 acs) NW/4SW/4 of Lot 13 (3794 ncs) NEl4SW/4 ofLol14 (37 81 ncs) SEl4SW/40fLot 15 (38 12 acs) SW/4SW/4 of Lot 16 (38 25 acs) Section 5 8W/4 (160 0 nes) Lol I (39 I ncs) Lot 2 (38 93 aes) Lot 3 (3877 acs) Lot 4 (38 6 ncs) NW/4NW/4 of Lot 5 (40 0 ncs) NEl4NW/4 ofLot 6 (40 0 ncs) NW/4NE14 ofLol7 (40 0 acs) NEl4NE14 of Lot 8 (40 0 acs) SEl4NF..I4 of Lot 9 (40 0 ncs) SW/4NE14 of Lot 10 (40 0 ncs) 20030125002079.009 TownshIp 026 North. Range 009 East Seenon 5 SFJ4NW/4 of Lot 11 (400 8CS) SW/4NW/4 of Lot 12 (40 Oiles) Seenan 7 FJ2W 12 (160 0 8es) . NFJ4NE14 of Lot 1 (3991 80s) NW/4NE14 of Lot 2 (39 91aes) NW/4NW/4 of Lot 3 (4522 8eS) SW/4NW/4 of Lot 4 (44 79 80S) SW/4NE14 of Lot 5 (3972 80s) SFJ4NE14 of Lot 6 (39 72 8es) NW/4SW/4 of Lot 7 (44 35 acs) SW/4SW/4 ofLot 8 (43 92oos) Section 11 SW/4 (15902 8es) SeeMn 15 NEl4 (160 0 80s) NFJ4SW/4 (40 0 80S) N12SFJ4 (80 0 008) SFJ4SFJ4 (40 0 nes) 20030126002079.010 4 MiH • 'rIt. U1IA\an1sn04 ....... 00Il1'1Da tIlat __ t ~. U .... oa aho1l1l 011 the attaduld 1lIIr'I1IT 10 10 _co v1th· U"'.Vaa.t ~ Uoo.ot thoton.;"ing daacrib04 ........ 'I;ii.: tho.V 1/2 ot R.i. 1/4 at S.U. 1/4;" Boo. 11 TIIP ~ II. USB. V.K •• K1ns 0_1,7. VA. J.V. MDftRlBON. Inc., Preotdcat ,"." . STATEOP WASHINGTON, ! .. . !"owl" ., . UII0 I . . . . On lbiI 3rd rbY"(l1 OCl'tober, 1980 • ~ ... ,. 1I .... 1IIiwd . • Nota", l'ublle .. and ... ,,,. St .... 1 W_'DD, duly ~ and ..... ~ _ "tV. MORRISON ..' .. to_bontobethl l"rftIdmt:aD: ....... lbpCCtftdy,aI.J • .,. _~., iaa.", . . , U. toIPOl'.IIOII lbal am.ltd lhe 'Dl'tFID8 m.lrumml, IDd acbowIcdpd '110 DId lrdtnImmt to be "'-~_ ... voI~ta17 act aod detIt of,Aid COIp(IfQt •• for the IIW:I .net ptlrpoa:I tIIIrdD IIICIUIaIwd. aid lID -u.:IIa!iiiII .... ..... t. IUlhmhtd In ftC!t'w .• lbe &aId inatnunml ..... thal ,lbIlCaI dad Is tbi c:arpoQte· ... ~'Of.~~. corporation. .'. WlIQCII my htJMJ and olI'Idal RIll bmllJ aIil¥ed tb. day " "; . .... . :. ~ r:; ~: ':'''. .;.; I \ ! I • ! ~ ~ ~I ~ ., .... N I" e I\li~ I~ , , 1,1 l ' I'r ,/ I . J\U ' @ 11"'-" 'J!\ I • I !I~ i j \ \ i It:' ~ . '\ ,. _t. !I'~;i~ l"~i, l'illl) ':\ ~ .. I • ,J "\ , t 111.! I' P i ~' I • I ,~, I III J .' '. :~ Iii: I ql r: l I I ~. , . ' ~. " \ • I. ! J • I'I!I ., prj. 11 ~ j:\!-I i i-I! I ' .. Ii 1 ill II,. . -" ~11l III h i I J i til I •• . ' , , l~\1 F 1.I+ID0~"o·"Eli III I II· "..... . ., Ioi I, :\. =: . • • - Kl.ng County Departmont of Dovelopment and Env~ronmontal Serv~cos Land Use Serv~co8 DLV~s~on 900 Oakesdale Avenue Southwost Renton. WA 98055-1219 Documenl T,tle(s) (or transactions contamed herein): SerJS'..Hv.e.. A.e..::. Reference Number(s) of Documents assigned or released __________ _ Add,IIonal reference nu"mbers on page ___ of document(s) Gronlor{.) (1.sl nam., nISI name,lnlll,ls): _~'J~D\~<.:!k::... .... ,~\JJ~~, -1.\1~""Y:!.l~I'.ll!jAQLOL __ Additional names on page ___ of document(s) Gr.nlee{s) (lo,l nam., nm n.me, Inillals): ....!~:::l!\!\J:~~Cu.::=!~,~:::r~~ _______ _ AddlllOn.1 nomes on p.ge __ of documenl(s) ___________ _ LegAl descrtpUon ("bbre\'tat~~)' Lol Block PI.USecllon Township __ Range' __ Addlllonollegoi," on page ___ of documenl(.) Lol __ Block_:_ PloUSecUon __ Townshlp __ Range, __ Addillonalleg.1IS on pase ___ of documenl{s) Lol_ Block __ PI.VSechon __ TownshIp ___ Ronge __ Addrtlonolleg.11S on page ___ of documenl{s) LoI__ Block __ PloUSechon __ Townshlp'__ Range __ Additional legal IS on page ___ of document(s) Assessor', Properly Tn ParceVAccount Numbor\.)' \\Z.~ OS" "'luD\ DO NOT WRITE IN MARGINS The AudllorlRccordcr will rely on Ihe Inform.llon provided on this form, The storr will not read the attached document to verlry the accuracy or completeness of the indexing Information provided herein. a) " . 1"'4 ~ 1"'4 o o 1"'4 ~ " ::a ~ ~ ~ 01 King County Dcpanmcnt of Development and En~mnm'ntlli getVl'" l.and Usc Services DlvlSlon 900 Oakcsd~, Avenue Southwest Renton. WA 9S0ll-1219 Sensitive Area Notice For Permit Number L qquu 510 For Pnrcel Number llcil:305') 001 ,more fully descnbed till (street address) 15:21 y ~ I ~ ~.u, ~, TIlls property contains "senstttve areas" andlor "senslltve area buffers," as defined by the King County Sensittve Arens Ordtiumce, KCC 21A 24 Llmltattons may eXIst on acttons In or affecting the "senSlltve areas': or their buffers present on thiS property For further Informatton regarding such Itmttal1Ons. please contact the appltcable governmental agency With Junsdlctlon over the property This notice shall run With the land and shall not he terminated except upon specific Wrttten authortzalton recorded herem by the owner of the property and the City of Renton I, (pnni/'I ~~7-.!..,.J-~:-'-~~:t.L.-----' hereby certify that I am th a er of the above-referenced property er 's Signature) SUBSCRIBED AND SWORN TO before me thls[r8day of fi1A(l.c.4 ,lou/ Notruy Publtc tn and for the State of~~~~. resldtng at", () I /. In ,(,~! five-a, (J!/,.."tJ{{I-..." j Attachments ----------------------------------------------------_._----. ,~ ,..( '" "" o o "" ~ ~ o "" CD CD 01 .. ;- \,U): t.. Less C /H ~ G'T.5 ~ S;-e.J,'c)o. "],~ ~d"~ ~~~ S" ~J"I--, nolary ,,.,1 (Owna'III8JlIlUlt) - - - ",}, i;': ,! .' I,f' -~'!.!!:J.rv; .;T-.... "'.:l.:!.,-------''"··~'';;:_m;r;;_;m;;_------___ ..,.--__ _ ij l7°nu 'lit UlU 26 27 ~ 26 .... "'" .... c::> c::> ..... eN 24 CI) c::> .... 23 <:> <:> Oi -, , '\1" .. -..... , . ' . . ~I'U" I 20 19 IS 17 30 29 2S " .. ! ".:~~ :;:::~" .. "-.. ---...:':'. -'.' . .. ~ .. i;i~"'-"--- "-",,,."" .. ,,".,,~I ......... z m ii'"iWu-.. ~ ,:911S I ; C/l 'illM'~_._ .. "'--... -_-{ill ~~,., . . I, ; ..... -,,~ .. ~. ~ :":::. ":"'".::. .. •.... "H",. . .. , .. ' N.E. 1/4 6 S.E.1/4, S.W.1/4. SEC. II. TWP. 23N., R.5E., W.M . CITY of RENTON KING COUNTY WASHINGTON ..... .. J. R (}Fj,~;~: UF :! .. ::~~·:i~~F!)·:;!"{·}", (1 {, i':~"'" """"'/;"/,,":,:,,;,,;>_.,, ~ .1./,.. J:,i:;!~~~i.>~;~? J /./$~// "" . . :,,'" .... j· .... "r ~:~ ~ ',.,.: .. { lil:!'-.. l! I~t . ";,,J /' I .e .... "i",.!' 'I f III. f I J , ~ ;!"'" ·i;;··::=·>(\/'(~·::.:.'/:· '.:>: " ,,~~~?/:'<:;':j ,"~ '. I :; '1 :: !! j J/ ': J. II f.~iSCflS t~ATIO~~ITE ,tfIlSE ~;JC~ ,ft, .• _ •••.•. ~. . .f" .. ",. ~ l " ' I f "r .... .},o~ .,,,ftGEf'"'i ./ ...... ; .' ''0,. .l 'f .. , ~: .. : .... :,·r ~ 1 . ~~;i:: : .. / ,1,1~~'~;,·:';,:J~~;\W-i'l{c;~}.:.:j·"'f".J .~"/,;'·.'};':·'~~Jt:,\:~,::;.: .';, "'~, .. . " :\. I II' ..• ' .\' ·ql ·1" ,,9,,·fu 1":1 i'" ... , ..... ,',.... ", -{tr,~.~·.·~-.. -'''',· , "'~ L~ ___ no,.co,<."'· i~,,~~',::'\, ,;,-. ,;-' I. .~~:'~' .... ~.~;~;:,(::.~,//";~:,:,!,.:.~:~::::;~~\~~~~¥~~,~i/ 1----· .. · .. ----'m'.",".',,~ . ': > ~ E 0' ~~';~' '\ ~o';l;",;,.~. J' "" .i:' , I: .J .' ~ j.:: \,; "\.... ffl' -';\i1#.'~'" . .,.... . .;." .' ,~: ./' .• :" ~ .,';:'j; ./.: \~~Y'~"J~;O<')'''' \~ !1.~:~~f ./" .:-"" ;/ r ~ -' ~::,:;::1:),;!::;;~;;;,:;~~':;:} Pi, ,.' J " '-~" <:/Jt ! \1 i. !, " . , . , ( - . ' ~ I",!,' : .... ,,' J. ". ",J' "/ .i'J' ...... " ... ; >i,." ' .. <.< . ;;~,:: )'t:>'/:·{(}(.~~!:~ ..! ;; '.:;, ~ .... -..... ~- .~ " . w z TC,ty of Renton Fie No. lUA-O/-OBO-llA 1..HO-!Cl-Q233 :i .... :..:. ., ,;" I : , II I ! r'l/i I I' I" ~ Ii / , .. ,. -. I i ~\" . .:~~- l' . -.. _-, r -1 ! ~ "'-···2:""<"~,:;:·'~:~, .. ri;~~':>}./"''':) "f l'i~"~'\,yf :: . ~- f;>~,;;,\.i.~: '~:: . ~ .. ~" 0 ~ -~\:..... .:I·····,··:··.·:~::~l·L~?i~INE~~:~~;·~NT .;·:·'·::: .. :t/· "",,/' ·T .l"'1 " I~~ .~~., OR} Hugh G .. GoldsIillib" Wtt:SHIJ<'E INytSTM.E'NTS/LL-'~ rlfiii. o' l{) & AsSOcl~tes. Inc. '-\,.EXI.FflNG P~tK:EL5./· .~" .. ,. g" .-:~,:,E. ~~ .. £; ... l ~~~u O_.8Y ~:;.; ~NO.:.:::· ./ .~.=': '.:~)~: ~/ ~u_ )(JT 01/08/02 ··.· ...... ,:lO;Q9S-I:.: ",E -.. -~...o\ ,AI: 1~1 Ul-77lg m.; l.::!i) 1012-1* CHK!). BY SCIolE ShEET \': i· CCR .. s Si-~ 2 tE.. -';::" l' ""~"" .:.,::" . :~:.;" '.I\! ,i'C:n:.-l· () i' ."":!!,, Hl,zo::' f (r N.E.1/4 a S.E. 1/4, S.W.1/4. SEC. U, TWP. 23N., R.5E., W.M. CITY Of RENTON KING COUNTY WASHINGTON 1 Cit)' of Renton n_ No • LUA-OI-OBO-LLA .. ,.,. .,' .:" /, .. , ~ I I I 1..HO-.lO-02J3 ------i '~~',/! iJ!§rJirf:l~:ETtr~"·.J!~71:'iU).··:.0l{;rl , ud ( ;: .. ~:!~.'''' i i; ... ,~~'.-'~} ':<··i--~:.:~l', -" .. ~?----'1'-... ;1 ~",<.~::~\: .. :';"" j: . o. ! -'r-t " J :'i '-", il' ",r) rl'] , I·/,I ; il-"""I ,/~ ,::"j"'" ..j. '. 'II :, .f;' ff!.)< 1". [,'~r~"rt~,,4~n;F.i: . .,;;:·:-r·~, ..,/'T:'1, ~ . . ~!J: ._1 .... Ii ... ~ ..• 1 _I' "t~'r'tL;,~~~ ~~t:' :,iJ····ij , 'oj ././"":::;:!''' .. .-.. ~,.~:,.::~:~i ~.' r: ." . '!I ,A\9Lt ! r'r'l f';L'::/1:¥<'~ /'\j ,;:;;:~+,~,."",···".;q["T"'~~;'.~1~",~,_ ~ __ ,l'>· ~L~E[G§E~NO~===~";:;~;_;,;.::::;',,;:··~'.~.~u~ ~ .,"';::." ',. ,~ ... , ."'. .' ...... ~.0:7." .c." .~m:;o.. ' .. b"j":: .;:;~ 'iI . '~2JD ........... ~~~. f;'/' (~~~;"i~:;~id< ~o o .'.' 40Q<" .... "" ". cr " I.S".7V6 Sq n ~I . .. .~' .,. :, .~ . . ;-' .,; .;:,." .. -',. \': '.8Nr.i~!!~~[n ~. H.:~.2~ME"rF"~ .j-:: zoo lIoe .,,' " .••• ~ .. ~, .:: ~' h_£c:n,t(: .. ~ r"&.ots.SS'QH u.( ....J -:i ..... ,,'.-.," ;: :' ---II turWl1T I'(JI R[C. '2COIO~C2C4.': .' ~ .'''''.'.r c ·£'"·" .. =¢ .. , .... _ ... '· ':'., Ii:: ""/, .. , .. <', /:':.-h ••• ". \; }.~: ... + "'~'. " .. ' I .. , fl! ". ".jl,.1 , .. ' .,. "'j ",."., "~' lJ. '.~.. I. ...!.'" .·1 1",,,,,,0, .. .( 1/ '\'-1 . )1' , . I i I .! ,'" -, I ' I "~I', l~;' J I / . ····f 'ii l. I· 'r··1 , .. I I I 'l . --I I . I" I n -., ~-.... o::r te.... N ·t ci r-~...: 3 ~~ .~ m "!!:!.~ 'r:;' 1 .:' .. q( ....... ; . .-0 r,;!"i' ~ /~: '-'. '!"~~~!'1~ ~l Not . ':. ~-,lE. ".E. ' .. :.::f' .. r •••• ;~'-'. "'" • ,'" ~ ••• :.. .::;:' ::.-:':':-..-'i· ::~t .::L.-:::.. . f .1 .• , ,t; III r.;.: ,,' :" ," ;~j .:' t' ..... .,-OF .. .,t\tJot'lOO ... ." . II I If' I , , I , :1 i Cl I ! i! , . • , __ ~ .. roo _0:' ,,(CIA.... ; .o.ccrs't TC'CIIII1lOOI 1ln1.CrrT Ta.t:4n. no' ~ 103 ' .... I-C1.....u. __ YlCCI '-fhC: ___ n ra H rt.ATTUI O'DI'-""': aft or ...... r~ ... t.ooo-. 01-01. (1:1'.", ..... ~:. '.,. ':~.:':,.!-~""'. ,,··· .. · .. t.'.'· ~ >= 0 .. -:: .... :,... . '.:~:.;., .. :'i~~T lk~i:~~J'-'~TMEN~.:/· .. :,/\~ :.~.:, ,m;;'~), OR) Hugh G, . GotdSlnHh.. WiL~HiRE ,iNVEsri:1ENJ'S. L~tC. . ;" W(i ii!.f <..<J ~! ~':~:5. Inc. P"F{~~~'D PAR~ cO~ljGURytbN .~ :·f :,.' \." ~._· .. t ~~ IIIOIM 0_. av CATE :\. .cs~"'t:I. :.;: ,:' ~ .~I ··~t·~~·".· IooUn-. u _ I\JI 0:':/1.1':'/1.12 ' •••• ;:-;;UItl~l 1i, :_ ~ .:: _ ..,.,,,_1 fU: t~ <IIZ-m. f'D.: 11Z51 ,C-ICIIII ~. By sc.o.l....E: SHErr '! ,l' (5 • ~. ~ > : CCR ,o,s S/<OWtl J Off " ., "'" ~ .. ,:,/' :.'. /'~' ~. "". ., .•.. ' "1'" . .'. I ' .~. >+-./ \. 'r.:. ~.l \.)' /.. .;'" ;01.'.;'1-"1' () 'j ; }1l'-'~ C.I.'cuv.UD 'OII'\.U OJ . --;:: 'wC\. .. uu-., r~.' !: N.E.1/4 a S.E.1/4. S.W.I/4. SEC. II. TWP. 23N .• R.SE., W.M. CIty of Rentotl FIle No. CITY OF RENTON KING COUNTY WASHINGTON LUA-OI-080-LLA LND-30-02J.3 .".; . -. -,;........ . . .. ," :.::' .::,' ~~......----.--.. -.. -.... --.. --.~ .... ~.: .. -.-"' .... , ::-... ,.. f , ..... ""'-."" ' "UM.UOf' . --If .~.,~~ . :1 t:; Ig ~~: t~I~ {" ("".""'~g \, .. ,~" . ;.. .• : ;,'d: .".; !; i ." ,,,-"'"'' --.~QII I ~Cl. 1'1I11l-8' I ~ Ii g: !,.:-s:: °1'·" ~ ... i~~ .~l ~~i "~~ ' .... -"" ·':~~;);(·,:<:'Y:/:/ .:-" 4 ..... _ :: .. ~'it.""f;: ;: t;:~ '~."! -, ... . " :':!~ .~:-~ ~ '"I'''' j! j-!£ . ,- ... 0' • _"o!tUO"~ Pht .1t ";':nlh ;-1'1'";10 Rrlnch Vc!. 135, hl~': 6 i' I, k "'!In AV£MI£ I.E. OUMCii COUIIITTl ~ r ",,_ .. 13 .cr..~_-·c M.U : i ·0 .... Ii" . .. ::;:" :; : ,;< ~ • lI'o'U'! u..... ; I •• ;" 'iJV'!~t.QI.J '.. '. ..to -.-F ....... ,,-c ... .,.. ~ lU~t& ... #J ~ g s:: .. . I, :a , , ~ i ~ i , , ! , ~ L . :if-'., .,. ill '" tfl .J:; '<l" ,..,_ r<'J L N N ,UN ..... N (\J .. 'I ~ • ,.. "~'," 5: ~ ! ~ I!! T- DETAIL 12 • 1··tOO FT .,,'" "-': j" ., , ':':'. :~ ~~':'('i~l)) m·--~~--,:40~~j,"1 ..... " ........ " .. " Dkd~'~'J:··" .... , ... '::~; 1"'100 1'1 ,. :.: \ ~"oa: .. ~~ j.:, ....... . "'. ··::'·'h" •• _ •. ~ m ':. Jf ~ 'l ~"'T :::'\..............--. t ~~""I ~! "W! .,' l' (: .... , .. / .. ::: ~"'" OETAIL 14 .• " ....... .... , .. (/:>. !:~ , , l .. r- 0 ~ ;; ." r ..... nee: f. . t 11 ".~'l'" . ~ I;' _I .. ~~. - ~ t""IOO FT OElAfl 15 r~IOO fT ~'" : !~ ~1-;:/...' _ r: .,' ""j.' ~g :t=t'"'' . ,,,, . Ft:.f,UR~~L:' T ,'ER ~: ~ ::"1' .J~ ',': ,"·'~JT'·I;':··~.lF RENT ,::N :--" ~::W .: r-tt!.~!"" ~·'t.~::I;,r'I-.J7~-!,"·(·I:"-PP ................. :;, J ~g::: l"",·"""".,,,.:>·'· ., .. ,/·/·:'/~'~~::·' .. ~~~i:~'~::~:!>'~'~i; n ,,<,!l:~;: ':" ; ~ i! r~:i~ , :. -... , ..... :' .~.,.~e. ... , ..... , .L· ......... ~ ._r .... ' .. ~ .•. :¥, ~. I 1.~ .. ~!! 1 ~ 1 ; -, "~~:~r' :(! t--;(:~:·~:~~2JL,.il-~~.:.~ . -".#}.'~~~J! . ~=/~ ::: :. li ij := I~ .:::;: ~'~:;, . ..!' =.; t:.'···· Ql:'/lil~"<'riWlt,'¥~cJv "-'1-1' t t ..... ''''.. l'a . ., ¥; : c\.. .. .. ::-.,,'<' ~: "~."!i12 ~,t;i:t:H15 Ii <'r:: :~;::: L ~ . a ;. ":,:.:.:,-:.-./' .,.~";; . ~ ;!~;~- ': ..:[ i '&i.Iwt .~. . ~ of ... ':!II t: ~ r~~·,".c ": .~' ~ I:~ ",; •• _.-"~" "":" .. :5 .;; z· ....... ~... !'4.l:~:': I ":. . ,,< ~r-"'" ""' ... ~; j . " .• , .... ::{. -:', ._:. ), ,. .. seo P.I.. 111.[ il~ _ ""5"<"'. Ii: .. , .. ,~" . ... ~ 0 ::.:::.:-.-...... ' ,.,), .. :i~~T ql;;'{~DJl!;;.MENT. .. : .l:'~~' .,. . . :i."":.:: '1f .. ;.~ 0 ili Hugh G .. GoldSi'itit:h. 'WIL§riiRE .• t/1fVESJMEN,rS. L)tC. " . / ;1 Q~~ ~ &. AsSOciates, Inc. "':,. o-e:'CUPATION SURVEY .• ,>' .£ ' .. .... IIIUAItI.C ..... l .... ZZ \~A>~'; U13114t1lJ......,..n -:.;. .:' .: "~' ~ ITa_OCTI ""'-.d .·t a.u-. IJ. -0_ BT OATE::.JOEI "'C :; .• ' ...... -_file ........ ' .. ~.~.' PO..,_ . ....:, :" .. .... "1tO"[An lM ... .:.;..;.;;~ -__ ." --j(Ji 01/05/02 .• :: SgoSs.-;Ol '.~, E fllO fCk.:lCl ....... ~ol rlol: tWo) 142·7711 nL; (Wj tlZ-\CIIQ 0«0. DT SCAL£ SH(ET '.'. } -5 LEGEND '"'" AS SHOwN "OF • :;:"'" ,7 > After recording, return to: Harbour Homes, Inc Attn John Merhno 1010 S. 3361h Street, SUite 305 Federal Way, WA 98003 ·t- '" UTILITY AND ACCESS EASEMENT 20030612001491.001 5J 1,23 Harbour Homes, Inc, a Washington corporatIOn, ("Harbour") is the owner of Parcels A and B of City of Renton Lot Lme Adjustment No. LUA-O 1-080, accordmg to the survey thereof recorded 10 Volume 153 of Surveys, pages 254-257, recorded July IS, 2002 under recordmg number 20020715900003 Harbour does herebY.grant and convey a perpetual non-exclusive easement for mgress, egress and uohoes for the benefit of Parcel B, over, under, across and through a porllon of Parcel A as follows 'IMERICAN W ZOO 3 -.tl (';1 go' That portIOn of the east halfofthe sOuthwest quarter ofSecoon II, TownsJup 23 North, Range 5 East, W.M., m Kmg County, Washmgton, descnbed as follows Parcel A, City of Renton Lot Lme Adjustment No LUA-OI-080, accordmg to the survey thereof recorded m Volume 153 of Surveys, pages 254-257, recorded July 15,2002 under recordmg number 20020715900003 of said County, EXCEPT the South 8000 feet of the West 10000 feet thereof A depictIon of the Easement IS attached hereto as Exhibit A. t:lPJJ: \\:l30SC100l(ClL (\OP~ Together with the ngbt of access to the'easement area to mspect, mamtam, remove, and replace all of the facihtIes Wlthm swd easemerii,:includmg the nght to remove any objects that may mterfere With the constructIon, mamtenance and operanon of swd facllilies. The easement IS for the benefit of Parcel B and any ullhty cilmpany that reqUires access to the uuhty hnes m the property The owner of Parcel A covenimts not to take any acoon which Will damage or alter the faclhties Wlthm swd easement, or which' WIll obstruct or lffiPIllr the facilities mstalled therem The owner of Parcel A retwns the nghtfu the use and enjoyment of the property burdened by thiS easement m any manner that Will not Impwr the nghts granted herem. This easement and the covenants herem shall run WIth the land and shall be bmdmg on the heirs, successors and assigns of the owners of Parcels A and B , • ,; r IS RECORDED AS .\ COU • r': Y <T "MtRICAN TITLE INSURAN;:[ CIl. : ~g LIABILITY FOR SUfflClLhCY. "" \ On ACCURACY 20030612001491.002 • • GRANTOR: BY\=TH~~~~~~~r J Merlino , ,~Ice PresIdent and General Manager -. ~ Slate of Wash mgt on ) ) ss County of K, nq ) I certIfY that I know or have sallsfactory eVIdence that John Merlino IS the person who appeared before me, and saId person acknowledged that he sIgned tins instrument, on oath stated that he was authonzed to execute the Instrument and acknowledged It as VIce PresIdent and General Manager of Harbour Homes, Inc , to be the free and voluntary act of such party for the uses and purposes mentIoned in the Instrument (Seal of Stamp) Dated· 5·' -0:3 (Notary TItle) My appoIDtment expIres. 10 -110· OS" CORE DESIGN, INC. BELLEVUE, WA 98007 EXHIBIT A CORE Project No 03024 4/22103 Legal Description -OFFSITE UTILITY & ACCESS EASEMENT That portion of the east half of th&::southwest quarter of Secbon 11. Township 23 North. Range 5 East. W M • In King County. Washington. described as follows . , 20030612001491.003 Lot A. City of Renton Lot Line Adjustment No LUA-01-080. according to the sUivey thereof recorded In Volume 153 of Surveys. pages 254-257. records of said county. " EXCEPT the south 80 00 feet of the west 100 00 feet thereof. Contains 70.121± square feet (1 6097± acres) ,.: 03024 L01 Qffs,'e Esml doc, 4122103, Page 1 011 .. ~ . N.E. 81H ST. :' SEE PAGE 2 OF 2 I' II--~ I 1 25.00'_11---1 I I u; I~---I It: 20030612001491.004 NB7"54'2S"W,t 500 r "' __ --J IG 5.E 1241H rST._· __ 1 ~ ~ ~I---I ~I---I 11---1 OJ', .:!' LOT B CllY OF RENTON LLA NO LUA-Ol-080 VOL ' 133. pas. 234-237 30.00'-1 1<1----1 191--~ I J ; I :;I i:: :------I ~ "'110 I r~~ OFFSITE UTILITY &~ri:!:lf ACCESS EASEMENT 1-~ II~ NOO,,'SS"E ,":! 544 89 10003 NBI3'21'27"W N.E. :41H STREET . :; MAUREEN HIGHLANDS " OFFSITE UTILITY & ACCESS EASEMENT': ,; MAP EXHIBIT PAGE 10F2 ) c6iEJ 147"N'29"'PI~.Su," 101 B./I.""0, WalhtngFon 98007 l: 4258847877 Fcur 425 88~ 7963 "'-.:; .... _ .. / .. DESIGN fNGINtU!IlING PLANNING SURVEYING JC>13 ...... C>. 030:2 ..... I .. ' LOT 27 BECK'S TEN ACRE TRACTS VOL 9, PO 14 . NB7'27'27"W 628 14 :.\ , LOT B crrr OF RENTON LLA , ; NO. LUA-01-08D vot.. 153, PQS 254-257 2502 I I I L~", I I ~a: -ii! '" ~ I L~; ~ II r--j--l ~ 1.--< OFFSITE UllLITY &..:1_1---1 ACCESS EASEMENT ,- 25,00'-/ II~ 20030612001491.006 N.E, 8lH ST. I ~--I NB7'54'2J1~~1 :1 SoE 124lH ST. jsEE PAGE 1 OF 2 MAUREEN HIGHLANDS OFFsrrE UTlLllY '" ACCESS EASEMENT.: ,. MAP EXHIBIT ' • .' PAGE 20F2 @if::> .. 711 Ne 2':"~'.~s.. ... 0. S.lIe"",e, WmllmptC2fl PBOO7 DESI GN 42" 80.$ 7877 1'011 42" B8" 7963 ENGINeERING PLANNING .SURVrYJNO JC> 13 r-..I C>_ 03024 --~ A_1DI'OIII.1DI ~~c ACKNOWlEDGMENTS APPROVAL CrY rs: REHTtI't ..-.F'PRO'w£D TlfIS ..2:L DAY OF syt. .. £.rr Wi!!. ~ki1I1JJJ 4'.n ~ 2 ............... >4' PiQnn~/9..dc1a'1'il/f'ubl1c: --... ~tin ... t Admil'dd,.~ KIHC COUNTY OfPARnIDfr a;,~~ . I . &unln~ <InC! --.d 1hI. ~ 1:y.of.~ 2~ s;rt+ NcQlf-1ffd,4f1l i4..yy', !<In'il CounI~,A.--s 0-·'-W'-_ "-_,_ a-- RECORDING NO. ·"ftII~'='t..;a,~ -; . ... ."z.I!!l<H-.. ...... "" .~ :Qb~ .. ::ra.n. . : .... .e,.,rcr;t=: arqw.r ~YIA."" EXISnNG LEGAL DESCRIPnONS RESlRlCnONS tliT f:" UJT .. OlY (F RENn»I lOT l.r£ AD.lJSTWENT WA-QI-oeo, ..u... 153 OF SlJR\EYS, PeS.. ZS-2!l7, f!ECOO1)S OF lONG CClUHTY. WASHNCTON. 1.~lM.5 'iTi ~ Si.e.lI::t ro Nt EASEWDlT IN fAVOR Of" SHOOUAI.WIE FAUS ~ ELECTRIC lRANStoISSION Ltf£S" INtJ..l.ONO T'ERWS AHD ~ CONTAIH!D lHEREH. AS OISOJJSED BY IHS1RU¥ENTS F!ECCfttlED IJtcOER KING COUNTY RECO!OING NOS-11!J070 AHD 20010:51000:20040. 2. nt:s SITE IS SUB.ECY YO WIHERAl RESERVATIONS AHO EXCD>1IC»fS BY f:lCIRlH£RH pACIFlC RAILROAO. IHCl.l.IDIHG lH! 1ER)jS ANJ CCttOITlONS lHERE(lF, AS DISQ..OS[[) BY tHSlRUIoIEKT'S RECORDfD UNDEFI lONG COUNTY R[<:CJ;OffC rros. .a5552J. 200301:2500:2078 AND 200lC1~. ~J to. I .... r U" REH'l'Q« tJlT.Um: .-.o..tlS1'lolDlT WA-D1-080. va.... 153 OF SI.JR'oo£"I'S. PGS:'.254-257. RECC5IC5 OF K"JNC'I(lOUHTY, w"SHN~. . .~~ A' 3. tHIS SITE IS SUB.£CT TO tHE RICH T TO N.t.a NECESSARY su:PES fOR OJTS OR FlUS '}'~,.i' H UPON SAID PRnIIS£S AS GRANTED BY DEED RECORDED UM£R t<ING COUNTY RECOROIHC NO. i r .>;> •••• :..... • ...... ""'''_. 5aZ72OD. ~~.,. ':"'';..' . , .• ,.,., 'A~' ". 4. THIS SITE IS SlJ9.£CT TO AH AffiDAVIT, N#D THE ttRWS AHO ~ ntmEOF, BY .,;''' ,c" .>-'~,i' ;I' ';:""'1". J. W. WClRF!ISC»I, REGARIlING lHE WEST UH( Of" SAID PRDUS£$, AS 0tSClOS£D 6Y .,~' ,·: .. ....,·r i r ~.".:..... :;j'" .l~ IHSlRULIDIT R£COImED UNDER lONG COUNTY RECOlOIHG NO. 1J01l1Q0J.4.4. X .. /' ~'. ''-<--;.'; '~":'" .t" '-lHIS Silt IS SIJ9.£CT TO n£ lERWS ANO PROvISIONS OF OTY OF RENltIH CROIHAHCE ,:" .r ,: (>" ~" ••••• -,. NO. 4612. AS OCSQ..OS[D BY IHstJruW[NT REcaUJED UMO£R KlfoIG COUNTY R£COROCNG NO.. ::';:'/,i:/<?':~::-~_::"\ /~i:f';~~:"':~ I. AlL nTL£ IHRRWAllOI Sio".DN ntS IIW" HA1:eaN ElqRACtm fR(),I,~. ..,' .", AWERlCAN TITLE 1talRAHa:: COWPAKY JRD.RtParr:~ WARAfrfTE£. OUR NO,.:' •• ~' t1. lH$..snE..l$ SlIB.£l:T TO A Ull..llY AND ACCESS EA~r. AND DE: l£RM5 NctI 42O'l-14MS2, OAlm APRIL 02. 2:IXlS''''W SI.IF'PUJ"i[)ITAL II!Ef'CHlS 2 AND l, DAlED.~· ,;' ~ ~.0'0£R A PClI"lJCtt rs:,1.OT. A. OTY rs: ~TtI't LOr UHE AD.IJSlUEHT APRIL 28 N«) JUNE 03, 2DDJ. RE!iPECm£LY. IN [lRa>ARlNC~~.1iI'Af'. CXH DESyrt .-:f _ ll..4-01-o8O, REC."JI(l. 7OC2Q71~. '~;gsa..osm BY INS~T RtCOROED ~~~~~~TY~IS ~~-=~~ ,..~:. ~;,~.NO. ~200I.g,!{'~· .~r MAP AND DlSCLOS£!) BY lHE R£1't:RENCa) SlJ8OI"'~AHlEE. .~ 0ESiICN HAS ~" .......... ,,, ].= J: ~" .~ ... REl.JED 'ilHCl.LY ON FIRST ~ nn.[ CCWPAl'IY'S ~A"ntiHs rs: n!t n~'; ." ., ." :-' .~ ", cao-no. 10 PREPARE THIS SURVEY AND THEREfORE <:OR[ 0£SIQr4 CAlAl..FJI3 1li£ WN''S ,./ .:" ... ~. ,;~ ;:;-.,; =:.:::. :;'=---";;;:t. t'5;~,~/;:~~// ;,:.:" ...... . . f.' .. ,-.".,.".; .. ,.::> ",. . ... -{ .. :.~:.,,/.,,/ . . ,:' ;.' .. ' CORE ~DESIGN ; ...... ~: .... ::~. J..cn'NE.2NI ..... ~ 101 ....... _ ..... ~'-..,....,.., EHGIHEI.IHG· "LANN/NG SU'VErIHG LAND SURVEYOR'S CERnnCA TE o ~ ~)"~ ,.;;';'~~~~ent. c .... ,."."once -..lUI atot. and county IftCltuF~ AUGUST. 2= Ii. .•. ;,,_0~ . ~ J. vAl'«lERZNoiO C..-tlfkcU No.. ... ~1: _ . . __ .. _._---_. :; .... -......... . :-: ;;,. fhct for ~ thls. •. ?::g .. dCI;':i",,_.· ·N~lr.i 5.~20.D_"crU:J,w n bctok :fr. .. _ .: ............... :~:.. 1/ I of_._.ct pog .... _ .. _ CIt tn • .-..qu .. t 012L'!:~ .. · ~ ... , -.-.:---.. ~ .. ~,.,~ KEVIN J. VAMD£RZANOEN ---.. _u .. .i~._ I ...... "'" , ~AW£.-.. '-' .. -"-" '-'-- ._.'._ ... • ....... "" ,~-:- OIl! ,a.-R !""- ,""'.. IJ;I -'=*" .... 1" .:'."~' .::::~~'.--~ "::. _ _ _ - - - - - - - - - - - - - - - - --1~L - - --~,;; A-.ou:s.Z --.:~ - - ---,. I ............ \. ::"'rTT",,-,-,-rril'TT1::lrT""'-I-I-'ii"Tll' ," b ,-I«tc.u> L Q T 1 I I I I ..-;(roGltAICH I ... "" f ./,. ,"."'-.......... ~~,,:;"" I , , " I I N<Xn, ..... "'"'" ~ 'C~.' , " , , 'a' 8ASIS'~.OF ~RING{' .::~:'."/.!-'"' •••••..• '::~:: ~~.:, •..•. ;?' ~ NOO"lt 1 iU4 H87'54'~ = HOO"Il'sn 1104.01 NaIr'21~~ • d. ~: ~'zrw AUM:..,io:;lIIIIlIClflC,:'D,Il!'t ~~ K-sct.IlH1!EST:'· ;: :,.: ~ .1 .. .., ............. ,. HOO'1155"'£: , Wlol'llDlfl"~II_~,l!tllaTTOF-IIEIflQoI-I.DTuc-l.,· :.: :: -",''» ··~LOTI.Jl'Il' -'.;, l00.0J I ~TW4-OI--c8l.'OQ:..·,lIJf7~~~...... .~' ,::~. ...,' .<7 II-I IIWJIICS fS' -tculTT. ~.:.' :: ::. .,' i: ~ '!'?-.~ f'''"'*' t!' ~. """ :Lb ..,\, , .. , ... _.:~ .... /~~;'? ""r 45;;':: .. ,,';>./' LOT' ~II ~ REFERENCES .. : .. ' .. ,. "''''''''./ .7 : .. I~ I. an fI" "DIfCIoI LOT ...... AO..llSrICol WA-OI ___ 'oQ... •• ~. ...",1' ... ..' ::'-~ __ ""'_' ~:f"" ~~ I~ ~~~ lOa 2*-%57. IEtRIS OF" gjIO aulTY. ~~ :{ ~ ' .• " /_.,',.;' •• ..-= .... ,"',. .:.'/"'~>:"""" ... ,._.,::~, '\~; ."',~~<, ... /? ;tl~ T - -..ul'O' ~ IIOiUnm.·:·· ,>' foIOtJ'M~"'"t ~J.~: l I'~ ~ 1 I I .. J I I ~.I LEGEND .1'1 I <.j /. ,".( '''-;v~ .. ,.~,,,,,,,-,,,,,,, I , ~-I" -"''''~C':=:-:-=C:C:7=:::::=:-:.".:-I -eo .. ,_ "'.,~:: :'. ~.:s..~~J ~;~. ~., -'-"'~"" ROSARIO ~"..£. """.. ~ I =~"""-;/"""""""" I ~t .. i--L-j ........ -' ..... l'!>.",;,. ~,~::J~[!h:..J.~1..2lJ.LJ.,/ ./ "/1 ~1ff~:=-~ ."\, /" f' .. "t:, " ........ , ... , .• .:'" -P"'./:' ,..:, ...... , ...... ,,>.:. J' ".<,,' i·e-I i I •. /' ,,:""",:. .:~: Z,lI lIJ2.l9 j ________ • ___ . _______ •• ;;:. ,'!,:. f" :1!l ..... ~~IQ,~.:/ .:'~ .".:.1 ___________ ,~.~c .• " .,' " :~ ltrcxiw-ll"1: 10 1CICn"TJU"'[ ZJ5l.&,5S.i:;G:T CF ~ \Q;..'~"04flC) '"' ,:' ----;r---.or;~ 4::"~/~>~~~i~~:~ "',::Z/;:::::>/'· ~~:~~- SCALE: 1 = 200 'c'. . .. , ..... ,. ", .,. . .. ". ,'. ..... ",.", ..... /', ... ,./" :(:': ... :~".,~:.' .. j 'j T T .~ ;,' ':, .. ' .. ",,, ........ , ... ,.,.- CITY OF RENTON LOT UNE ADJUSTMENT LUA~3-0ID-U.A lNO-JO-0268 LOT , lOT , CORE ~DESIGN ~"'~J fNGIHfl.'NG • PLANNING. SlIrVEYING AA<A IIffilRE W. 78.t2.l± so. FT. (1.79J5± At.) l • .599,Nei': sa. FT. (3B.:ne;J± AC.) """ ., ,~ AAEA ArTER LL< 8.3,77&% so. FT- (l.~ ... C.) 1.594.143: sa. FT. (.36..5965.: AC..) -- i flIed for Record at the request of: KING COUNTY WATER DISTRICT NO 90 15606 S.E. 128TH STREET RENTON. WASHINGTON 98059 Easement No : _'.u'''''-2 ... 3''''-S''''-''''22'''''R..L..-________ _ ProJect: __ -'"M"'a""'IJ[""e..,en.wHUJlll,Ilgb""la:oLn"'d.,.s ..... D ... 1\l""'sw..lo!J.1n .... 1_-GE}(;AYC ... IS>!;..jE :r AX NOT REQUI RED Tax ParcellD#' 112305-9004 K1ngCO.R~~ B~~.Deputy ~H~awrb~o~ll~rwH~om~e~8~ln~c _______ ·_~~ Grantor(s): 1010 SOllth 336!h Street. SlIIte 305 Federal Way. Washington 98373 Grantee(s). KING COUNTY WATER DISTRICT NO. 90 AGREEMENT FOR EASEMENT " 20031020000315.001 THIS INDENTURE. made thIs.&. day of CJc-k.!J.ur , 2003, by and between KING COUNTY WATER DISTRICT NO. 90, a muniCipal corporation of King County. Washington. hereinafter termed the "Grantee". and HARBOUR HOMES, INC., A WashIngton Corporation. hereinafter termed the "Grantors'; WITNESSETH That the said Grantors for ONE DOLLAR ($1 00) and other valuable conSideration, the receipt of which is hereby acknowledged by the Grantees, does by these presents convey. grant and warrant unto the Grantee a permanent easement for water' maIns and appurtenances under, through, above, and across the follOWing descrrbed property sItuated In KIng County. Washington, together with all after acquIred title of the Grantors therein, and more particularly descrrbed as follows. Page 1 of 5 • 20031020000315.002 ; Easement No.' 11-23-5-22R PARCEL DESCRIPTION' Lot A of Renton Lot Line Adjustment 01-080-LLA per Record No. 20020715900003, located In the East half of the Southwest quarter of Section 11, Township 23 North, Range 5 East, W M., King County, Washington. EASEMENT DESCRIPTION That portion of the above-described parcel further desCribed as follows' The South 36.00 feet of the North 139.40 feet of said Lot A TOGETHER WITH a 15.00 foot wide striP of land lying 7.50 feet on each Side of the follOWing deSCribed centerline' , . Beginning at the Northeast corner of Lot 25 of the adjacent plat of Maureen Highlands, DIVISion 1. . Thence easterly 5.00 feet; Thence northerly 26 00 feet to the POint of Beginning of said centerline; Thence easterly 25.00 feet to the East hne of said Lot A and the terminus of said centerline deSCription. The Grantor warrants that their tlUe IS free and clear of all encumbrances except. (These blanks should be erther hlled OJ and OJI~aJed by the Grantor or x'd out completely) " the property of the Grantors at the time of granting this easement Is unplatted but IS platted pnor to the recording of thiS document, then the Grantors do hereby authOrize the Grantee to add to thiS agreement the deSignation (volume and page, etc) of such plat The Grantor acknowledges that part of the consideration being paid by the Grantee IS for any and all damage resulting to or resulting hereafter from the pOSSible Interference of the natural flow of surface waters by Grantee's digging of pipe lines which may dISturb the soli composition Within said easement. The Grantee shall have the nght without prior Institution of any SUIt of proceeding at law. at such lime as may be necessary, to enter upon the easement for the purpose of constructing, repairing. altenng or reconstructing said water mains, or making any connections hereWith, wrthout Incurring any legal obligation or liability therefor. prOVided' (1) The Grantee. Water Dlstnct No. 90. will restore Grantors property to a condition as F \21\18fAEasomenlS'Ptu Estnn124 090503 doc Page 2 015 (2) (3) (4) (5) 20031020000316.003 , Easement No : 11-23-5-22R good as or better than Ihe premises were prior to entry by the Grantee, Water Dlstnct No 90; The Dlstnct will exercise Its best efforts not to damage any pnvate Improvements on the easement herein, but If It does so, It shall repair andlor replace said Improvements; Restoration, replacement, and repair shall be .completed Within 90 days of the date of any entry by the Dlstnct and said restoration, replacement, or repair Will be of a quality andlor quantity that IS comparable or better than existed prior to the Grantee's, Dlstncfs, entry upon the easement The above set forth conditions shall apply not only 10 Ihe initial construction but also 10 any re-entry by the Water Dlstnct that becomes necessary for repair and mainte- nance of the water line on said easement Any damage andlor removal of any ornamental tree, shrub, fence, or rockery shall be replaced Within the aforementioned 90 day penod by the District. The Grantor shall retain the nght to use the surface easement If such use does not Interfere with the installatfon, repairing, altenng or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the eXistence of said easement The easement, dunng Its eXistence, shall be a covenant runmng With the land and shall be binding on the successors, heirs, and assigns of both of the parties hereto. P 'al\letN!asemantsl.Plnl EJmnl24 0005M doo Page 3 of 5 20031020000315.004 , Easement No.: 11-23-5-22R IN&,%~HEREOF, lIwe have set my/our hand(s} and seal(s) this ,IJ day of -'-_.6<:<_~_~~ ____ , 2003. STATE OF WASHINGTON ) COUNTY OF KiNG ) ss , . ON this ~ day of D<t gIo, ( , 2003, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared John Merlino to me known to be the DIVISion Vlce President of HARBOUR HOMES, INC, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned WiTNESS my hand and offiCial seal hereto affixed the day and year above wnt1en. F 'a1\ 1II8\EalOnltnll\Plai a,lMl 24 000503 doC Page 4 of5 20031020000316.006 • EASEMENT NO 1 '-23-5·22R , , -~=C~=-:=~--~~==~==~== __ r9~ __ ~S~E~12~OT~H~S~T.-~:'~ __ _ 1 0 1-, \ I • ----, I .----j .!. I 8 I I I , 'I I". L r'----'---~~--" ·----·-F j i , , ..l- I 'I t"J , " 0' 'I ,--&:r--'-IoiJ---OOiJ:_ -hl~:rj:=-=-'"""'i I -t _ ~_...J... ______ ... , : (--r 4----t---, ~ 1 " PC'" "'" -_00-1 I" iii \ I I ~' : I I ',I , 'I !, , ~': I ____ oo_h , , I i I I ~ ___ _ r ,: l'--' ---roo, -"-l-'-~-.. --. F: I~ , 'I I . I I, I j : I ; ; , 1 -:to I;R -------I I I ' ' : I I~ j~---"- 1 : \ L NE!TTHPl! I, I ------~ ~r-f-" -~--. ---~"T1r-:-t-----' I I', ----_ ---____ " I ' -. ,,---'1>' I : (---------,: ,..---; , I ' I ------1 : I ' .. • , : I' I I I !' , I ~-:L __ ._-, _______ -6:l' / -----i: -1 I I i I----.--.v I I : I , I I 'I i I :' , I " . I , .-----'~' .,------,------I 'I I , : I'll! I , ' I : I ~ : I I I .-.. --~ ",: .1-.----~--4_.-.--j: j, I I : II \ 'Y" I!~ I I : I ! '" .. I ' I 1 ,I '"" \ ~ \ -·-.... 1-i 1~ 1\ " .. --\ \ \ I " Iz ~ \ ~\ . , 1 m " \.\ \ ---'F =l I \ _~--. .1, \ 3-· --.-----.-\ ~ \ I _ \ ' \ , \ \ \ \ '\' _____ .. ~_...J_ , [: ~~ 1---; 'I I " > to to ~ m to 0 IA ~ " ... ~ 0 'II :( ~ % ~ a ~ ... , .1,-,-_ Maureen Highlands DIV. I SW 1/4. SEC. 11, nw. 23 N .. RGE. 5 E., W.M •• COUNTY, WASHINGTON cOiE ~DfSIGN 14nl H.t.29WIn.s.. ,01 ..... w..IIIrtcI-91007 4UW.7V7 hu .... ,;L/Ia.tJ"Pd.J ENGINfUING • 'L4NNING· SURVEYING JOB NO. 03024 ~;' ;'.: , :'.: .~: /. \. ;~."''''>'''--.''''''': BASIS or BB.lRINOB .'--. ' .... ~ •... ::: .•. / . "1iih1'21"li' AiAiO IIllII.WHTftI UIIllI LtlE fI 1m: WJTHtOl OU.IJITDI '-" UCllOf 1I~U-& I'fJI UN (f' IIIIHTDII 1.0, lII[ .olI.lJrT'IIDfT UJ.-Il!~ ~ III " aJlfolTS.. rGI. U4+1I1. II[aJ1OI (f' ~t«IIXUITY. 1l1oUIlH1mlII. .:::., "':'::~~ •••• :::. .' ;:., ., ,:;,.::::: .. :,,: ~~ em or RBN'I'OH RlPlRBNCB WO j' , .. ; ...... ~.;.... \" IICl 1104' -._ "' Ii C:OIte. ..aN. Ii US[, ~T1« INJUIIlGllQt f6 ~ :n;;:':: :; ~: ~: : ::~[ l4::-cT~l· rI H~ .~\r. ~ iu ~'4. 1.[. .... ::: .::::::., ,: '::;:::;;'" .. BURVlYOR'S NOTIS VICINI TY MAP ," -2000'± '.~ cORE ~OESjGN ,g" It.!. :It'III"", UII fNG/NEflING. 'LANNING· SUlvtYrNG .JOB NO. 03024 ( \ \ lAACT A \ \ \ .SCALE: bY APORTlON 1" = m ; ·~ . Maureen Highlands DIV. r 5 E .. W.M., 14 15 " " " 20 " " L --- I 17 I I --- I t/Jt-I " __ I~ __ - ____ -"7H.I~-_ ---------------------- 50' or LEGEND $ UTI1.l11.W1OClI"I'fllIDrnIi CCIICJII:It Wtl'lllll£NT IN CAU loS SItO'/ItI ~. IIOTnI OMhl:l. 0 • <®> In Ill' • 14' IIDIoIII W/'YnLOW PUSl1C ell' IlAllfll) 'co![ XHlr fOONe IIDAIt w, m.t.ow 1'I..l5llC t..II' '".."" 1Il0l4 1l12li ZUJJ Jl4CIt' ~Lm 01HOl'll:l ~01m. SET T,IQ( ,.. LlJ.II w/!HID 'lOur QI ""Of'OfY IN: 0ltHD0I us fltT II lnI rI nICIIT lOT CDI~ IKLIS HOllO O'DCl\'MSL ClIT fI II£NltIN ITIInT .won:ss cDiE ~DfSIGN 1.011 tu:2II1fI" Soh 101 w.-~,1tX11 ENOINEflllHG • Pi.1oNNINO' SUIlVeYING JOB NO. 03024 A PORTION 56 ~ ~ -'~,"""";;;"'iJ""" ~~~ ~ fUHI Itr ION! _/mlJIIII'U.IIIC r..op '111loIII ,_ lING U»II 11« ~ G1IOIJlla 1iIlIW. IZ:Y 1/1' • U· lION! w/'l'tl.l.W I'USlIC: ,., lTAWID 'taU: lO4.a1' ., 'W QTIIllO LOT a:JIO Highlands I 2J No, RGE. !! E'., W.M" 12 11 <§ Cltf ~ Ronlll IWl"I A/lClIIaS rou ~OESIGN 50' I " I 1-- " I I " l- I " l- I " ~ ~~ I " ~~L ~~ "~ I §~ ,. I- I '-' 1.(1'" ;U;nII\,.,_'DI ---SCALE: I" = !aJ i T ENG/HIEl/NG' 'JANNING' SUIVty/NO .JOB NO. 03024 .~ . Maureen Highlands DIV. I 23 N., RGE. 5 E., W.I.4 .• 51 LECBND $ en ITNIIAfIO an or IIt/tTOl ~~cWri,~~ 2T Itr x I.' lI04II 1I,Ml.J...OW I'U.SlIC CI# SlAWI'fll "1XJIt lCKrT' • ~~lNtI~r=~'~ III U[\/ or nIONT I.IJf CUIHOn IN.CiS N01tP OnllJllCL ~ an' or IIDIltH STIIUT .IllIlIIDI • E£r 1/2" I 14' ~ 1I/"tlU-OW' rLo\.S1IC CAl' 1T,\WfD 'tCIII[ .JO.U1" .T &.00' OFJUT TO LOT 00fNlI , ~. cDiE ~DfSIGN " " ,. " 17 ,.0" ~2P1rtI'lur.IOI -....-WoM/IIg... HOIP' .n~ rP.nJ.IU7MJ EHGINf!fIlHG. 'lI.HNING· SURvEYING JOB NO. 03024 --- --- ,'.; 5EB SItmn' ~ FOR CONTINUATION 5 E., w.t.4., .... ~. cDiE ~DES'GN :''';~'~''' " ":. . ';", ~".~." '.. SHEET 6 0'1<,,7 ") \·W.l-O~·:OIlQ:-PP '-'.:,~~, .:.:' ,-,; .~.... " ' ..••. 1MI-IOw031~' •. \\ ... " : ... ":~. . ....... . " JO " " IOJ'1'd.29III.I'I. .... 'OI --""'" ENG/NEE.,NO· 'tAHNING· SUrVEYINO .JOB NO. 03024 Maureen Highlands .. :. DIV. 1 A PORTION Of' THE NE 1/4, SW 1/4 &'.:if:::l-/.4. SW 1/4. SEC. It, nw. 23 N .. RGE. 5 C, W.~., CITY OF REnfbN, KIN'S, COUNTY. WASHINGTON .r .~-. 16 DIT.lIL ~ 57 ", ColE ~OESIGN "'. '0" N.t.:l""",SWt.l01 ---dUIU877 Flu .(l$.IIsnu fNG/NUIlING· PLANNING' SU'VtylNG .JOB NO. 03024 20031124001222.001 Plea •• prtnt OJ' type> mronnahon WASHINGTON STATE RECORDER'S C Sh over eet (RcW 65 IU) Document TltIe(s) (or transocbons contamed therein) (on ore"" apphcnblelo your documnnl!!ll!!! bn aned m) I .:: u. • .t4.e::.,~ ,= '" c.. G,,, .... ZOI:.,7"·. 2 3 4 'Reference Number(s) of Documents assigned or released: Addluonal reference #'8 on page __ of document Grantor(s) (Last name, lirat name, lDltJalS) I ~c..h" c. '" ~ """ e ~ 7 " c.-, 2 , Addlbonlll nomes on page __ of document Grantee(s) (Lost name first, then first name and IDlullls) 1 t:!:Z:2.,:P ~-, 2 . AddItional names on page __ of document Legal description (abbreViated i e 101, block, plat or secbon, townshIP, range) ~<2""" .e:: •• ", W'vd.2 .-....L Addlilonallcgal IS on page __ of document Assessor's Property Tax parcellAcc~nt Nnmber o Assessor Tax II not yet IISSlgned ~ ~ :L :, Q S-Cl D I 0 S The AudltorlRccorder WIll rely on the mformabon prOVIded on the form The staffwtll not read the document to verIfy the accuracy or completeness of the mdexmg informatJon proVIded herCIR I am requestmg an emergency nonstandard recordmg for an addittonal fee as prOVIded m RCW 36 18 010 I understand tbat the recordmg processmg reqUirements may cover up or otbeJ'WIse obscure some part orthe text oftbe ongmal document ______________________ ,Slgnature ofRequesttng Party A " . After Recording Return to Geonerco Management, Inc AUn Jenmfer Valenta 1300 Dexter Avenue North Suite 500 Seattle, WA 98109 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR . Tm;PLATOF MAUREEN mGHLANDS -I 20031124001222.002 DECLARATION O:F COVENANTS, CONDITIONS, AND RESTRICfIONS FOR THE PLAT'OF MAUREEN HIGHLANDS 20031124001222.003 THIS DECLARATION IS made on this 1 Othday of October, 2003, by Harbour Homes, Inc a Washington corporatiol1 ("Declarant") .: RECITALS A. Declarant IS the owner of that certain real property located In the City of _ Renton, County of King, Washington; 'contained WIthin the boundaries of the Property . described In the attached Exhibits A 8IJd B and known as the "Plat of Maureen Highlands". The Plat of Maureen Highlands has been granted preliminary plat approval by the City of Renton File No LUA-0I-079 The subdivision IS to be recorded in DIVISIons B. Declarant desires to subject the real property legally described In Exhibit A hereto to the provISIons of this DeclaralJon to create a reSidential comrnumty ofsmgle-family housing (as "smgle family" is defmed below) and related uses as set forth In Section 62 hereof C As heremafter provided In this Declaration, Declarant retams and reserves the TIght, priVilege and oplJon to submitto the prOVISions of this Declaration at a later time and from time to time as a part of the Maureen I-lIghlands community, all or any pornon of the property legally descTlbed In Exlubit B hereto. NOW, THEREFORE, Declarant hereby declares that all of the property descTlbed In ExhibJt A and any AddllJonal Property desCTIbed In Exhibit B as may by amendment be subjected to thiS Declaration, Includnis the improvements constructed or to be constructed thereon, shall be held, sold, tnmsferre~, conveyed, used, occupied, and mortgaged or . otherwise'encumbered subject to the 'c;ovenants, conditions, restnclJons, easements, assessments, and hens, heremafter sefforth, which are for the purpose of protectiog the value and deSirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be bhidmg on all persons having any TIght, title, or mterest In all or any portion of the real property now or hereafter made subject hereto, their respecnve heirs, legal representatives, successors, successors-In-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof -2 20031124001222.004 ARTICLE 1 , DEFlNITIONS .:.- 1.1 Words Defined. The f'oHowmg words, when used m this Declaration or m any Supplemental Declarahon (unless the context shall prohibIt), shall have the followmg meanmgs. , 1.1.1 "AddItIOnal Property" shall mean the real property shown on ExhIbIt B whIch may be Included m the Maureen HIghlands community, together WIth all unprovements thereon ' 1 12 "Assoclahon"shall mean the Maureen Highlands Homeowners AsSOCIation, a Washmgton nonprofit corporation, Its successors and asSIgns I J.3 "Board of DIrectors" or "Board" of the Assoctahon shaH be the , appomted or elected body, as apphcable, havmg Its normal meamng under Waslungton law 1 1 4 "Bylaws" shaH refer to the Bylaws of the Maureen HIghlands Homeownera ASSOCiation ' 1.1.5 "Common Areas" shall mean any and all real and personal property and easements and other mterests therein, together WIth the faclh!tes and improvements located thereon as designated on the final platofthe Community or as otherwise conveyed to the Association for the common use and enjoyment ofthe Owners The Common Areas owned by the Association at the !tme of recording of the plat for DiviSIOn J are descnbed in Exlublt A and depicted on the final recorded plat ofthe Property. Addltlonal Common Areas desIgnated as such on later diviSIOns of the Plat of Maureen Highlands may be dedIcated at the time , AddItional Property IS added to the Property by amendment hereto .~:I J 1 6 "Commumty" shall mean and refer to that certam real property and interest therem descnbed in Exhibit k; and such additions thereto as may be made by Declarant by amendment hereto ::", '~, J I 7 "Commurnty-Wide Standard" shaH mean the standard of conduct, mamtenance, or other activity generally prev81hng m the Community Such standard may be more specifically determined by the Board of DIrectors of the Assocla!ton Such determInation, however, shall generally be made with reference to the standards onginally established by the Declarant 1.1 8 "Declarant" shall mean and refer to Harbour Homes, Inc and Its successors-m-tltle and assIgns, prOVIded any such successor-In-tItle or assign shall acqUIre for the purpose of development or sale all or any portion of the remammg undeveloped or unsold portIOns of the Property, and prOVIded further, m the instrument of conveyance to any such successor-m-title Dr assIgn, such successor-in-title or aSSIgn IS designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such desIgnation of such -3 20031124001222.006 successor Declarant, all nghts of the :f~rmer Declarant in and to such status as "Declarant" hereunder shall cease, it bemg understood that there shall be only one "Declarant" hereunder " ..•.. ~,. at anyone pomt in nme. , \: '.: 1 1 9 "Development Penod" shall mean that period of orne beginning on the date thIS Declaration IS recorded m the, records of Kmg County and ending on the earhest to occur of (i) ten (10) years from the date ofrecordmg of thIS Declaration; or (11) the date Declarant holds a specIal meeting of the Assoclaoon, in accordance WIth the Bylaws, for the purpose of transltlorung the management of the Assocmoon from the Declarant to the Owners, or (111) the date 120 days after Decllll'lliit has conveyed 75% of the Property 1 1 10 "Governing DoCUments" shall mean and refer to this DeclaratIOn, the Articles of Incorporation (If any) and Bylaws of the Assocmoon, and rules and regulaoons (If any) of the Commuruty adopted by the Board, as any of the foregoIng may be amended from , hme to tIme 1 1 11 "Lot" shall mean any plot of land Wlthm the Commumty, whether or not Improvements are constructed thereon, whIch constitutes or will consolUte, after the construcnon of Improvements, a resIdential dwelling SIte as shown on a plat recorded 10 the records of King County , I I 12 "Mortgage" means any mortgage, deed of trust, and any and all other similar mstruments used for the purpose of encumbering real property 10 the Commuruty as secunty for the payment or satlsfacoon of an obhgatlon I 1.13 "Mortgagee" shall mean the holder of a Mortgage 1.1.14 "Occupant" shall mean any Person occupymg all or any portIOn of a residence or other property located within the Community for any period of ome, regardless of whether such Person is a tenant or the Owner of such property. J I 15 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fce SImple title to any Lot located Wlthm the CommunIty, excluding, however, any Person holding such Interest merely as security for the payment or satisfaction of an obligatIOn 1 1 16 "Person" means any natural person, as well as a corporatIOn, Joint venture, partnershIp (general or hmited), assoc18tion, trust, or other legal ennty 1 1.17 "Property" shall menn the land described in ExhIbIt A, together WIth all Improvements thereon, and upon submISSIon to the prOVISIOns of thIS Declaration, the land descnbed in ExhIbit B or pornon thereof, together with Improvements thereon 1 1 18 "Smgle Family" shall mean a single housekeepmg unit, WIthout regard to the construction type or ownerslup of such umt, that mcludes not more than four (4) adults who are legally unrelated. -4 , 20031124001222.006 ./.~: . , 1.1 19 "Supplementalj)eclaraoon" means an amendment or supplement to tlus DeclaratIon which subjects additi.6nal property to this DeclaratIOn or that Imposes, expressly or by reference, additional <If modified restnctIOns and oblIgatIOns on the land descnbed thereIn : I 1.20 "Total Association Vote" means all of the votes attnbutable to members of the ASSOCiatIon (IncludIng votes of Declarant) ARTICLE 2 PLAN OF DEVELOPMENT 2 I Development of Property The Property lrutlally shall consist of the real property described m Exhibit A The Property mitla1ly contaIns seventy-five (75) Lots and , one single-family residence may be constructed on each such Lot. The Property also Includes the Common Areas owned by the ASSOCiation and deSignated as such on the Plat of Division I. All Lots Within the Community shall be and are hereby restncted exclUSively to a Slngle- family residential use and shall be subject to the standards and restrictions set forth In Article 6 hereof. 22 Plan of Development of Additional Property, Declarant hereby reaerves the opoon to be exercised In Its sole discretIOn, to submit from time to time the Additional Property or portion or portions thereof to the provISIons of this Declaration and thereby to cause the AdditJonal Property or a portion or porllons thereof to become part of the Property At thiS time, Declarant mtends that the Commuruty shall Include One (\) additional single- family resldentJaI division, In addition to the Property Declarant mtends that In the event the second diVision IS mcluded in the Property there shall be approximately one hundred twenty- five (125) smgle-family reSidences total together with certtun Common Areas devoted to passive and active recreatIOnal use by all Owners on an eqlIal basis However, Declarant is not obligated to mclude any Additional Property or Improvements to the Property as presently configured and reserves the right to develop more or fewer Lots, and more or less recreational Improvements WithIn the Common Areas, at Declarant's sole option, consistent With the followmg' 2 2 I The option to add the AdditIonal Property as descnbed herem may be exercised from tIme to time by Declarant In Its sole discretIon at any time prior to the expl1'lllIon of the ten (10) year penod commencIng on the recordmg date of thiS DeclaratIon, 2 2 2 Pomons of the AdditIonal Property may be added to the Property at different times, and there are no limitatIons fixing the boundaries of those portIOns or regulating the order sequence or location 10 which any of such portions may be added to the Property, 2 2.3 If the Additional Property or any pomon thereof IS added to the development, the layout and design of the Property shall be substantially in accordance with the Plat of Maureen Highlands previously approved by the City of Renton, -5 20031124001222.007 2.2.4 The option reserved by Declarant to cause all or any portion of the Adcbtlonal Property to become part ofthe development shall m no way be construed to Ifl1pose upon Declarant any oblIgatIOn to add all or any portion of the Addluonal Property or to construct thereon any improvements of any natUre whatsoever. The opuon reserved to Declarant to add the AddItIOnal Property may be exercised by executIOn of an amendment to thIs Declaration which shall be filed WIth the Recorder's Office ofKmg County, Washmgton, together WIth the plat of the relevant dIVISIon shOWIng the AddItional Property or such pomon or pomons thereof as are bemg added SImultaneously therewith, Declarant shall convey to the ASSOCIation all Common Areas contained WIthin the Additional Property Any such amendment shall expressly submIt the AddItional Property or such pomon thereof to all the provIsIons of thIS Declaration If the AddItional Property or any pomon thereof IS added to the Property, then the number ofvotesm the ASSOCIation shall also mcrease accordingly by the number of Lots in the AdditIonal Property so that there shall continue to be a unIform and , ~onslstent method of vOting an assessment WIthin the Property 2 3 Interest Subject to Plan of Development Every purchaser of a Lot WIthin the Property shall purchase such mterest and every Mortgagee and lIenholder holding an interest therem shall take title, or hold such security mterest with respect thereto, WIth nouce of Declarant' s plan of development as herem set forth and Declarant shall have and does hereby specIfically reserve the nght to 'add the AddItional Property or any pomon thereof to the Property as hereinabove proVIded. Declarant further reserves the nght WIth respect to all Lots WIthin the Additional Property to convey to the purchaser thereof the title to such interest, together with Its appurtenant membership and votmg rights 10 the ASSOCIation Any proviSIOn of this Declaration to the contrary notwithstandmg, the prOVISIOns of the foregomg plan of development as set forth m thIS ArtIcle 2 may not be abrogated, modified, rescinded, supplemented or amended m whole or m party WIthout the pnor written consent of Declarant ARTICLE 3 MAUREEN HIGHLANDS HOMEOWNERS ASSOCIATION 3.1 Description of AssocIation. The AsSOCIation may, at the electIon of the Declarant or the Assocmuon, be mcorpomted as a non-profit corpomtlon organized and eXIsting under the laws of the State of:Washmgton The Association shall be charged WIth the duues and vested WIth the powers prescribed by law and set forth m the Governmg Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwtse mterpreted so as to be mconslstent WIth this DeclaratIOn. 3.2 BOArd of Directors. Declarant shall have the nght to appoint or remove any member or members of the Board of Directors or any officer or officers of the ASSOCIation until termination of the Development Penod. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests m Declarant the authonty to appomt and remove dIrectors and officers of the AssociatIon during the Development Penod. The directors selected by the Declarant need not be Owners The number of directors shall be as set forth in the Bylaws 6 20031124001222.008 Followmg termination of the Development Period, the Board of Directors shall be elected by the Owners m accordance with the Bylaws. 3.3 Membership. Every Owner of a fee mterest in any Lot that IS subject to thiS DeclaratiOn shall be deemed to have a .membershlp m the ASSOCiation and membership m the Associauon shall consist exclUSively of such owners The foregomg IS not intended to include Persons who hold an interest merely as secunty for the performance of an obligation, and the glvmg of a secunty interest shall not tCrmmate the Owner's membership No Owner, whether one or more Persons, shall have more than one (1) membership per Lot Membership shall be appurtenant to and may not be separated from ownership of any Lot The rights and pnvlleges of membership, includmg the nght to vote and to hold office, may be exerCised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned 3.4 Voting. Members shall be entItled to one (1) vote for each Lot owned When more than one (1) Person holds an ownership interest 10 any Lot, the vote for such Lot shall he exeTCIsed as those Owners themselves determme and advise the Secretary prior to any meetmg In the absence of such advtce, the Lot's vote shall be suspended 10 the event more than one (I) Person seeks to exercise it 3.5 Architectural Cogtrol Committee. No constructlOn, alteratJon, addition, refurblshmg, or erectIon of any structure or any naliIre whatsoever shall be commenced or placed upon any part of the CommuDlty, except that wiuch IS mstalled by the Declarant, or IS approved m accordance with t/us Section, or as is otheTWIse expressly permitted herem Any such constructIOn, alteration, additIOn, refurblsiung. or erection shall not be made unless and until plans and speCificatIons showing the nature, kmd, shape, size and height, architectural design nnd detaIl, materials, workmanship, colors, location on Site, improvement and site grade elevattons, and Site landscapmg',shnll have been subTDItted 10 wnUng to and approved by the ArchitecliIral Control Commlttee,(the "ACC") established pursuant to this.secUon 3 5. The Board may employ architects, e~g1neers, or other Persons as it deems necessary to enable the ACC to perform Its review. Written design guIdelmes and procedures ("DeSign Guidehnes") may be estabhshed by the Board for the exercise oft/us reView, which Design Gwdelines may proVide for a review fee. Copies of the Design GUidelines shall be available to all Owners upon request for a reaSonable fee 3 5 I The ACC shall consist of not less than one (l) nor more than three (3) members, who need not be Owners So long as the Declarant owns any property for development and/or sale In the Commumty, the Declarant shall have the fight to appoint or remove any or all members of the ACC Upon the expimtion or earher surrender m writing of such fight, the Board shall appomt the members of the ACC The Declarant has named John Merhno, whose address IS 1010 S 336th Street, SUite 305; Seattle, Washington 98003 as the sole member of the ACC 3 52 Members of the ACC shall not be entltled to compensation for semces performed pursuant to this SecUon 3.5 TIle Association shall defend, mdemmfy, and hold 7 20031124001222.009 each members of the ACC harmless for any hablhty incurred while serving as a member of theACC 3 5 3 The ACC shall be the sole arbiter of plans submitted to It and may withhold approval for any reason, mcludmg aesthetic consldemtlOns, and It shall be entitled to stop any construction m Vlolation of approved plans or thiS Declamtion 35.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEmmR THE ACC, THE MEMBERS THEREOF, NOR TI-IE ASSOCIATION ASSUMES UABIUTY OR RESPONSIBIUTY TI-IEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION; THE ACC, THE BOARD, NOR THE OFFICERS, 'DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGUGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR F AlLURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, TIm ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF ORIN CONNECTION WItH ANY JUDGMENT, NEGUGENCE, OR NONFEASANCE AND HEREBY W AlVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT TI-IE TIME THE RELEASE IS GIVEN' 3.6 Bylaws. Rules and R~gulations. The Board on behalf of the AssociatIOn shall have the power to adopt, modify, and amend bylaws, rules and regulations govenung the Community, proVided that such bylaWs, rules and regulations shall not be mconslstent with thiS Declamtion and shall apply UJlIfortniy to all Owners, except as specifically provided herem The Board shall have the power to enforce the rules and regulations on behalf of the Assoclalion and may prescnbe penalties or fines for their violation Any such bylaws, rules and regulations shall become effeclive thirty (30) days after promulgation and shall be mllIled to all Owners pnor to their effeclive date. A copy of the bylaws, rules and regulatIOns then m force shall be retamed by the secretary of the ASSOCiation The Declarant on behalf oftbe Board may adopt the milial bylaws, rules and regulatJons -8 ARTICLE 4 ASSESSMENTS 20031124001222.010 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes ofpromotmg the recreatlon, health, safety, welfare; common benefit, and enjoyment of the Owners and occupants of Lots, mcluding the mamtenance of real and personal property, all as may be more Specifically authorized from tlme to time by the Board of Directors. 4.2 Crcation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not It shall be so expressed m such deed, covenants and agrees to pay to the Assoc18tlon. (i) annual assessments or charges, (II) special assessments, such assessments to be established and collected as heremafter provided, and (lll) specific assessments established pursuant to the terms of thiS Declaration, ~ Including, but not limited to, reasonable fines Imposed in accordance with the terms of tlus Declaration 4 2 1 All such assessments, together with (I) late charges, (ii) mterest set by the Board, not to exceed the maxlmlim rate penm1ted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, mcluding, without hmltation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a contlnumg lien upon the Lot against whIch each assessment IS made 4 2 2 Each such assessment, together WIth late charges, interest, costs, mcluding, WIthout limitatlon, reasonable attorneys' fees actually mcurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due Each Owner shall be personally liable for the portion of each assessment commg due while the Owner of 8 Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance, provided, however, the liabJllty of a grantee for the unprod assessments of Its grantor shall not apply to any first Mortgagee taking tltle through foreclosure proceedmgs or deed in lieu offoreclosure 42 3 The Associatlon shall, Wlthm five (5) days after recelVmg a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association settmg forth whether the assessments on a specified Lot have been paid Such certificate shall be bindmg upon the Association as of the date ofissUaJlce 4 2 4 Annual assessments shall be leVled equally on nil Lots Assessments shall be paid in such manner and on such dates as may be fixed by the Board Unless othel'W1se provided by the Board, tile assessment shall be prod m annual installments 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covenng the estimated costs of operating the AssoclatJon during the commg year and the assessments to be leVied 8gams! each Lot, which may mclude an amount for capital reserves m accordance With a capital budget separately prepared The Board shall cause a summary of the proposed operatmg and capital budgets and the proposed assessments against -9 20031124001222.011 each Lot for the following year to be'~alled to each Owner. The Board shall set a date for a spectal meetmg of the Owners to con~ider ratification of the budget withm thirty (30) days '," after adoptIon by the Board and not le.~~ that fourteen (14) nor more than SIXty (60) days after the matling of the proposed budgets arid assessments. Unless at such meetmg the budget IS rejected by at least seventy-five percent (75%) of the Total Assoctalton Vote, 10 person or by· proxy, the budget shall be ratified, whether or not a quorum IS present In the event the proposed budget IS rejected or the required notIce IS not gIven, the budget 10 effect for the then current year shall contmue in effect unt!l the Owners ratify a subsequent budget 4.4 Reyised Budget. If the financial circumstances or needs of the ASSOCiation matenally change dunng any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to conSider ratification of the reVIsed budget and assessments 10 the same . inanner as the regular annual budget as set forth in Section 4 3 above. 4.5 Special Assessment.~. In addition to the other assessments authonzed herem, the Association may levy speCial assessments for expenses such as, but not luntted to, capital improvements from tIme to tlnte If approved at a meeting by two-thirds (2/3) of the Total ASSOCiation Vote. Special assessments shall be paid as determmed by the Board, and the Board nmy permit special assessments to be prod 10 IOstallments extending beyond the fiscal year in wluch the special assessment IS imposed 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to thIS DeclaratIon, together WIth late charges, interest, costs, includlOg, without limltatlon, reasonable attorneys' fees actually mcurred, as prOVided herem, shall be secured by a hen on such Lot in favor of the ASSOCiation Such hen shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes, or (b) hens for all sums unpatd on a first Mortgage or on any Mortgage to Declarant duly recorded 10 the records of Kmg County and all runounts advanced pursuant to such Mortgage and secured thereby in accordance WIth the terms of such instrument. All other Persons acquiring hens or encumbrances on any Lot after the recordmg of this Declarallon shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not pnor consent is speCifically set forth in the mstruments creatIng such hens or encumbrances 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or mstallment thereof delinquent for a period of more than ten (10) days shaH incur a late charge in an amount as the Board may from time to lime determine The Associallon shall cause a nollce of delinquency to be given to any member who has not paid withm ten (10) days following the due date If the assessment IS not paid within thirty (30) days, a hen, as herein proVided, shall attach and, In addition, the hen shall Include mterest set by the Board from time to lime, on the prmclpal amount due, late charges, costs of coHectlon, mcluding, without limitatIon, reasonable attorneys' fees actually mcurred, and any other amounts prOVIded or permitted by law 10 , I ';"'f. ,'3 ~:\ .,~ ;'; ~\ ';t ,.;:,~. '.r·Z" 20031124001222.012 .;:~.¥ 4 7 I In the event that,the assessment remams unpaid after SIXty (60) days, the Association may, as the Board shrill determme, instItute SUlt to collect such amounts . "~ .f and/or to foreclose Its lien Each Owri~r, by acceptance of a deed or as a party to any other type of conveyance, vests in the ASSOCIatIOn or Its agents the nght and power to bring all actIons against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid hen in the same manner as other hens for the Improvement ofreal property 4.72 The hen provided for in this ArtIcle shall be m favor of the ASSOCiatIon and shall be for the benefit of all other Owners. The AssociatiOn, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same 4.7.3 No Owner may wruve or otherwIse exempt himself from habllIty for , the assessments provided for herem, mcludmg, by way of illustratIOn, but not limItatIon, abandonment of the Lot 4.7.4 All payments shali be apphed first to costs, then to late charges, then to mterest and then to dehnquent assessments 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be m arrears 10 the payment of any assessment due, or shall otherwise be In default of the performance of any terms of the Ooverrung Documents of the AssocI8tion for a penod of thirty (30) days, srud Owner's votmg nghts shall, WithOut the necessity of any further actIon by the ASSOCIatIon, be suspended (except as agamst foreclOSIng secured partIes) and shall remam suspended untIl all payments, includmg interest thereon, are brought current and any other default IS remedIed No Owner is reheved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month followmg conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remrunmg in that fiscal year 4.10 Specific Assessments. In addition to the general and specI81 assessments outlined above, the Board shall have the power to levy such speCIfic assessments pursuant to this Section 4.10 as, in its ruscretion, It shall deem appropnate All other terms and conditions of thiS Article 4 relatIng to general and speCIal assessments shall apply to the levy and collectIon of the speCific assessments covered hereby and the Assoc18Uon shall have all powers and remedIes for collection and enforcement of such assessments as are apphcable to the general and specIal assessments set forth above FIDes leVIed pursuant to Section II 1 of this Declaration and the costs of maintenance performed by the ASSOCIation for which the Owner IS responsible under Sections 5 3 and 5 4 of this Declaration shall be speCific assessments II 20031124001222.013 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the ASSOCIation ARTICLES COMMON AREAS; MAINTENANCE 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described above and any Common Areas acquired by the ASSOCIation In the future The Association shall maintrun all stormwater drainage and detention faclhties as shown on the recorded plat. If the streethghts are installed and there is no procedure for bllhng indIVIdual lot owners then the Assoctation shall pay the bIlls for the streetlights The Assoctation shall also maintain all other facilities serving the Community not _ dedIcated to or mamtalned by a pubhc entity The foregomg maintenance shall be performed . consIstent WIth the Commumty-Wide Standard 5.2 Property Not Owned by Association. The Associallon shall have the nght, but not the obhgabon, to maintain other property, whether or not owned by the AssociabOn and whether withm or without the Commuruty, where the Board has determined that such maintenance would benefit all Owners In the event any Private Tract is not mruntained by the Owners of such tracts, the Assoctabon shall have the nght, but not the obhgatton, to mmntain the pnvate trllCt at such Lot Owner's expense pursuant to the procedure In Section 5 4 below Without hmitatlon of the foregomg, the Assoctation may enter Into a joint maintenance agreement with adjoming property owners or assoCl8tlons for the repair, mamtenance and replacement of IIny shared faclhtles or other property 5.3 Damage Caused by Owner. In the event that the Assoctation detennines that the need for mamtenance, repaIr, or replacement, whIch IS the responslblhty of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or mvitees orany Owner, the ASSOCIation may perform such maintenance, repaIr or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and becomc.a part of the assessment to which such Owner is subject and shall become a hen agrunst the Lo.l of such Owner. 5.4 Owner's Responsibility. 5 4 1 Except as provided in Sections 5.1, 52 and 5.3 above, all maintenance of any Lot and all structures, parlong areas, landscaping, and other improvements thereon together WIth the landscaping and trees on any parlong stnp fronting any such Lot, shall be the sole responsibihty of the Owner thereof, who shall prOVIde mruntenance consIstent WIth the Community-WIde Standard and thIS Declaration The perimeter fencing, If any, shall be mamtruned and repmred, In umform appearance, by the abutttng lot owners. In the event that the Board of DIrectors of the Association detenmnes that any Owner has fruled or refused to discharge properly any of such Owner's obhgatlOns with regard to the mruntenance, repair, or replacement of Items for whIch such Owner IS responsible hereunder, the AsSOCIatIOn shall, except In an emergency SItuation, give the Owner wntten nottce of the Assocmtion's mtent to 12 20031124001222.014 provide such necessary mamtenance, r~prur, or replacement at the Owner's sole cost and . expense. The notice shall set forth WIth reasonable partlculanty the mamtenance, repairs, or replacement deemed necessary The Owner shall have ten (10) days after receipt of such notice witlun which to complete suchtnamtenance, repair, or replacement, or, in the event that such mamtenance, repair, or replacement is not capable of complellon within a ten (10) day penod, to commence such work which shall be completed Wltlun a reasonable time If any Owner does not comply WIth the proviSions hereof, the Association may prOVide any such mamtenance, reprur, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a hen agamst the Lot. 542 Upon the recording of the plat(s) the Common Area Tmcts WIll be gmnted and conveyed to the Association Ownerslup and Mamtenance of the Common Area shall be the responsibility of the ASSOCiation. In the event the Association IS dIssolved or , otherWIse faIls to meet Its property tax oblIgations as evidenced by non-payment of property iaxes for IIperiod of eighteen (IS) moftths, then each lot in tlus Commuruty shall assume and have an equal and undIVIded ownershtp Interest in the Common Areas previously owned by the ASSOCiatIon and shall have the attc;ndant financIal and mruntenance responslbihtJes 5.5 Conveyance of Com~on Areas by Declarant to Assoeiation. Dunng the Development Penod, the Declarant may transfer or convey the Common Areas to the Association, Including any personal property and any Improved or unimproved real property, leasehold, easement, or other property mterest Such conveyance shall be accepted by the Assoclabon, and the property shall thereafter be Common Areas to be mruntained by the AsSOCiatIOn The Common Areas shall be subject to an easement of common use and enjoyment in favor of the ASSOCiation and every Owner, their helTS, successors and assigns m accordance WIth the terms and conditions of the Govemmg Documents. Such nghts to use the Common Areas shall be appurtenan(to and shall not be sepamted from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner In any way except upon the transfer of title to such Lot, and then only "fo the transferee of such Iltle and shall be deemed so conveyed whether or not it shall be so expressed m the deed or other mstrument conveying title. Certam nghts of use, mgress,., egress, occupatIOn, and management authority In the Common Areas set forth elsewhere iii thiS Declarallon shall be reserved to Declarant for the dumtion of the Development Penc;>d Declarant shall not be reqUITed to make any improvements whatsoever to property. to be conveyed and accepted pursuant to this SecMn 5.6 If any Common Area IS currently owned or IS aCCJU1red m the future wluch is designated as a steep slope, as a wetland, as a buffer, as a nabve growth proteeMn area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the mUnICipality whIch deSIgnated such Common Area as sensItive. Notwithstandmg the proVISIOns In thiS ArtIcle 5, or In SeeMn 10 1 below, or In any other proVision oftlus Declamtion, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area Access shall be hmlted to mamtenance aCIlVltles . approved by the muniCipality 13 20031124001222.015 ARTICLE 6 USE RESTIUCTIONS AND RULES 6.1 ' GenerallRules and Regulations. This Article, begmning at Section 6 2, sets out certain use restrictIOns wluch must.: be complied WIth by all Owners and Occupants These use restrictIOns may only be amended m the manner provided m Section 11.3 hereof regardmg amendment of thIS Declaration In addition, the Board may, from time to time, WIthout consent of the Owners, promulgate, modIfy, or delete other use restrictions and rules and regulatIOns applicable to the Community Such use restrictions and rules shall be distributed to all Owners and Occupants prIor to'the date that they are to become effective and shall thereafter be bmdmg upon all Ownera';and Occupants untt! and unless overruled, canceled, or modIfied m a regular or specIal meeting by a majonty of the Total AssocIation Vote and the consent of Declarant dUrIng the Dev~lopment PerIod , , 6.2 Residential Usc. Except as provided m this SeCtion, all Lots shall be used for smgle-famlly resldentml purposes exclUSIvely WIth the exception that certain home occupatIons may be penmtted, subject to the guldelmes and rules estabhshed by the Board, If any, and subject to approval by the Board Such home occupations may be limIted to certain bus mess uses, shall not create any dJs~bance, nOIse, or unsIghtliness, shall not unduly mcrease traffic flow or parking congeStIon, and shall not be in VIOlation of any of the provisions of the Governing Documents Use of the Lots shall in all cases be 10 compliance WIth all apphcable laws, ordmances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as proVIded m Section 6 4 below, all resIdences constructed witlun the Commuruty by any Person shall be subject to deSIgn reVIew and approval by the ACC wluch may cover the mmlmurn SIze, arclutectural style, height, scope of Improvements, qualIty of design, materials, workmanship, and slllng standards WIthout restrictmg or limlttng the authority of the ACC pursuant to SectIOn 3.5 m approvmgor dIsapproving of any speCIfic proposal, the follOWIng restriCtions shall apply to the Commllliity m general ,'-1 63.1 Only one Smg~~ Family home shall be penmtted on each Lot. Two story or spItt level homes shall includ~ no less than 1,300 gross square feet of itV1flg space, exclUSIve of one-story open porches'M,Jd garages One story homes shall include no less than 1,000 gross square feet of hVlng space, exclUSIve of one-story open porches and garages 6 3 2 After Declarant has completed construction of all houses m the Community, any remodeling or exterior addition to any resIdence or other structure erected or placed on any Lot shall be completed as to external appearance, includmg finished pamting, wlthm SIX (6) months after the date of commencement of construcllon All front, side and rear yard landscapmg must be completed WIthin SIX (6) months from the date ofclosmg of the purchase of the resIdence by the Owner from the Declarant In the event that strict enforcement of this provIsIon would cause undue hardslup due to weather conditIOns, this proviSIOn may be extended for a reasonable length of time when approved by the ACC 14 20031124001222.016 63 3 All homes within the Community shall contam a garage, carports shall not be penrutted. Unless othel'Wlse approved by the ACC, all garages must be attached to, or Incorporated m and made a part of, the:resldence constructed upon a Lot In granting wwvers to this requIrement, the ACC WIll consider functional necessIty and architectural deSirability 6 3 4 All dnvewaysand parking areas shall be paved WIth matenal approved bytheACC 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet hIgh or extendmg into the front yatd of any reSidence shall be erected, allowed or mruntained upon any Lot, Without the prior wntten consent of the ACC. All fences shall be constructed of wood matenal unless approved by the ACC. Any such fence, bamer, row of trees, or hedge shall be stnctly m comphance WIth DeSign OUldehnes, if any, estabhshed by the ACC, which standards may provide for hmlted acceptable styles and/or speCIfications 6.3 6 Each home constructed on a Lot shall be built of new matenals except, With approval of the ACC, decorallveitems such as used bnck, weathered plankmg, and Similar Items All Visible masonry shall be native stone, brick or stucco Types and colors of exterior prunt and stam must be submitted to the committee for approval. Any change to the exterior color of any Improvement located on a Lot, Including, WIthout hmitabon, the dwelhng, must be approved by the ACC , 6 3 7 All roofs on dwellings and garages shall be of compOSite, tile or cedar shake and shall have a mimmum pitch of four/twelve 6.4 Existing Residence. Intentlonally onutted. 6.S ~. No Sign of any kmd shall be erected by an Owner or Occupant WIthin the Commumty WIthout the prior wntten conseot of the ACC Notwithstandmg the foregomg, the Board and the Declarant shall have the right to erect reasonable and appropnate signs includmg, Without limitatIOn, signs related to Declarant's development and marketing of reSidences Wlthm the Commumty In addition, "For Sale" signs and security signs consistent WIth the Commumty-WIde Standard and any signs reqUIred by legal proceedmgs may be erected upon any Lot. 6.6 Vehicle.,. The tenn "vehicles" as used herem shall include, without Iimitauon, automobtles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable atrcraft, motorcycles, snowmobiles, mlm-blkes, scooters, go-carts, dune buggies and any other towed or self propelled transportabon type vehicle The term "passenger vehicles" as used herein shallmclude passenger automobiles, vans, small trucks, motorcycles, and sunilar type vehtcles used regularly and primanly as transportation for the Occupants of the Lot VehICles used for commerc18l and recreallOnal purposes are not conSidered passenger vehicles. "Parkmg areas" shall refer to the number of garage parkmg spaces and driveway areas 10 front of garages However, driveway areas shall be conSidered "parkmg areas" for passenger vehicles only. IS )3 :.i~!1i ·~~i·..i !~f .. 1~ . . !,~ . .b. ~1'-" ~:; ~f (.;~ 20031124001222~017 6.6.1 No vehicles ofMr than passenger vehicles in regular use may be parked on any Lot or portion ofthe Comm~!y, except In parking areas on Lots, or in a screened area on a Lot, If such screened area is appf6ved by the ACC. Any vehicle regularly parked m an unapproved area or for longer than ~~ty-four (24) consecutive hours shall be considered a nUIsance and may be removed from th~ Community 6.6.2 No passenger vehIcles may be parked on any Lot or portion of the CommunIty except m "parking areas" as defined m this SectIon. 6 6 3 Any passengervehicle whIch is moperable or unhcensed and not capable oruse on the pubhc highways and wluch IS parked on any parking area for a penod of more than forty-eight (48) hours shall be treated the same as a non-passenger velucle and shall be consIdered a nUisance and may be removed from the Community . 6 6 4 The Board may adopt and mamtam current rules and regulatIOns -concermng the parkmg and storage ofvelucles on any Lot or any portion of the Community Said rules are to protect the Community from the potentIally adverse impacts of vehicles on the CommunIty enVIronment and to accommodate the evolvmg nature and use of such velucles. Such rules and regulatIons may prOVIde for exceptIons and/or modIfications to the condiltons of this SectIOn as determmed in the sole discretion ofthe Board The Board shall rule on any dIspute as to the mterpretatIon or apphcatlon of this SectIon and all rules and regulatIons estabhshed by the Board WIth respect to vehicles 6.6.5 Off-street parkmg for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parkmg shall be provided for one (1) or more passenger vehicles, plus a dnveway for at least two (2) additional passenger velucles, unless approved by the ACC. 6.7 vehicles on Common Areas. No motonzed vehicles shall be permItted on pathways or unpaved Common Areas except vehIcles bemg used for the lunited purpose of operating ond maintalmng utilitIes. 6.8 Leasing. Lots may be leased for reSidentIal purposes. All leases shall have a mimmum term of at least three (3) months All leases shall reqUIre, WIthout hmitation, that the tenant acknowledge receipt of a copy of the DeclaratIon, Bylaws, and rules ond regulations of the AssociatIon. 6.9 Occupants Bound. All provIsions of the Declaration, Bylaws, ond of any rules ond regulatIons, which govern the conduct of Owners ond which provide for sanctIons 8gamst Owners shall also apply to all Occupants Fmea may be leVIed against Owners or Occupants If a fine IS first leVied agamst on Occupant and IS not paid timely, the fine may then be leVIed agomst the Owner 6.10 Anim!lls. No animals, hvestock or poultry of any kmd shall be raised, bred or kept m the ComrnUlUty, prOVIded, however, that conventional household pets may be kept on a Lot subject to the follOWIng restnctions' Pets shall not be kept, bred or mamtained for ony 16 20031124001222.018 ,:~; . commercial purposes Owners shall b~ responsible for the unmedmte clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet ·r' Pets shall be confined In the Owner's Lot unless on a leash and accompanied by a responsible . "\ ,'~ person No domestic pet may be keptif It IS a source of annoyance or a nUIsance The Board shall have the authority to determme w.hether a particular pet IS a nUisance or a source of annoyance, and such determmatlon shilll be final and conclusive Pets shall be attended at all times and shall be registered, licensed ~nd moculated from time to time as reqUIred by law 6.11 Mining Prohibited. No portIon of the Community shall be used for the purpose of bonng, mining, quarrymg, or explonng for or removing 011 or other hydrocarbons, mmerals, gravel, or earth 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on hiS or her Lot No Lot shall be used, , tn whole or m part, for the storage of any property or thing that WIll cause such Lot to appear to be m an unclean or unlldy condition; nor shall any substance, tlung, or matenal be kept that wIll emit foul or obnoxious odors or that Will cause any nOise or other condillon that wIll or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No Illegal, IlliCIt, noxIous or offenSive activity shall be carned on Within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nUIsance to any Person using any property within the Community WithOUt lImltmg the generality of the foregoing, no speaker, horn, wiustle, SIren, bell, amplIfier or other sound deVice, except such deVices as may be used exclUSively for secunty purposes, shall be located, mstalled or maintamed upon the exterior of any Lot unless reqUIred by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other actIVIties, mcluding speCifically, without hmltlngthe generality of the foregomg, the assembly of and disassembly of motor veiucles and other mecharucal devices, which I11Ight tend to cause disorderly, unSIghtly, or unkempt conditions, shall not be undertaken outside of homes or garages Garage doors shall be kept closed at alll1mes unless they are m use In addll1on, the storage of eqUipment, machmery, constructIOn supplies or any similar matenal on a Lot outside of the home and garage constritcted thereon IS strictly prohibited except as reqUIred dunng the remodehng or refurbishing of Improvements on such Lot and then for not more than sixty (60) days 6.14 Antennas. No teleVISion or radio antenna, tower, satelhte diSh, or exterior antenna of any kind shall be placed, allowed, or mamtruned upon any Lot or any portion of the Commumty unless screened from view from the street Without the pnor wntten consent of the Ace Each Owner and Occupant acknowledges that dus provIsion benefits all Owners and Occupants and each Owner and Occupant agrees to comply With thiS prOVISIOn despite the fact that the erectIOn of an outdoor antenna or slmliar device would be the most cost-effectIVe way to transmit or receive the signals sought to be transmitted or received 6.15 No Obstruction of Easements. Catch bastns and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these 17 20031124001222.019 .. ~ areas No Owner or Occupant may obfuuct or re-channel the drainage flows after location and mstallallon of drainage swales, storm sewers or storm drains Declarant hereby reserves for the benefit of Declarant and the ASSOCiation and their respecbve successors and asSIgnS a perpetual easement across all Common Areas and Lots for the purpose of mamtaining or a1tenng drainage and water flow No' structure, planting, or other material shall be placed or permItted to remam upon any easement which may damage or mterfere WIth the mstallallon and mruntenance of any ullhttes, unless approved by the Board prior to mstallatton. At no tlme shall any access easements be blocked 6.16 Sight Distance at Intersections. All property located at street mtersecbons shall be landscaped so as to permit safe Sight across the street corners No fence, wall, hedge or shrub planting shall be placed or permitted to remain where It would create a traffic or sight problem as determined by the ACC IUltS sole discretton 6.17 Garbage Cans. Woodpiles. Etc. All garbage cans, woodpIles, air- condlttomng compressors, machmery, equIpment and other SImilar items related to the operallon of the reSidence shall be located or screened so as to be concealed from view from the street abuttmg the Lot on which such Items are located All rubbIsh, trash, and garbage shall be regularly removed and shall not be allowed to accumulate Trash, garbage, debns, or other waste matter of any kind may not be burned WIthin the Community 6.18 Subdivision of Lot. No Lot shall be subdIVIded, combmed or ItS boundary lines changed except With the prtor written approval of the ArchItectural ReVIew Committee Declarant, however, hereby expressly reserves the right to re-plat or amend the boundary hnes of any Lot or Lots owned by Declarant Any such dIVISIon, boundary line change, or re- plattmg shall not be In violatton of the apphcable subdlVlslOn and zoning regulabons 6.19 Guns. The use of firearms in the CommunIty IS prohibited. The term "firearms" mcludes without hmitation, BB guns, pellet guns, and firearms of all types 6.20 Utilities. Except as m~y be permItted by the ACC, no overhead utIlity lines, Includmg lines for cable teleVISIon, shall be permitted within the Commuruty, except for temporary hnes as required dunng construCtion and except as such lines eXIst upon recordtng of the plat of the Community or as reqUIred by utthttes serving the Commuruty. 6.21 Lighting. No colored'Ilghts (except holiday dIsplays and yellow insect type hghts) shall be permItted at any location Wlthm the Commuruty All exterior fixtures that are attached to the home shall be of compatlble design and materials of the home. Any post mounted extenor fixtures shall be of compattble design and matenals as the fixtures attached to the home No fixtures wluch Illuminate and exceSSIvely glare onto any other Lot shall be permitted, and all extenor hghts shall be screened to minImIze impacts of light and glare No unshIelded spotlfloodbght fixtures are permItted. 18 20031124001222.020 6.22 Artificial Vegetation. Exterior Sculpture. and Similar Items. No artificial vegetatIOn, exterior sculpture, fountrul1s, and sImIlar Items shall be perrmtted 10 the front yard of any Lot unless approved by the Aq::. 6.23 Mailboxes. All mrullidxes located on Lots shall be of a style approved by the ACC MaIlboxes shall be attached orily to stands proVJded and maintained by the AssoclaUon 10 designated 10cDUons. 6.24 Clotheslines. No extenor clotheslines of any type shall be permItted upon any Lot unless entirely screened from vIew from other Lots 6.25 Exterior Security DeVices. No exterior secunty deVIces, mcludmg, without hmltatlon, wmdow bars, shall be penn.itted on any reSIdence or Lot. Signs placed on the Lot , or the exterior of the reSidence statmg"that such reSidence IS protected by a security system are permISSIble ' 6.26 Constnlction and Sale Period. So long as Declarant owns any property m the Commumty for development and/or sale, the restrictions set forth 10 thIS Article 6 shall not be apphed or interpreted so as to prevent!. hinder or mterfere WIth development, constructIOn and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUAL TV LOSSES 7.1 Insurance Coverage;"The Board of Directors or the duly authorized agent of the ASSOCIation shall have the authority to and shall obtain or cause to be obtained IDsurance as follows 7 I I The Board shaliobtrun insurance on all Insurable bUIldings and, where the Board deems there to be a reasonable nsk, other substantlal structures whether or not such bu!ldmgs or structures are located on lJie Common Areas and whtch the Assoclal1on IS ~'I . obligated to maIDtrun Insurance on ~\llidings shall proVIde, at minimum, fire and extended coverage, includlDg vandalIsm and nil\hcloUS mIschIef, and shall be In an amount suffiCIent to cover the full replacement cost of an:Y'repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those nsks deemed advisable by the Board and shall be m such amounts as are deemed adVIsable by the Board The Board may insure other types of improvements, mcludmg entry monuments, landscaping, and the like, as it deems adVIsable WIth respect to such other Improvements, the Board shall detennine the nsks to be msured and the amounts of msurance to be earned " 7.1 2 The Board shallobtrun a public hablhty policy applicable to the Common Areas covenng the AsSOCiation and its members for all damage or mJury caused by the neglIgence of the Association or any of its members or agents, and, If reiJsonably available, duectors' and officers' hablhty msurance. The public hability pohcy shall have a combmed 19 20031124001222.021 single hmlt of at least One MJlhon DQlIars ($1,000,000 00) unless otherwIse detenmned by the B,oard. . 7.1 3 The Board is hereby authonzed to contract WIth or otheTWIse arrange to obtrun the insurance coverage required'hereunder through the Declarant and to reImburse Declarant for the cost thereof, and Declarant shall be authorized, but not obhgated, to purchase such Insurance covemge for'the benefit of the AssoclBtion and the Owners upon Declarant and the AssociatIOn agreeing upon tbe teoos and condItions apphcable to reImbursement by the AssoclatJon for .costs Incurred by Declarant m obtainmg such coverage Notwithstanding anythmg contruned iii thlS Declaration to the contrary, the Board shall not be reqUIred to comply WIth the provlSlo.;s of thIS Article If the Board has contmcted for or othelWlse arranged to obtain the required insurance coverage through the Declarant. 7 I 4 PremIUms for all insurance shall be common expenses of the , AssocIation. The poliCIes may contrun a reasonable deductlble, and the amount thereof shall not be subtracted from the face amount of the pohcy m deteoommg whether the Insurance at least equals the full replacement cost. " 7.1 5 In the event InsUrance premIUms In connectIon with the msurance reqUIred by this Arhele 7 become prohIbitively expensive, 10 the judgment of the Board, the Board may WIth approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the reqUIred insurance, self-insure itself, or dIscontinue the insurance all together 7.2 Policy Regulrement!!. All such msurance covemge obtruned by the Board of DIrectors shall be written m the narneofthe Association, as trustee for the respectJve benefited parties Such msurance shall be governed by the prOVlslons hereinafter set forth. 7 2 I All pohcles sJuUI be wntten with a company authonzed to do busmess m Washmgton 7 2 2 ExclUSive auth~nty to adjUst losses under poliCIes obtained by the AssoclBtion shall be vested in the As~ociatJon's Board ofDlfectors, proVided, however, no Mortgagee having an interest in such:Iosses may be prohibited from participating m the settlement negotiations, if any, relate.~ thereto ; 7 2 3 In no event shall the insurance covemge obtained and mruntained by the Assoclatton's Board of Directors he";;under be brought mte contribution WIth Insurance purchased by mdiVldual Owners, occupants, or theIr Mortgagees, and the inSllfance carried by the Associabon shall be primary 7 2 4 All casualty in~urance pohcles shall have an mfiatJon guard endorsement and an agreed amount el)dorsement If these are reasonably available and all Insurance pohcies shall be reviewedlUlnually by one or more qualified persons, at least one of whom must be in the real estate mduS!ry and famihar. with constructIOn in the CIty of Renton 20 20031124001222.022 . i, 7.3 Other Insurftnce. I~ ·addltlOn to the other insurance reqUIred by thIs Article 7, the Board shall obtam worker's coIripehsahOn insurance, If and to the extent necessary to satisfy the reqUIrements of apphcablel~ws The Board may, m Its dIscretion, obtam a fidelity . bond or bonds on directors, officers .. employees, and other persons handling or responsible for the AssoCIatIOn's funds, If reasonably avaIlable The ASSocJallonshall obtam addItional insurance coverage, If and to the extent necessary to sallsfy the requIrements of the Federal Home Loan Mortgage Corporation, the Federal NatIOnal Mortgage AssoCl8llon, the U S Department of Veterans AffaIrs, or the,D S Department of Housing and Urban Development. "''<' 7.4 IndividulIl Insurance. . By virtue oftakmg title to a Lot subject to the terms of this DeclaratIOn, each Owner acknow)~ges that the AsSOCIation has no obhga1Jon to prOVIde any msurance for any portion of mdIVidual Lots, and each Owner covenants and agrees with all other Owners and WIth the AssocliltJon that each Owner shall at a mimmum, carry fire and extended coverage casualty Insurance on the Lot and all structures constructed thereon in an " amount suffiCIent to cover the fujI replacement costs of any repair or reconstructIOn in the event of damage or destruc1Jon from any such hazard 7.S Damage and Destruction -Insured by Association. 7.5.1 Immediately aft~r damage or destruction by fire or other casualty to all or any portion of any Improvement covered by msurance wntten 10 the name of the Association, the Board of DIrectors or its duly authorized agent shall proceed WIth the filing and adjustment of all c1rums arIsing under such insurance and obtam reliable and detailed estImates of the cost of repair or reconstruction of the damaged or destroyed property. Reprur or reconstructIOn, as used in thIS SectIon, means repairing or restoring the property to substanllally the same condition and location that eXIsted pnor to the fire or other casualty, allowing for any changes or Improvements necessItated by changes in apphcable bUIlding codes The Board of Directors shall have the enforcement powers speCIfied in thIS DeclaratIOn necessary to enforce tJus proviSIon 75.2 Any damage or destruction to property covered by msurance written in the name of the AsSOCiatIon shall be repaired or reconstructed unless, wlthm Sixty (60) days after the casualty, at least seventy·five percent (75%) of the Total Associa1Jon Vote oilieTWlse agree. If for any reason eIther the amount of the insurance proceeds to be paid as a result of such damage or destruction, or rehabie and detaIled estimates of the coS! of repaIr or reconstruction, or both, are not made. available to the AsSOCIation withm such penod, then ilie period shall be extended untd such informatIon shall be made available, prOVIded, however, such extensIon shall not exceed SIXty (60) days No Mortgagee shall have the nght to participate in the determmation of whether damage or destruction shall be reparred or reconstructed 7 5 3 If the damage or destrucllon for whIch the insurance proceeds are prud IS to be reparred or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Dlrectors shall, without the necessIty ofa vote of the ASSOCIatIon's members, levy a special assessment agronst all Owners m proportion to the number of Lots owned by such 0m:ers Additional assessments may be made in like manner at any lime 21 /.J'!4 . ,4'1.' . 20031124001222.023 -(:.,;, . ~:~~j.~ .,·,.,-tt 1.110 .;;:,:'~" . :~iir:: .~,; dunng or following the completJon aDiny repair or reconstructIOn If the funds aVaIlable from msurance exceed the costs of repair or;reconstrucuon or If the Improvements are not repaired or reconstructed, such excess shall bC''deposlted to the benefit of the Association "'~I ~ 7.5.4 In the event that: It should be determined by the Association In the manner descnbed above that the damage or destruction shall not be reprured or reconstructed and no alternative Improvements are authorized, then and in that event the property shall be restored to Its natural state and maintained as an undeveloped portion of the Community by the Association m a neat and attraclive condition. 7.6 Damage and Destrudfon -Insured by Owners. The damage or destructJon by fire or other casualty to all or any poruon of any improvement on a Lot shall be repaired by the Owner thereof Wltlun seventy-five (75) days after such damage or destrucuon or, where repalTS cannot be completed within seventy-five (75) days, they shall be commenced withm , such period and shall be completed Wlthm a reasonable time thereafter A1tematJvely, the Owner may elect to demolish all Improvements on the Lot and remove all debns therefrom Within seventy-five (75) days after such damage or destruction In the event of noncompliance With thiS prOVision, the Board of Directors shaH have all enforcement powers speCified herem. 7.7 Insurance Deductible. The deduclible for any casualty insurance policy carried by the ASSOCiation shall, in the event of damage or destruction, be allocated among the Persons who are responSible hereunder, or be a common expense of the Association ARTICLES CONDEMNATION In the event of a taking by eminent domaIn of any portion of the Common Areas on which Improvements have been constructed, then, unless within SIXty (60) days after such taking, at least seventy-five percent (75%) of the Total AssociatJon Vote shall otherwise agree, the ASSOCIatIOn shall restore or replace such improvements so taken on the remaining land Included In the Common Areas to the extent lands are available therefor The prOVISIOns of SectIOn 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The follOWing prOVISions are for the benefit of holders of first Mortgages on Lots 10 the Community The prOVisions of this Amcle apply to both this Declarallon and to the Bylaws, notwithstanding any other proviSiOns contamed therem 9.1 Notices of Action. An mstitutiOnal holder, msurer, or guarantor ofa first Mortgage, who provides n wntten request to the AssocmtJon (such request to state the name 22 l :. 20031124001222.024 and address of such holder, Insurer, ~i'guarantor and the Lot number, therefore becoming an "ehgible holder"), will be entitled to'tlmely wntten report as to the current status of saId Lot wIth respect to the following ,":i,' 9 1 1 Any condemmitlon loss or any casualty loss whIch affects a matenal portIOn of the CommunIty or whIch affects any Lot on whIch there IS a first Mortgage held, 1Osured, or guaranteed by such ehglble holder; 9 1.2 Any delinquency 10 the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder 9.2 No Priority. No prOVISIon of this Declarauon or the Bylaws gives or shall be construed as glVlng any Owner or other party priority over any nghts of the first Mortgagee of any Lot In the case of distributIOn to such Owner of Insurance proceeds or condemnatIOn , awards for losses to or a talong of the Common Areas 9.3 Notice to Association. Upon request, each Lot Owner shall be obhgated to furnIsh to the AssoclatJon the name and address of the holder of any Mortgage encumbenng such Owner's Lot 9.4 V AlHUD Approval. As long as the Declarant has the nght to appoint and remove the directors of the Association and so long as the project is approved by the U S Department of HOUSing and Urban Development ("HUO") for mSUrlng or the U.S Department of Veterans Affrurs ("VA'') for guaranteeing any Mortgage In the Commumty the followlOg actions shall reqwre the pnor approval of the VA andlor HUD as applicable dedIcation of Common Areas to any public entIty; mergers and consohdatlons, dIssolution of the Association, and material amendment of the Declaration, Bylaws or ArtIcles of Incorporation. 9.5 Applicability of Article 9. Noth1Og contruned In this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the DeclaratIOn, Bylaws, or Washington law for any of the acts set out in this Article 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of then respecbve reqUIrements which necessItate the provIsIons of this Article or make any such requirements less strmgent, the Board, without approval of the Owners, may cause an amendment to thIS Article to be recorded to reflect such changes ARTICLE 10 EASEMENTS 10.1 Ellsemenls for Use and Enjovrnent. 23 · . 20031124001222.025 10 I 1 Every Owner of a Lot shall have a nght and easement of mgress and egress, use and enjoyment in and to .the Common Areas wluch shall be appurtenant to and shall pass with the title to each Lot, subject to the followmg provisions 10 I I I the right of the ASSOCiation to charge reasonable fees for the use of any portIon of the Common Areas, to limIt the number of guests of Lot Owners and tenants who maiuse the Common Areas, and to provide for the exclUSIve use and enjoyment of speCific portIOns thereof at certam designated tunes by an Owner, his famIly, tenants, guests, and mVltees; 10 1 1.2 the right of the Assoclabon to suspend the vobng nghts of an Owner and the nght of an Owner to use cerla!n Common Areas for any period dunng wluch any assessment against such Owner's Lot remains unprud, o • 10.1.1 3 the right of the ASSOCIation to borrow money for the purpose of Improvmg the Common Areas, or any portIon thereof, or for constructJon, reprunng or imprOVIng any faclhtles located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveymg all or any portion of the Common Areas, prOVIded, however, the hen and encumbrance of any such Mortgage given by the AssocIation shall be subject and subordmate to any nghts, interests, optIOns, easements and pnv!leges herem reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, lITespectlve of when executed, gIVen by Declarant or any Lot Owner encumbering any Lot or other property located within the Commuruty, and 10 I I 4 the nght of the ASSOCIation to demcate or transfer all or any portion of the Common Areas subject to such condItions as may be agreed to by the members of the Association No such dedIcation or transfer shall be effective unless an Instrument ngreemg;to such dedication or transfer has been approved by the aif1flDative vote of at least seventy-five percent (75%) of the Total Association Vote, proVIded, however, that dunng the Development Penod, Declarant may, on its sole SIgnature, dedIcate or transfeipcmons of the Common Areas, so long as such transfer or dedIcation does not materially and adversely affect the Association or any Lot Owner. 10 1.2 Any Lot Owner may delegate such Owner's nght of use and enjoyment In and to the Common Areas and facihties located thereon to the members of such Owner's frumly and to such Owner's tenants arid guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, Ifleased. ' .. ' 10.2 Easements for Utilities. There IS hereby reserved to the Declarant, the ASSOCIation and any utility proVIders deSIgnated by either the Declarant or the Association blanket easements upon, across, above and under all property Wlthm the Commumty for access, ingress, egress, installatIOn, repairing, replacmg, and mruntammg all utllltles serving the CommunIty or any portIon thereof; including, but not bmlted to, gas, water, sarutary sewer, stonn sewer, cable teleVISIon, telephone and electnclty It shall be expressly 24 20031124001222.026 permIssIble for the Declarant, the Assocmtlon, or the desIgnee of eIther, as the case may be, to Install, repair, replace, and maIntaIn or to authonze the Installation, repaIrIng, replaclOg, and maintainmg of such wIres, condUIts, cables and other equipment related to the prOVIding of any such utilIty or serVIce Tlus easetiient shall be utilized so as to not unreasonably interfere WIth Improvements constructed UPOll any Lot and the buIldIng envelope for any ummproved Lot Should any party furnIshIng any such utIlIty or service request a specIfic lIcense or easement by separate recordable docu!flent, the Board shall have the right to grant such easement "', 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the AssoCiation across such portions of the Commuruty, determIned In the sole discretIon of the ASSOCIatIOn, as are necessary to allow for the maIntenance required under Article 5 Such mwntenance shall be perfonned WIth a minimum "' of Interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense 10.4 Easement for Entry Features. There IS hereby reserved to the Declarant and the ASSOCIation an easement for ingress, egress, InstallatIon, construCtion, landscapmg and mamtenance of entry features and surnlar street-scopes for the Commuruty on Lot I of DIVISIon I and on any other lot In future DIVISIons as more fully descnbed on the recorded subdIVISIon plat for any of the DlVIsions in the Community or any other recorded instrument, easement or conveyance The easement and right herem reserved shall mclude the nght to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. IO.S Construction and Sale Period Ensement. NotWIthstandmg any proVISIOns contamed In this Declaration, the Bylaws, Arbcles of Incorporation, rules and regulations, design gUldelmes, and any amendmenis thereto, so long as Declarant owns any property m the Community for development and/or sale, Declarant reserves an easement across all Commuruty property for Declarant arid any builder or developer approved by Declarant to mwntwn and carry on, upon such poitton of the Commumty as Declarant may reasonably deem necessary, such faCIlIties and actiVIties as ID the sole opiruon of Declarant may be reqUIred, convenient, or IOcldentai to Declarant's and such bUIlder's or developer's development, construction, and salesiictlVltles related to property descnbed above, IDcludmg, but WIthout limitation' the right of access, mgress and egress for vehIcular and pedestnan traffic and construchon activIties over, under, on or m the Commumty, mcludmg, WIthOUt limitation, any Lot, the right to tie into any portion of the CommunIty WIth dnveways, parkmg areas and walkways, the nght to tie into and/or otheTWlse connect and use (without a tap-on or any other fee for so domg), replace, relocate, mwntam and repwr any deVIce wluch prOVIdes utIlity or SImIlar servIces mcludmg, without lirmtatJon, electrical, telephone, natural gas, water, sewer and dramage lines and facIlIties constructed or mstalled m, on, under and/or over the CommunIty, the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, SlgnS, construchon traJiers, model reSIdences, and sales offices Declarant and any such budder or developer may use residences, offices, or other buildmgs owned or leased by Declarant or such builder or developer as model 2S 20031124001222.027 . ~':'-. """' . • • ',I'~ . ~" ," residences and sales offices RIghts el'erclsed pursuant to such reserved easement shall be exercised with a mimmum of mterfeKince to the qUiet enjoyment of affected property, reasonable steps shall be taken to prql¢ct such property, and damage shall be repaired by the Person causing the damage at Its sol~;~xpense During the Development Period, !/us Sectlon shall not be amended Without the Dl<clarant's express WTltten consent. ", " •...•. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each.'0'wner and Occupant shall comply strictly With the Assocl8tion's Bylaws, rules and regtiiatlons, the use restnctlons, as they may be lawfully amended or modified from tune to tIme, and With the covenants, conditIons, and restrictions set forth in this DeclaratJon and in th~deed to such Owner's Lot, if any After notice and an " opportunity to be heard by the Boardof Directors or by a representatJve designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for Violations of the above (In additIOn to any late charges that may be assessed in connection with the late pl\yment of assessments or other Association charges) In accordance With a preVIOusly established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as proVIded hereIn for the collectJon of assessments Failure to comply with this Declaration, the Bylaws or the rules and regulatIOns shall be grounds for an actIOn to recover sums due for damages or injunctive relief, or both, mnmtamable by the Board of Directors, on behalf of the ASSOCiation, or, In a proper case, by an aggneved Owner F8Ilure by the ASSOCiatIon or any Owner to enforce any of the foregOIng shall m no event be deemed a w8lverofthe right to do so thereafter The City of Renton shall have any and all authonty to enforce this Declaration with respect to the maintenance reqmred m Section 5.1, including but not lunlted to the m8lntenance of the stonnwater drrunage and detennan facilities as shown on the plat 11.2 Duration. Tlus Declaration shall run With and bmd the Commwuty, and shall mure to the benefit of and shall be enforceable by the Assoclatlon or any Owner, their respective legal representatives, helrs;'successors, and asSignS, perpetually to the extent prOVided by law, provided, however, ~o long as and to the extent that Washington law limits the perIod dunng which covenants restricting land to certam uses may run, any proVISions of this DeclaratIon affected thereby shall run With and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods often (10) years, unless a WTltten instrument reflectmg disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale m the Community) has been recorded WithIn the year Immediately precedmg the beglnnmg of a ten (10) year renewal penod agreemg to change such provisions, in whole or In part, or to tenninate the same, in which case this Declarstion shall be modified or tennmated to the extent speCified thereIn; or (b) extended as otherwise prOVided by law, Every purchaser or grantee of nny interest (mcluding, Without IInntatlon, a security interest) in 26 ·-i: :~!<i 20031124001222.028 ".~, '1 "':g' .-.~,¥ any real property subject to thIS Decllij;iltion, by acceptance of a deed or other conveyance therefor, thereby agrees that such prqYlslons of this DeclaratIon may be extended and renewed as provIded 10 thIS Section."'<f,i .. ! 11.3 Amendments. II 3.1 Tlus Declaration may be amended umlaterally at any tIme and from tIme to tune by Declarant (I) If such amendment IS necessary to brmg any provision hereof mto comphance with any apphcable'governmental statute, rule, or regulatIon or JudiCIal determmation whIch shall be m confllbt thereWIth; (ii) if such amendment is necessary to enable any title Insurance company ttiissue tItle Insurance coverage with respect to the Lots subject to this DeclaratIOn, (111) if stich amendment is required by an institutIonal or governmental lender or purchaser o{niortgage loans, includmg, for example, the Federal NatIOnal Mortgage AssociatIon or Federal Home Loan Mortgage CorporatIon, to enable such , lender or purchaser to make or purchase Mortgage loans on the Lots subject to thIS Declaration; or (IV) If such amendmeni IS necessary to enable any governmental agency or pnvate insurance company to Insure or guarantee Mortgage loans on the Lots subject to tlus DeclaralIon, provided, however, any such amendment shall not adversely affect the tItle to any Owner's Lot unless any such Lot Owner shall consent thereto in wntmg Further, so long as Declarant owns any property for development and/or sale m the Commumty, Declarant may unilaterally amend this DeclaratIon for any other purpose, prOVIded, however, any such amendment shall not matenally adversely affect the substantive nghts of any Lot Owners hereunder, nor shall It adversely affect tItle to any Lot WIthout the consent of the affected Lot Owner NotwIthstanding the above, the Declaration shall not be amended WIth respect to the maIntenance requirements for the stormwater facIlItIes as shown on the plates) and the wetland enhancement areas WIthout pnor written approval from the CIty of Renton 11.3 2 This DeclaratIon may also be amended upon the affirmative vote or written consent, or any combination thereot: of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale m the Community) Amendments to thIS DeclaratIOn shall become effeclIve upon recordatIon, unless a later effectIve date IS specIfied therein. 11.4 Partition. The Common Areas shall remain undIVIded, and no Owner nor any other Person shall brmg any action for partIllon or division of the whole or any part thereof WIthOut the written consent of all Owners of all portIons of the property located WIthin the Community and without the wrItten consent of all holders of all Mortgages encumbering any portIon ofthe property, IncludIng, but not necessarIly lImited to, the Lots located WIthin the Community. 11.5 Gender and Grammar. The smgular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculIne pronoun shall Include the neuter and femInIne. 27 -~~"'" ':,i. ,,~~ ..• ~~ 20031124001222.029 ,,",~ ,~. I\'lt~ '~~i1> W.f. .:;~ .. ," ,)tt~ 11.6 Severability. When~~er possible, each provision oftlus Declaration shall be interpreted in such manner as to beJifeclive and valid, but if the apphcation of any provision "~h"' ofthis Declarallon to any person otto;~ny property shall be prohibited or held mvahd, such prohibition or mvalidity shall not affe~t any other proVision or the application of any prOVISion which can be given effect WIthout tti~)nvahd provision or applicatIOn, and, to this end, the provISIons of this DeclaratIOn are deClared to be severable " ~. 11.7 Captions. The caplldrts of each ArtICle and Seclion hereof, as to the contents of each Article and Section, are Insei1~d only for convemence and are m no way to be construed as defimng, limiting, exten.4ing, or othelWlse modifYing or adding to the particular Article or SectIOn to which they refer; '. 11.8 Perpetuities. If any of the covenants, conditIOns, restnctlons, or other prOVISions of thiS Declaration shall be unlawful, void, or VOidable for violallon of the rule ., against perpetuities, then such prOVISions shall contlnue only unlll twenty-one (21) years after the death of the last survivor of the now-living descendants ofthe mdividuals signing tlus DeclaratIOn. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the ASSOCiatIOn shall indemnify every'officer and director agrunst any and all expenses, mcluding, WIthout limltallon, attorneys' fces, imposed upon or reasonably Incurred by any officer or director In connectIOn WIth any actlon, SUII, or other proceeding (IncludIng settlement of any SUIl or prnceeding, If approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director The officers and directors shall not be liable for any mistake of Judgment, negbgent or othelWlse, except for thelf own mdlvidual WIllful misfeasance, malfeasance, misconduct, or bad fruth The officers and directors shall have no personal liamlity WIth respect to any contract or other commitlnent made by them, in good faith, on behalf of the ASSOCiation (except to the extent that such officers· or directors may also be members of the ASSOCiation), and the Assocl8t1on shall mdemmfY mid forever hold each such officer and director free and harmless agamst any and all hability to others on account of any such contract or commltlnent Any nght to mdemndicatlon proVided for herem shall not be exclUSive of any other nghts to which any officer or director, or former officer or director, niay be entitled The Association may, at the discretIOn of the Board, maIntain adequate general hablhty and officers' and directors' hability msurance to fund thiS obligatton, If such coverage is reasonably available 11.10 Books RDd Records. This Declaration, the Arlicles ofIncorporatlon, the Bylaws, copies of rules and regulations, Design GUidelines, use restrictions, membership register, books of account, and mmutes of meetmgs of the members of the Board and of committees shall be made avrulable pursuant to reasonable procedures established by the Board for inspectIOn and copying by any member of the AsSOCiatIOn or by the duly appomted representative of any member and by holders, msurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, Insurer, or guarantor of a first Mortgage at the office of the ASSOCiation or at such other reasonable place as the Board shall prescnbe 28 200311 i400 1222.096 , ,.,~ \/ 11.11 Financial Review. At. least annually, the Board of Directors shall prepare, or cause to be prepared, a flnanc!!!! staternent of the AssociatIOn Upon wntten request of any instJtutional holder of a first Mortgage" and upon payment of all necessary costs, such holder shall be enlltJed to receive a copy of sUch financial statement Wlthm ninety (90) days of the date ofthe request 11.12 Notice of Sale. Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the AssoclatJon, In wntJng, pnor to the effectJve date of such sale or lease, the name ofihe purchaser or lessee of the Lot and such other mformation as the Board may reasonably require. Upon acquiSition of a Lot each new Owner shall give the AsSOCiatIOn, m wnting, the name and mrulmg address of the Owner and such other mformatJon as the Board may i'eljsonably require 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant ., owns any property for development and/or sale in the Commumty or has the right to umlaterally annex additional property to the Community) all agreements and detenninatJons, mcludmg settlement agreements regarding litIgation lDvolvmg the ASSOCiation, lawfully authonzed by the Board of Directors shall be bmding upon all Owners, their heirs, legal representatives, successors, aSSigns, and others having an interest In the Community or the pnvllege of possession and enjoyment of any part of the Community 11.14 Implied Rights. The ASSOCIation may exercise any nght or pnvilege given to It expressly by thIS DeclaratJon, the Bylaws, the Articles ofIncorporatlon, any use restrictIOn or rule or regulatlon, and every other nght or privtlege reasonably to be imphed from the eXIstence of any nght or priVilege given to It therem or reasonably necessary to effectuate any such nght or priVilege 11.15 Variances. NotWithstanding anythmg to the contrary contruned herein, the Board of Directors or Its desIgnee shall be authonzed to grant mdiVldual vanances from any of the provisions of this Declaration, the Bylaws and any DesIgn GUldehne rule, regulation or use restnction established pursuant thereto If it determmes that wruver of apphcation or enforcement of the provIsIon In a particular case would not be IDCOnslstent WIth the overall scheme of development for the Commumty. 11.16 LitIgation. No judlciaJor admmlstratJve proceedmg shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total ASSOCiatIOn Vote. TIus Sectlon shall not apply, however, to (I) actions brought by the Association to enforce the prOVIsions of thiS Declaration (including, without hmltallOn, the foreclosure ofltens), (1I) the ImposItion and collection of assessments as prOVIded in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxatJon, or (IV) counterclaims brought by the AssoclallOn m proceedmgs mstituted agrunst it TIns Section shall not be runended unless such amendment is made by the Declarant pursuant to Secllon 1 I 3, hereof, or IS approved by the percentage votes, and pursuant to the same procedures, necessary to mstltute proceedmgs as prOVIded above, 29 20031124001222.031 EXECUTED the day and year first above wntten Harbour Homes, !ric , State of Washington ) )ss. County ofIung ) ,'f. I certIfY that I know or have satisfactory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he Signed this Instrument, on oath stated that he was authonzed to execute the Instrument and acknowledged it as the Vice PreSident/General Manager of Harbour Homes, Inc to be.the free and voluntary act of such party for the uses and purposes mentioned In the Instrument.·· (Seal Or Stamp) Dated' ,.:. -I 0-0'3 No PIlbhc In and fo1O'the State of Washington ReSiding at· "Tq'" 'Oil ...... 1' Pnnted Name' ;[.4Nl\o. 13"u.,Wl'-\'<. My AppOintment Expires I. -\ '" -0'5 30 • . ,~ -" EXHIBIT A PROPERTY SUBJECT TO TIDS DECLARATION TIle real property whIch IS, bf.the recordIng of tills DeclaratIon, subject to the covenants and restrIctions hereafter silt forth and which, by vIrtue of the recordIng oftlus DeclaratIon, shall be held, transferred,' sold, conveyed, used, OCCUPIed, and mortgaged or otherwIse encwnbered subject to t1usDeclaranon is the real property descrIbed as ':,.; 20031124001222.032 Lois 11hrough 74, mcluslve, and Tra61s A,C,D and H o[Maureen HIghlands D,vIs,on 1, accordmg 10 Ihe plat thereof record~dm volume ;).., 1 '8' ofp/ats at pages t:./-(.1 records of King Counly, Washington recorded'ijj;der recordmg number ;;:to.,?, (I iJ..'i 00 I;l.. ')..1 ", S,luate In Ihe Counly of Kmg, State of Washington AND Lot 1 of Clly of Renton Lotlme Aqjuslmenl No LUA-03-083-LLA, Recorded September 24, 2003 Under Recordmg No 20030921Q0008 SlIuate In Ihe Counly of King, Slate of Washington Common Area: Tracts A & C are storm detentIon tracts that are owned and mamtamed by the Association and are subject to an easement to the CIty, <;>f Renton for access. The Association IS responsIble for the maintenance of all prIvate storm dimn and detentIon facihties within said Tracts Tract 0 IS a wetland enhancement area tract that IS owned and maintained by the Association It IS subject to a Twenty-FIve foot (25') prIvate dmmage easement for the benefit of the future adjacent lots. The owners of s8ld b~nefited lots shall be responsible for the m8lntenance of the prIvate draInage facIlItIes W1thm the easement Tract H IS an ingress, egress, drain~e and utIlIties tract owned by the AsSOCIatIon It IS subject to easements to Lot 74 for Ingress and egress and to the CIty of Renton for access to Tract A. The AssoclBtlon IS responSIble for maIntenance of the drainage and utilIty faCIlItIes WIthIn s8ld tract The AssociatIon and the Owner of Lot 74 are JOIntly responsIble for the maIntenance of the mgress and egresS'facIllbes WIthIn s8ld Tract. Dramage Easements The Ten (IO) foot prIvate drBJnage easements across Lots II. 18 and 25 as shown on the plat are for the benefit of the ASSOCiation for an emergency dramage swale and are maintained by the ASSOCiation 31 • 20031124001222.033 '.;,: >. UtIlity Easement The Thirty (30) f()~t uttllty access easement across Lot I of City of Renton Lot line Adjustment No LUA-03;P83-LLA as dIsclosed by mstrument recorded under recording number 2003051200149r~i~ for the benefit of the AssociatIOn and IS mamtruned by the AssocIatJon The ASSOClatlOn. bas the sole responsIbIlIty for the dramage faclhties contained withm the easement, indi~ding, but not luruted to mruntenance, operatIon and upkeep· SIgn Easement The SIgn Easement6~ Lot lIS for the benefit of the AssocIation The AssociatJon is responsIble for the faCIlities WIthin the easement '\".1;- ".) Private Tract: .:' Tract E IS an mgress, egress, draina!!~':imd utility tract owned and mruntaIned by Lot I of City 'of Renton Lot line Adjustment No LVA-03-083-LLA ~:.' J2 " .' 20031124001222.034 ,.:, .,J '. ;~'~~ .... . _ EXHIBITB LEGAL DESCRIPTION OF ADDITIONAL PROPERTY Tract I of Maureen Highlands Division I, according to the plat thereof recorded m volume ~ of plats at pages ,t;: It 7 records of King County, Washmgton recorded under recording number ;;; a Q 3> /1.;2 f(Q 0 /' ./ ..:v ; , ., . 33 Maureen A PORTION OF Highlands nIV. II SEC. 11, TWP. 23 N., RGE. 5 E .. W.M •• caUN TY. WASHINGTON cORE ~DESJGN /4'" /.IL 2P111 N. Soh II)/ .. -.w ... ...,.. HOCIi" "u,us,n" fa.< "~J..JU.7Nl tNG/NfllING .' HANNINO' SUItVEYING JOB NO. 03024 I';, .. ~:'" ",:. " .. '1:. 'I:. .... "'" ':"::7 .. :"~"" :~ .It:', ';. '. I: .... ':. ':' .. •.•. : .. '.;. I;',· t._ Maureen Highlands DIY. II CORE ~DESIGN i SHEET 2 b~,~~ 5 \.J,.U,-O:::':~8-FP ~" ··.)lfD-lo~Ii'~ ':'" .•..•. \." " "'0;. .. ~.~ .... 1,011 N.t.2"" .... SoIIoo 'D' ~~"001 4UIIU.7I17 """ nJ,w.79U ~ .' E/IIGINffRING ',. PL.4N""NG, ',. 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CORE ~DESIGN • E , . " '~" ""'" 1----- I I I " ~---- I I " I 1------ I I I I-- I i. I ~L : ,d 1----- I I " I r---- I I " I 1----- I I I 1--__ - I I len N.l.""'" .So.IIt,D' ---""" dUU.7171 ,.,.. .. ,.t1UJ"Ml' ENGINEfItIHO • PlANNING· SUItVnlHG .JOB NO. 03024 ':> ::.: . I I I I I I I I I I I I I I I I I I I WETLAND MITIGATION PLAN FALL 2007 PERFORMANCE MONITORING REPORT MAUREEN HIGHLANDS RENTON, WASHINGTON Prepared For: HARBOUR HOMES, INC. Federal Way, Washington Prepared By: .-.- TALASAEA CONSULTANTS, INC. Woodinville, Washington .T. 7 November 2007 - ENT PLANNING DEV~~~f' RENTOI,l NOV 1'; 2001 RECE.iVE.D I I I I I I I I I I I I I I I I I I I WETLAND MITIGATION PLAN FALL 2007 PERFORMANCE MONITORING REPORT MAUREEN HIGHLANDS RENTON, WASHINGTON Prepared for: Harbour Homes, Inc. 33400 9th Avenue South, Suite 120 Federal Way, WA 98003 Prepared by: Talasaea Consultants, Inc. 15020 Bear Creek Road N.E. Woodinville, Washington 98077 7 November 2007 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report TABLE OF CONTENTS Page 1.0 2.0 3.0 3.1 3.2 4.0 5.0 5.1 5.2 5.3 6.0 7.0 INTRODUCTION .............................................................................................. 1 PROJECT TIMEFRAME ................................................................................... 1 PERFORMANCE MONITORING RESULTS ..................................................... 1 Wildlife ............................................................................................................ 1 Hydrology and Water Quality ........................................................................... 1 PHOTOPOINTS ................................................................................................ 2 VEGETATION SAMPLING DATA ..................................................................... 2 Vegetation Success Criteria ............................................................................ 3 Vegetation Summary ....................................................................................... 3 Natural Plant Recruitment ............................................................................... .4 MAINTENANCE ASSESSMENT AND RECOMMENDATIONS ........................ 5 PERFORMANCE MONITORING SUMMARy ................................................... 5 LIST OF FIGURES Figure 1: Locations of Photo-points and Vegetation Sampling Plots LIST OF TABLES Table 1 -. Summary of Baseline Assessment Results (19 November 2004) ................... 2 Table 2-. Summary of Fall Performance Monitoring Results (27 September 2007) ......... 3 7 November 2007 Talasaea Consultants. Inc. 572M Fall 2007 Monitoring Report.doc Page i I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report 1.0 INTRODUCTION This performance monitoring report for the wetland mitigation areas at Maureen Highlands is submitted in accordance with the approved Wetland Mitigation Plan dated 13 March 2003. This report summarizes the results of a site evaluation conducted on 27 September 2007. The purpose of this evaluation was to monitor the site to ensure the successful development of desirable wetland and buffer characteristics. 2.0 PROJECT TIMEFRAME The Maureen Highlands wetland mitigation areas were planted during the fall of 2004. Monitoring is required by the City of Renton for five years and will continue through the fall of 2009, or until success criteria are met. This season ends year three of the required five-year monitoring period that is to conclude in the fall of 2009. Performance monitoring will be conducted for the five years of required monitoring. During these events, the vegetation, hydrology, and wildlife will be evaluated. Maintenance reviews will also be conducted in the spring and fall, with a memo sent to the client after each visit outlining items requiring attention. 3.0 PERFORMANCE MONITORING RESULTS On 27 September 2007, we conducted the fall performance monitoring event for the Maureen Highlands mitigation areas. During our site visit, the mitigation areas appeared stable and healthy. Planted woody species showed considerable growth and increase in percent coverage. In addition to these general observations, the performance monitoring included the following: • Wildlife: Observations of use by species of birds, mammals, reptiles, amphibians, and invertebrates were made throughout the site. • Hydrology: Observations were made regarding soil saturation, erosion, and slope stability in the wetland areas. • Photo-points: The mitigation areas were photographed from four established locations (Figure 1) to depict present conditions (Appendix A). • Vegetation: Plant survival and area coverage were monitored within each plant community at three permanent vegetation sampling locations depicted on Figure 1. • Maintenance: Items or conditions that may interrupt wetland and buffer conditions or wildlife use were identified. 3.1 Wildlife Wildlife observations recorded in the mitigation areas during our recent and previous site visits included the following species: Pacific chorus frog, wooly bear caterpillar, red-tailed hawk, marsh wren, Steller's jay, American robin, American crow, mallard, killdeer, and a barn owl. Trails created by small mammals were seen extending between the created and the existing wetland areas in Mitigation Area 1. We also found duck scat along the pond shoreline indicating use by local or migrating duck and geese species. In addition, coyote scat was found in Mitigation Area 2, indicating an increase in wildlife use over the last year. Due to the secretive nature of most wildlife, the probability of additional unobserved species is high. As the vegetation grows and matures, it is expected that additional wildlife species will be attracted to the site. 3.2 Hydrology and Water Quality At the time of the site review, there was no water in either of the pond areas of Mitigation 7 November 2007 Talasaea Consultants, Inc. 572M Fall 2007 Monitoring Report.doc Page 1 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report Area 1. This is probably due to the time of year, the end of September. However, during a second site visit in October (to meet with the landscape contractor), both the ponds were completely inundated with water. Several wetland grasses, including rushes and sedges were found becoming well established throughout the mitigation area. These included cattails (Typha latifolia), soft rush (Juncus effusus), red fescue (Festuca rubra) and soft-stemmed bulrush (Scirpus validus). The abundance of obligate emergent species and the presence of water in the ponds assure us that the created and enhanced wetland ponds are performing as designed. 4.0 PHOTOPOINTS A series of photographs representing panoramic views of the mitigation areas were taken at four locations established during the baseline assessment (Figure 1). Photographs will continue to be taken during each scheduled monitoring event. These photographs document general appearance and plant establishment throughout the site, as well as providing a qualitative representation of the success of the wetland mitigation areas. Additional photographs of unique features were also taken, illustrating various aspects of the mitigation areas. The photographs in Appendix A depict the wetland mitigation areas at the time of the fall performance monitoring event. 5.0 VEGETATION SAMPLING DATA Three permanent transects, 50-feet long and ten-feet wide were established during the baseline assessment within the wetland mitigation areas. Trees, shrubs, and herbaceous vegetation were evaluated within each location. Percent area cover for shrubs and trees was evaluated through the use of pOint-intercept sampling methodology at each transect location. A tape measure was extended between two permanent markers. Shrubs and trees intercepting the plane of the tape measure were identified and the intercept distance was recorded. Percent cover by species was then calculated by adding the intercept distances and expressed as a total proportion of the tape length. Herbaceous vegetation coverage was visually estimated in the sampling transects. The established vegetation transect locations will continue to be monitored during each performance monitoring event to aid in determining the success of plant establishment. Tables 1 and 2 summarize the percent cover and percent survival of plants at each sampling location during the baseline and the fall performance monitoring events. Table 1 -. Summary of Baseline Assessment Results (19 November 2004) VST-1 VST-2 0.8 4 100 o VST-3 4.6 6 86 o Average 1.9 3.3 95 0 Required" 80 80 85 <20% of total area • NOXIOUS weed species, as defined by the King County NoxIous Weed List. are not Included. "Success criteria required by the City of Renton by the end of the 5-year performance monitoring period. 7 November 2007 Talasaea Consultants, Inc. 572M Fall 2007 Monitoring Report.doc Page 2 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report Table 2-. Summary of Fall Performance Monitoring Results (27 September 2007) VST-1 44 80 95 4 VST-2 51 85 113 2 VST-3 32 80 116 3 Average 42 82 108 3 Reguired** 80 80 85 <20% of total area ~xious weed species, as defined by the King County NoxIous Weed list, are not included. "Success criteria required by the City of Renton by the end of the 5-year performance monitoring period. 5.1 Vegetation Success Criteria The established vegetation sampling transects will continue to be monitored during each performance monitoring event to aid in determining the success of plant establishment. Following are the success criteria to be met by the end of the five-year monitoring period: • 85% survival rate of all planted trees and shrubs by the end of the fifth year, or at least 80% cover of native planted or recolonized woody species. All plant mortality occurring within the first year will be replaced per the contractor's one- year plant gLlarantee. • Success for herbaceous species will be based on an 80% cover of desirable plant species by the end of the five-year monitoring period. • <20% total cover of all noxious weed species, as defined by the King County Noxious Weed List, within the wetland mitigation areas. 5.2 Vegetation Summary The majority of the installed woody plant material appears healthy. In the vegetation sampling locations, percent survival averaged 108 percent, significantly above the level of the required success criteria. The increase in survival can be attributed to the volunteer recruitments of native woody species in both Mitigation Areas 1 and 2. Percent cover throughout the site averaged 42 percent for the fall performance monitoring event. This is a significant increase from the previous year's recorded coverage of10.9 percent. Increases in percent woody coverage are also attributed to growth of planted material and colonization by desirable woody species. Desirable wetland herbaceous species are establishing well throughout both Mitigation Areas 1 and 2. Wetland grasses, including rushes and sedges were found becoming well established throughout Mitigation Area 1. These included cattails, soft rush, red fescue and hard-stemmed bulrush. Large clumps of soft rush were observed throughout Mitigation Area 2. The herbaceous cover was visually estimated in the plant transects, and averaged an 82 percent coverage. Himalayan blackberry (Rubus discolor), Evergreen blackberry (Rubus laciniatus), Reed canarygrass (Phalaris arundinacea) and Scot's broom (Cytisus scoparius) are beginning to establish in Mitigation Area 1. These invasive species were particularly noted in the southern portion of the mitigation area. Himalayan and Evergreen blackberry shoots were noticed 7 November 2007 Talasaea Consultants, Inc. 572M Fall 2007 Monitoring Report.doc Page 3 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report throughout the site. All invasive species should be removed before they become established and diminish the health of the wetland area. A small concentration of invasive species was also noted in the eastern portion of mitigation Area 2. Scot's broom and evergreen blackberry were noted in small patches in this area. 5.3 Natural plant recruitment Per the City of Renton's request, we have included the following discussion concerning natural plant recruitment and species mortality rates in the wetland buffer mitigation area. Data from each transect is analyzed to obtain a conclusion on the overall health and progress of the Maureen Highlands wetland mitigation area. During the fall performance monitoring event, observations were made regarding the native species that are adapting well to the site conditions. As the site progresses and matures over time, natural species selection will occur. Some plant species will adapt and flourish, efficiently utilizing the available biological resources. In contrast, other native plant species do not adapt and do not become established because they are not well suited to the habitat. The evolution of the mitigation site is comparable to natural ecological succession and both plant colonization and mortality can be expected to some degree. There are a number of ways these native woody species have increased in number, through proliferation by existing and installed plants or colonization through seed dispersal from area trees and shrubs. We also noted the species that are not adapting well to the site conditions. The following is a summary of observations made regarding species survival rates and volunteer species rates in each transect evaluated. • Transect 1: The 95% percent woody survival rate in Transect 1 is a reflection of the 44 volunteer plant species in this area. Black cottonwood (Populus ba/samiera var. trichocarpa), red alder (Alnus rubra), and Scouler's willow (Salix scouleriana) were found colonizing the transect area. These all propagate through aerial seed dispersal. Of the 61 plants originally counted in the transect location only three plants have died. This is only a 4.9% mortality rate for this transect. The plants not accounted for during the fall performance monitoring include: two black twinberries (Lonicera involucrate) and one Pacific ninebark (Physocarpos capitatus). • Transect 2: The plants colonizing in Transect 2 are similar to those in Transect 1. This is likely due to the similarities in soil and hydrological conditions and sun exposure. Here black cottonwood, red alder, Scouler's willow and red-osier dogwood (Comus sericea) are volunteering. Of the 53 plants initially tallied in this area, only three have died, which is only a 5.6% mortality rate. The woody species survival rate of 113% can be attributed to the 40 new plants counted during the fall monitoring event. The plants unaccounted for include: two Pacific crabapples (Malus fusca) and one Pacific willow (Salix lasiandra). • Transect 3: The plants reproducing in Transect 3 include: Douglas spirea (Spiraea douglassii), Oregongrape (Mahonia nervosa) and Nootka rose (Rosa nutkana). These plants propagate two ways, horizontal roots of a parent plant sprout young plants (called "suckering") or by animal seed dispersal. The way in which these particular plants reproduced is probably a combination of both these methods. A total of 13 new plants were counted in this transect. The number of new plant recruitments balances out the 8 red-osier dogwood not accounted for, resulting in a 116% woody survival rate for this transect. 7 November 2007 Talasaea Consullants, Inc. 572M Fall 2007 Monitoring Report.doc Page 4 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report After evaluating the transect data to analyze the survival and colonization rates, we have come to the conclusion that plant recruitment and mortality can be credited to the site slowly becoming naturalized. Over time, certain species more suited to the site conditions will understandably, perform better. Other species may not perform as expected due to a variety of reasons. These may include poor adaptability to the biological resources available on site, improper planting technique, or damage due to wildlife browsing. As there is no overall pattern that developed regarding the species of plants that did not survive; we cannot develop a conclusive argument concerning the reason behind this plant mortality. Our belief is that this wetland buffer mitigation area will continue to establish, mature and provide enhanced ecological functions to the adjacent wetland areas. 6.0 MAINTENANCE ASSESSMENT AND RECOMMENDATIONS During the fall performance monitoring event, a review of all necessary maintenance issues was performed. The following is a summary of those maintenance items provided to the client: • Remove garbage and debris located within the mitigation areas and dispose off site. • Control reed canarygrass that is beginning to encroach into Mitigation Area 1 in small patches. • Control Himalayan and evergreen blackberries as they begin to be established. • Refresh, weed, or replace mulch rings throughout both mitigation areas. • Thin red alder stands, particularly along the shoreline of the southern pond. This will allow other species to continue to flourish and increase species diversity. • Remove and replace dead plants along Shadow Avenue on the down slope of the berm adjacent to the street. General maintenance should be performed according to our Maintenance Specifications and Guidelines (Appendix B). It is expected that regular maintenance will be required to ensure plant survival and project success. Regular irrigation is of the wetland mitigation areas during the first two growing seasons will be necessary in order for the newly planted shrubs and trees to establish and satisfy the requirements for success and subsequent release of the performance bonds. 7,0 PERFORMANCE MONITORING SUMMARY The fall performance monitoring for the mitigation areas at the Maureen Highlands site was conducted to record the health and growth of the vegetation, to ensure that proper hydrological conditions exist in the mitigation areas, and to evaluate wildlife usage of the site. A diverse collection of woody and herbaceous vegetation were observed in the mitigation areas. Plant survival within Mitigation Areas 1 and 2 averaged 108 percent. This substantial increase in survival can be attributed to the prolific growth of planted native species and recruitment by volunteers. A total of 100 new desirable native woody species plants were counted in VST 1, 2 and 3. Nootka rose, redwood dogwood, Scouler's willow, black cottonwood, and red alder are the species that are performing particularly well at this site. The vegetation in the wetland mitigation areas is expected to continue to grow extremely well throughout the remainder of the required monitoring period. Numerous wildlife species were noted both through audible and visual observation at the time of the fall performance monitoring event. These included: pacific chorus frog, wooly bear caterpillar, red-tailed haWk, marsh wren, Steller'S jay, American robin, American crow, mallard, 7 November 2007 Talasaea Consultants. Inc. 572M Fall 2007 Monitoring Report.doc Page 5 I I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report and a barn owl. Additional evidence of wildlife use included: duck scat, coyote scat, and trails created by small mammals. Wildlife usage is expected to increase as vegetation continues to mature. We conclude that the mitigation areas at the Maureen Highlands site are currently exceeding the City's required success criteria. The installed plant material is healthy and is expected to continue to thrive in the mitigation areas. Productive colonization by desirable native species will continue to improve habitat quality and species diversity as the site matures. We expect that the mitigation areas will provide increased ecological value to the adjacent wetland ecosystems. 7 November 2007 Talasaea Consultants, Inc. 572M Fall 2007 Monitoring Report.doc Page 6 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report APPENDIX A Fall 2007 Performance Monitoring Photographs (27 September 2007) 7 November 2007 Talasaea Consultants. Inc. 572~1 Fall 2007 Monitoring Report.doc Appendix A (, .. . 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I I I I I I I I I I I I I I I I I I Maureen Highlands Performance ~Ionitoring Report APPENDIX B Maintenance Specifications and Guidelines 7 November 2007 Talasaea Consultanls, Inc. 572N1 Fall 2007 ~Ionitoring Report.docAppendix B I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report 1.0 MAINTENANCE PLAN Maintenance will be conducted on a routine. year-round basis. Additional maintenance needs will be identified and addressed following each biannual monitoring event. The project will be evaluated by comparing the monitoring results to the established performance standards. This will ensure that success criteria are achieved at or before the end of the monitoring period. Maintenance and remedial action on the site will be implemented in accordance with City of Renton maintenance standards and the following plan. Contingency measures. as defined below in Section 1.2. will be implemented if performance standards are not being met. The maintenance plan contains the following: maintenance schedule. contingency items. control of noxious weeds. irrigation. and general maintenance items. 1.1 Maintenance Schedule Noxious weed control, irrigation. and general maintenance should occur on a regular. routine basis according to Table 1.0. These tasks are in addition to the maintenance reviews conducted by Talasaea Consultants. Table 1 0 Maintenance Schedule Guidelines Maintenance Item Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Noxious Weed 1 1 1 1r-1 1 1 1 1 Control Irriqation 2006 2 4 4 4 2 General 1 1 1 1 1 1 1 1 1 1 1 1 Mainlenance 1-8=number of limes task should be performed per month 1.2 Contingency Items Replace Dead Plants -The Maintenance Contractor should replace dead plants with the same species or a substitute species approved by Talasaea Consultants that meet the goals and objectives of the mitigation plan. Replanting -The Maintenance Contractor should replant areas after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Areas will be replanted with an approved species or a substitute species that meet the goals and objectives of the mitigation plan. Replacement plantings should follow the details and specifications on the approved mitigation plan. 1.3 Control of Noxious Weeds Routine removal and control of non-native and other noxious weeds needs to be performed by manual or chemical means approved by the City of Renton. Undesirable and weedy exotic plant species need to be maintained at levels below 20% total cover in any given stratum. To avoid corrective measures. bondholders will be encouraged to maintain mitigation sites within these standards throughout the monitoring period. Following are specific recommendations for the removal of reed canarygrass and blackberries. All other noxious weeds such as Scot's broom, purple loosestrife, and nightshade should be grubbed out. Himalayan Blackberry Control -Small patches need to be grubbed out. Large areas need to be cut down. As new shoots (approx. 6" in height) reappear, they can be spot-sprayed with a high dose of Rodeo (concentrate). 7 November 2007 Talasaea Consultants, Inc. 572M Fall 2007 ~Ionito"ng Report.docAppendix B J I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Moniloring Report Reed Canarygrass Control -Patches 3' x 3' or smaller need to be grubbed out. Patches greater than 3'x 3' should be either staked with cuttings or sprayed (see Staking Specifications and Staking List below). A walk through will be conducted with the Maintenance Contractor and Talasaea Consultants to determine the site-specific treatments to be used. Staking of new patches should be integrated into the standard maintenance procedures for designated staking areas. Selective spraying with Rodeo will be used only in designated spray areas. Spraying should be done at a time when a dry week of weather is predicted (with City approval only). 1.4 Irrigation Watering -The Maintenance Contractor should water with a temporary aboveground irrigation system from June 15 through October 15. During the first year after installation. irrigation should be at a rate of 1/2" of water twice a week. During the second year after installation, irrigation should be at a rate of 1/2" of water once a week. However, if more than 10% of plant replacement occurs, watering rates should be maintained at a rate of 1/2" of water twice a week for the duration of the monitoring period. 1.5 General Maintenance Items Debris Removal -The Maintenance Contractor should remove all trash and other debris on a regular basis. Erosion and Drainage Problems -Erosion and drainage problems (e.g., bank or berm slumps, pond leaks, overflow spillways clogs, etc.), which occur, should be corrected by the Maintenance Contractor as required. Foraging and Browsing -The Maintenance Contractor should implement control and prevention measures to prevent damage of planted material by browsing of wildlife (e.g., deer, rodents, and rabbits). Maintenance of Trees and Shrubs -Routine maintenance of trees and shrubs should be performed. These measures include: maintaining mulch rings, tightening and repair of tree stakes and resetting plants to proper grades and upright positions. With the approval of Talasaea Consultants, the Maintenance Contractor should remove all tree stakes after the first growing season to prevent girdling of staked plant material. Pruning of Woody Plants -Woody plants should only be pruned at the direction of Talasaea Consultants. Silt Fence Removal -With the approval of Talasaea Consultants, silt fences should be removed one year after the County has approved the mitigation construction, and the area should be restored by hand seeding (see plant schedule for seed mixes), if needed. Vegetation Control -Mitigation areas are not intended to be maintained like traditional landscaping. Grasses and other herbaceous vegetation should be controlled only at the direction of Talasaea Consultants. Grasses and herbs should be allowed to grow tall, providing habitat for small mammals. Mechanized devices such as mowers and weed whackers should not be used unless specifically allowed by Talasaea Consultants. 7 November 2007 Talasaea Consullants. Inc. 572M Fall 2007 Monitoring Report.docAppendix B I I I I I I I I I I I I I I I I I I I WETLAND MITIGATION PLAN FALL 2006 PERFORMANCE MONITORING REPORT MAUREEN HIGHLANDS RENTON, WASHINGTON Prepared For: HARBOUR HOMES, INC. Federal Way, Washington Prepared By: TALASAEA CONSULTANTS, INC. Woodinville, Washington 14 December 2006 DEvELOPMENT PLANNING CITY OF RENTGr-1 DEC 2 1 2006 RECEIVED I I I I I I I I I I I I I I I I I I I WETLAND MITIGATION PLAN FALL 2006 PERFORMANCE MONITORING REPORT MAUREEN HIGHLANDS RENTON, WASHINGTON Prepared for: Harbour Homes, Inc. 33400 9th Avenue South, Suite 120 Federal Way, WA 98003 Prepared by: Talasaea Consultants, Inc. 15020 Bear Creek Road N.E. Woodinville, Washington 98077 14 December 2006 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report 1.0 2.0 3.0 3.1 3.2 4.0 5.0 5.1 5.2 6.0 7.0 TABLE OF CONTENTS Page INTRODUCTION .............................................................................................. 1 PROJECT TIMEFRAME ................................................................................... 1 PERFORMANCE MONITORING RESULTS ..................................................... 1 Wildlife ............................................................................................................ 2 Hydrology and Water Quality ........................................................................... 2 PHOTOPOINTS ................................................................................................ 2 VEGETATION SAMPLING DATA ..................................................................... 2 Vegetation Success Criteria ............................................................................ 3 Vegetation Summary ....................................................................................... 3 MAINTENANCE ASSESSMENT AND RECOMMENDATIONS ........................ 4 PERFORMANCE MONITORING SUMMARy ................................................... 4 14 December 2006 Talasaea Consultants, Inc. 572M Fall 2006 Report-ann. doc Page 1 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report LIST OF FIGURES Figure 1: Locations of Photo-points and Vegetation Sampling Plots LIST OF TABLES Table 1 -Calendar for Performance Monitoring Events ............................................................ 1 Table 2 -. Summary of Baseline Assessment Results (19 November 2004) ............................. 3 Table 3-. Summary of Fall Performance Monitoring Results (17 November 2006) .................... 3 14 December 2006 Talasaea Consultants, Inc. 572M Fall 2006 Report-ann.doc Page 2 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report 1.0 INTRODUCTION This performance monitoring report for the wetland mitigation areas at Maureen Highlands is submitted in accordance with the approved Wetland Mitigation Plan dated 13 March 2003. This report summarizes the results of a site evaluation conducted on 17 November 2006. The purpose of this evaluation was to monitor the site to ensure the successful development of desirable wetland and buffer characteristics. . 2.0 PROJECT TIMEFRAME The Maureen Highlands wetland mitigation areas were planted during the fall of 2004. Shortly after completion, we conducted the baseline assessment to assess the success of the mitigation project. Future monitoring will be compared to these conditions to evaluate the progress and success of the project. Monitoring is required by the City of Renton for five years and will continue through the fall of 2009, or until success criteria are met. Performance monitoring will be conducted according to Table 1 for the five years of required monitoring. During these events, the vegetation, hydrology, and wildlife will be evaluated. Maintenance reviews will also be conducted in the spring and fall, with a memo sent to the client after each visit outlining items requiring attention. The following table displays the performance monitoring schedule, including reports and maintenance reviews. Table 1 • Calendar for Performance Monitoring Events Baseline MR PM·1 PM·2 PM·3 MR & R MR & R MR & R MR MR PM·5 R, MR 11·19·04 4·26·05 8·10·05 12·5·05 Spring 2007 Fall 2007 Year 4 Year 5 MR PM·6 MR PM·7 R, MR R, MR, FA Spring 2008 Fall 2008 Spring 2009 Fall 2009 PM = Performance Monitoring R = Report MR = Maintenance Memo and Review FA = Obtain final approval to facilitate release of bond from the City of Renton (presumes performance criteria are met). 3.0 PERFORMANCE MONITORING RESULTS On 17 November 2006, we conducted the fall performance monitoring event for the Maureen Highlands mitigation areas. During our site visit, the mitigation areas appeared stable. Replacement plants installed last year, appeared to be in good condition and were becoming well established. In addition to these general observations, the performance monitoring included the following: • Wildlife: Observations of use by species of birds, mammals, reptiles, amphibians, and invertebrates were made throughout the site. • Hydrology: Observations were made regarding soil saturation, erosion, and slope stability in the wetland areas. 14 December 2006 572M-FaIl06Report.doc Talasaea Consultants, Inc. Page 1 ~ '---:ry----~~_-_--_~-_--~-_ r '. -~'S "' c, ,,~ •.. ""','C "_,,.7, '.: -. 0'~: -.. --.~_~"_-:- ~, , ---"~"A •.••• 1::) '::-. -• -'--", " . ,;,.~ 0 ~ -.-. ·t:· --YST~tdE. :.' .~: ' . --~,." ::...-:. ':~'.'. . . '. . ,~ .' . . ~ ~.:: ..... -. ' ' '. 0 .. pO' • ;, FF-~~0 ...... ~ .. \~' ~n~. -....... • , .. ·'t ~. ~-;;>" ... ~ , / ""_'<l'9~. ___ 0:C.--..: _ MITlcSATIONAREA I ---~~------. '. MITleATION AREA~ (ED) TALASAEA CONSULTANTS, INC. Resource &: Environmental Plannin, J 5020 Bear Creek Ro.d Northeast tfoodiDTifie, 1faabin£ton 98077 Bu. (.25) MI-7~ -Fax (~5) 861-7s.9 I PLAN L.EeE:ND -----. AS-aJILT I'En.AND BCtINDARY ---=----EXISTIN5 CONTOJR --_. -"'.----AS-BJILT c.ONTOUR -----AS-BJILT GIl'lL c.oNrOJR * ~~ 5NA6 HITH BIRD NEST BOX HABITAT FEAlU<E5 (doHn logs, s~, rootwads) ~ EXISTIN5 VE6ETATION ~ PH.?TOPOINT l.OC.ATION FF-# I IVE6ETATION STAMPI.JN5 TRANSECT LOCATION VST-# I $ t---o 25 50 100 FlaJRE I: A1Dl:opolnt. Vegetal:1on 5amp11ng Transec.ts Baseline A55e:ssment DESIGN SCALE I' = 50' DAIl::. NORTH aJ P-FfOJECT 512M Mavr88l1 Highlands 18 AY 05 Renton, I-lashrngton REV'I::It:.u © Copyright -TaIas8e8 CODsultants, Inc. I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report • Photo-points: The mitigation areas were photographed from four established locations (Figure 1) to depict present conditions (Appendix A). • Vegetation: Plant survival and area coverage were monitored within each plant community at three permanent vegetation sampling locations depicted on Figure 1. • Maintenance: Items or conditions that may interrupt wetland and buffer conditions or wildlife use were identified. 3.1 Wildlife Wildlife observations recorded in the mitigation areas during our recent and previous site visits included the following species: pacific chorus frog, Steller's Jay, American robin, American crow, mallard, and killdeer. Trails created by small mammals were seen extending between the created and the existing wetland areas in Mitigation Area #1. Due to the secretive nature of most wildlife, the probability of additional unobserved species is high. As the vegetation grows and matures, it is expected that additional wildlife species will be attracted to the site. Due to the surrounding developments, it is expected that birds will be the primary wildlife utilizing the site. We did not identify any such trails in Mitigation Area #2. However, planted Nootka rose (Rosa nufkana) appeared to have an abundance of rose hips. These will provide forage for birds and small mammals during the winter months. 3.2 Hydrology and Water Quality Both wetland ponds were inundated at the time of our site visit. Soil saturation extended up to two feet (in some areas) beyond the wetted edge of the ponds. Sparse vegetation waterward of the wetted edges suggest that the ponds remain inundated into the growing season. We observed dagger-leaf rush (Juncus ensifolius) and soft rush (Juncus effusus) becoming established along the wetted edges of the pond. We believe that the created wetland ponds are performing as designed. Water quality within these wetland ponds appeared clear and free of surface films. 4.0 PHOTOPOINTS A series of photographs representing panoramic views of the mitigation areas were taken at four locations established during the baseline assessment (Figure 1). Photographs will continue to be taken during each scheduled monitoring event. These photographs document general appearance and plant establishment throughout the site, as well as providing a qualitative representation of the success of the wetland mitigation areas. Additional photographs of unique features were also taken, illustrating various aspects of the mitigation areas. The photographs in Appendix A depict the wetland mitigation areas at the time of the fall performance monitoring event. 5.0 VEGETATION SAMPLING DATA Three permanent transects, 50-feet long and ten-feet wide were established during the baseline assessment within the wetland mitigation areas. Trees, shrubs, and herbaceous vegetation were evaluated within each location. Percent area cover for shrubs and trees was evaluated through the use of point-intercept sampling methodology at each transect location. A tape measure was extended between two permanent markers. Shrubs and trees intercepting the plane of the tape measure were identified and the intercept distance was recorded. Percent cover by species was then calculated by adding the intercept distances and expressed as a total proportion of the tape length. Herbaceous vegetation coverage was visually estimated in the sampling transects. 14 December 2006 572M-FaIiOBReport.doc Talasaea Consultants, Inc. Page 2 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report The established vegetation transect locations will continue to be monitored during each performance monitoring event to aid in determining the success of plant establishment. Tables 2 and 3 summarize the percent cover and percent survival of plants at each sampling location during the baseline and the fall performance monitoring events. Table 2 -. Summary of Baseline Assessment Results (19 November 2004) Percent Percent Percent Percent Transect # Woody Cover Herbaceous Survival Noxious Weed Cover* Cover ... VST-1 0.4 0 100 0 VST-2 0.8 4 100 0 VST-3 4.6 6 86 0 Avera"e 1.9 3.3 95 0 Required" 80 80 85 <20% of total area • NOXIous weed species, as defined by the King County NoxIous Weed List, are not Included . "Success criteria required by the City of Renton by the end of the 5-year performance monitoring period. Table 3-. Summary of Fall Performance Monitoring Results (17 November 2006) Percent Percent Percent Percent Transect # Woody Cover Herbaceous Survival Noxious Weed Cover* Cover VST-1 7.0 79 118 4 VST-2 19.4 65 79 2 VST-3 6.4 80 112 0 Average 10.9 75 103 2 Required" 80 80 85 <20% of total area • NOXIous weed species, as defined by the King County NOXIous Weed List, are not Included. "Success criteria required by the City of Renton by the end of the 5-year performance monitoring period. 5.1 Vegetation Success Criteria The established vegetation sampling transects will continue to be monitored during each performance monitoring event to aid in determining the success of plant establishment. Following are the success criteria to be met by the end of the five-year monitoring period: • 85% survival rate of all planted trees and shrubs by the end of the fifth year, or at least 80% cover of native planted or recolonized woody species. All plant mortality occurring within the first year will be replaced per the contractor's one- year plant guarantee. • Success for herbaceous species will be based on an 80% cover of desirable plant species by the end of the five-year monitoring period. • <20% total cover of all noxious weed species, as defined by the King County Noxious Weed List, within the wetland mitigation areas. 5.2 Vegetation Summary The majority of the installed woody plant material appears healthy. In the vegetation sampling locations, percent survival averaged 103 percent, exceeding the required success criteria. This increase in survival is due in part to colonization by red alder and black cottonwood, both desirable species. Increases in plant survival and number are also attributed to new suckers 14 December 2006 572M-FaIl06Report.doc Talasaea Consultants, Inc. Page 3 I I I I I I I I I I I I I I I I I I I Mauraen Highlands Performance Monitoring Report from existing plants and growth by willow stakes that may have previously been declared dead at the time of monitoring. Plants installed within Mitigation Area 1 appeared to be thriving and had grown significantly. Many of these are plants are willow and red-osier dogwood cuttings, which are expected to grow well in the coming years. Percent cover throughout the site averaged 10.9 percent for the fall performance monitoring event. This is an increase from the previous year's performance monitoring event. Increases in percent woody coverage are attributed to growth of planted material and colonization by desirable woody species. The area of coverage for desirable herbaceous vegetation on the site averaged 75 percent. This number is lower than previous reports. We suspect that this difference can be attributed to the time of year for the monitoring and a change in personnel evaluating the transects. At this time, we believe that there is sufficient herbaceous vegetation coverage in the mitigation areas and that maintenance monitoring in the spring will show greater percent coverage by herbs. We are confident that we will attain the 80 percent coverage by the end of the five year monitoring period as required. Reed canarygrass (a noxious weed) is abundant in adjacent areas and has spread to Mitigation Area 1. Small amounts are present and should be controlled to prevent future spreading. However, noxious weed coverage averaged just 2 percent, which is well below the City's maximum allowed coverage. 6.0 MAINTENANCE ASSESSMENT AND RECOMMENDATIONS During the fall performance monitoring event, a review of all necessary maintenance issues was performed. The following is a summary of those maintenance items recommended: o Remove garbage and debris located within the mitigation areas and dispose off site. o Control reed canarygrass that is beginning to encroach into Mitigation Area 1 in small patches. o Control Himalayan and evergreen blackberries as they begin to be established. General maintenance should be performed according to our Maintenance Specifications and Guidelines (Appendix B). It is expected that regular maintenance will be required to ensure plant survival and project success. Regular irrigation of the wetland mitigation areas during the first two growing seasons will be necessary in order for the newly planted shrubs and trees to establish and satisfy the requirements for success and subsequent release of the performance bonds. 7.0 PERFORMANCE MONITORING SUMMARY The fall performance monitoring for the mitigation areas at the Maureen Highlands site was conducted to record the health and growth of the vegetation, to ensure that proper hydrological conditions exist in the mitigation areas, and to evaluate wildlife usage of the site. A diverse collection of woody vegetation was planted in the mitigation areas. Plant survival within Mitigation Areas 1 and 2 averaged 103 percent. This increase in survival is attributed to colonization by desirable native species and new growth from planted material. It is expected that vegetation on the site will continue to grow well throughout the remainder of the required monitoring period. 14 December 2006 572M-FaII06Report.doc Talasaea Consultants, Inc. Page 4 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report Wildlife species observed at the time of the winter performance monitoring event was limited. Wildlife usage is expected to increase as vegetation continues to mature, but will be limited by the levels of urbanization in the area. Water quantity appeared adequate within the wetland areas. Water quality in the mitigation areas was clear and free of surface films. We conclude that the mitigation areas at the Maureen Highlands site are currently meeting the required City's success criteria. The installed plant material is healthy and is expected to thrive in the mitigation areas. Colonization by desirable native species will continue to improve habitat quality and species diversity as the site matures. We expected that the mitigation areas will provide increased ecological value to the adjacent wetland ecosystems. 14 December 2006 572M-FaIl06Report.doc Talasaea Consultants, Inc. Page 5 I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Moniloring Report APPENDIX A Fall 2006 Performance Monitoring Photographs (17 November 2006) 14 December 2006 572M-Fall 2006 Report.doc Talasaea Consultants, Inc. Appendix A I I I I I I I I I I I I I I I I I I I PHOTOPOINT #1 PHOTOPOINT #2 SMALL ANIMAL TRAILS IN GONSTRIJC,TED WETLAND '--,""-", ..;:.-,,:;., --;~~ ---..--- TALASAEA e CONSULTANTS. INC. -.~~ 15020 Bear Creek Road Northe .. t. 1JoodinvilIe, Washington 980,7 BWI (42:;)861-7~:;O -Fax (425)B61-7:K9 FI6URE #I PHOTOPOINTS #J 4 2 MAUREEN HI6HLANDS RENTON. JooiASHINGTON DRSlGN SCALI! N.T.S. U.lTE 11-21-ob II1!VlSBIl PRO.IECT 512M Copyright -Talasaea Consultants, INC. I I I I I I I I I I I I I I I I I I I PHOTOPOINT #3 PHOTOPOINT #4 HATER AT STORM DRAIN IN NOOl'KA ROSE HIPS IN e TALASAEA CONSULTANTS. INC. IIeoouRe • ~ PlmmID& 15020 Bear C~k Ro.d Ncrtbe • .rt WoodinVille, Washinaton 98077 Bus C425}861-7550 -fu (4.25)B61-7549 FleJRE #2 f'HOTOPOINTS ~ 4 4 MAUREEN HI6HLANDS RENTON, HASHINeTON ! -, 1 DESIGN SCALI! N.T,S, DATI! 11-21-06 ""VI""" PBOJI!CT 512M Copyright -Talasaea Consultants. I;.iC. I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report APPENDIX B Maintenance Specifications and Guidelines 14 December 2006 572M-Fall 2006 Report.doc Talasaea Consultants, Inc. Appendix B I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report 1.0 MAINTENANCE PLAN Maintenance will be conducted on a routine. year-round basis. Additional maintenance needs will be identified and addressed following each biannual monitoring event. The project will be evaluated by comparing the monitoring results to the established performance standards. This will ensure that success criteria are achieved at or before the end of the monitoring period. Maintenance and remedial action on the site will be implemented in accordance with City of Renton maintenance standards and the following plan. Contingency measures, as defined below in Section 1.2, will be implemented if performance standards are not being met. The maintenance plan contains the following: maintenance schedule, contingency items, control of noxious weeds, irrigation, and general maintenance items. 1.1 Maintenance Schedule Noxious weed control, irrigation, and general maintenance should occur on a regular, routine basis according to Table 1.0. These tasks are in addition to the maintenance reviews conducted by Talasaea Consultants. Table 1 0 Maintenance Schedule Guidelines Maintenance Item Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Noxious Weed 1 1 1 1 1 1 1 1 1 1 Control Irrioation 2006 2 4 4 4 2 General 1 1 1 1 1 1 1 1 1 1 1 1 Maintenance 1-B-number of times task should be performed per month 1.2 Contingency Items Replace Dead Plants -The Maintenance Contractor should replace dead plants with the same species or a substitute species approved by Talasaea Consultants that meet the goals and objectives of the mitigation plan. Replanting -The Maintenance Contractor should replant areas after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Areas will be replanted with an approved species or a substitute species that meet the goals and objectives of the mitigation plan. Replacement plantings should follow the details and specifications on the approved mitigation plan. 1.3 Control of Noxious Weeds Routine removal and control of non-native and other noxious weeds needs to be performed by manual or chemical means approved by the City of Renton. Undesirable and weedy exotic plant species need to be maintained at levels below 20% total cover in any given stratum. To avoid corrective measures, bondholders will be encouraged to maintain mitigation sites within these standards throughout the monitoring period. Following are specific recommendations for the removal of reed canarygrass and blackberries. All other noxious weeds such as Scot's broom, purple loosestrife, and nightshade should be grubbed out. Himalayan Blackberry Control -Small patches need to be grubbed out. Large areas need to be cut down. As new shoots (approx. 6" in height) reappear, they can be spot-sprayed with a high dose of Rodeo (concentrate). 14 December 2006 572M-Fall 2006 Report.doc Talasaea Consultants, Inc. Appendix B I I I I I I I I I I I I I I I I I I I Maureen Highlands Performance Monitoring Report Reed Canarygrass Control -Patches 3' x 3' or smaller need to be grubbed out. Patches greater than 3'x 3' should be either staked with cuttings or sprayed (see Staking Specifications and Staking List below). A walk through will be conducted with the Maintenance Contractor and Talasaea Consultants to determine the site-specific treatments to be used. Staking of new patches should be integrated into the standard maintenance procedures for designated staking areas. Selective spraying with Rodeo will be used only in designated spray areas. Spraying should be done at a time when a dry week of weather is predicted (with City approval only). 1.4 Irrigation Watering -The Maintenance Contractor should water with a temporary aboveground irrigation system from June 15 through October 15. During the first year after installation, irrigation should be at a rate of 1/2" of water twice a week. During the second year after installation, irrigation should be at a rate of 1/2" of water once a week. However, if more than 10% of plant replacement occurs, watering rates should be maintained at a rate of 1/2" of water twice a week for the duration of the monitoring period. 1.5 General Maintenance Items Debris Removal -The Maintenance Contractor should remove all trash and other debris on a regular basis. Erosion and Drainage Problems -Erosion and drainage problems (e.g., bank or berm slumps, pond leaks, overflow spillways clogs, etc.), which occur, should be corrected by the Maintenance Contractor as required. Foraging and Browsing -The Maintenance Contractor should implement control and prevention measures to prevent damage of planted material by browsing of wildlife (e.g., deer, rodents, and rabbits). Maintenance of Trees and Shrubs -Routine maintenance of trees and shrubs should be performed. These measures include: maintaining mulch rings, tightening and repair of tree stakes and resetting plants to proper grades and upright positions. With the approval of Talasaea Consultants, the Maintenance Contractor should remove all tree stakes after the first growing season to prevent girdling of staked plant material. Pruning of Woody Plants -Woody plants should only be pruned at the direction of Talasaea Consultants. Silt Fence Removal -With the approval of Talasaea Consultants, silt fences should be removed one year after the County has approved the mitigation construction, and the area should be restored by hand seeding (see plant schedule for seed mixes), if needed. Vegetation Control -Mitigation areas are not intended to be maintained like traditional landscaping. Grasses and other herbaceous vegetation should be controlled only at the direction of Talasaea Consultants. Grasses and herbs should be allowed to grow tall, providing habitat for small mammals. Mechanized devices such as mowers and weed whackers should not be used unless specifically allowed by Talasaea Consultants. 14 December 2006 572M-Fall 2006 Report.doc Talasaea Consultants, Inc. Appendix B ~OOS0630 tJ0.119S SHEET :1. OF 3 Maureen Highlands DIV. III A PORTION OF THE NE 1/4, SW 1/4 SEC. 11, TWP. 23 N., RGL 5 L, W.M., aTY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A OF CITY OF RENTON LOT UNE ~T WA-05-028-UA, ACCORDING 10 THE LOT LINE ADJUSTMENT RECORDED MAY 3, 2005 ... YQllftulE 186 or SUR~ AT PAGE(S) 50 AKJ 51, UNDER RECORDING NO. 20050503900029, IN KING COUNTY, WASI.:lGTON. DEDICATION / CBRTItlCA'ftON KNOW AlL PEOPl£ BY lHESE Pt<ES£NTS lMAT WE. 11£ UlIlEOAStQ& OWINERS IN FEE • FlE or THE LANO HEREBY PLAnED, HEREBY DEQ..ARE 1tiIS PlAT AND tlElllCAlE 11) 1ttE USE or THE PUBUC FOREw:R AU. SIREEIS AND AVD4UES SHOWU HEREON N«J THE USE llEMl'lf ,.. AU. "BJC tlGHWAY P\Mf05ES; AI..SIO Tt£ RIGHT TO MAKE All NECESSMY SLOPES FOR CUTS IH) n.LS UPON _ LD1S NI) a QCI($ SHo. ON 'HS PlAT IN 1HE ORIGINAl ~Aa.E GRADING OF 1tIE SMEEiS MID AWJI.O SIlO •• HDECM. Me) fUIfIH[R DEI:ltCAlE 10 1HE USE OF 11-£ PlIIIIC. ALL 1HE EASfNFNTS suc ....... fUT AJt M.L "aee PUr,: 5 AS 'I[<CAD lHEREC»!. !NC"IIIIJI.G BUT NOT liltED 10 v..rR£'S _...... E KNOW AlL PEOFU BY THESE FRE3DlI'S, "INAT lIE H' E .... = _ m "a.CAS .. fIE IF HE OF 'DE: LAN> HEREBY SUIDWlED, t£ilEBy CDlFY 'tHAT WE tfA~ au., 0 'R£ MhUI&D IllctL"U tlCltECMIEnS ASSOQA11C»c IN ACCORDANCE .1M WASllIClt»I ITA. LAIr _lOt IlOtIFES EACJ1 un fE 'MS PlAT AS A MEWBER or SAID HOWEOWNERS ASSIlaA1'ION. SAID. OOA .... IS $I. ECT 10 'M: D[O 'ftAl'ION OF CO'I£NANTS AND RESTRlCl10NS FOR 1HE PlAT OF MAUF EN 'IGtI .. JiIiIlS, AS DlSiClD!fI' BY INS1RUMEMT IAIlEJit KING COUNTY RECOROtNO NO. 20031124001222 AND AS AMDIlEDM'f6,' NT RECORDED UNDER REOORIlII:IG NO. ----~oOSO'IOOO I. IN YI1'fli1ESS WiEREOF WE HA'tt: SET CXM HANDS AND .... 5 HARBOUR HOt.IES, INC .• A WASH IN . CORPOR liON BY: c.:.-~SI ITS: 'SI::~*" J L .•• -. .--'U 17),,~ DECLARATION or COVENANT THE OWNER Of THE LAND EMBRAC[D WITHIN THIS LONG PLAT, IN RETURtI FOR 1HE BENUlT TO ACCRUE FR0t.4 THIS SUBDI\1SION, BY SIGNING HEREON CO'«HANTS 1M> t£REBY CON'¥EYS 1ttE IENEfICIAl IN I£REST iN THE NEW EASEMENTS SHOWN ON lHIS LONG PLAT TO ANY MD AU. FUTlH: f'UirOtASERS CF 1l£ LOTS, OR OF ANY SUBDI'lr1SlON 1MEREOF. THE CO\£NANT SHALl ~ II1H 11£ LAND AS SIIOQI ON lHIS LONG PLAT. ACINOlfLEDGKEN'1'S STATE Of WASHINGTON ) )SS COUNTY OF KI Nti _) I CERlIFY lHAT I KNOW OR HAVE SAllSFACTORY E\4DENCE lHAT q€or6€ ,J1i!"~JlE;{ IS 1ME PERSON THAT APPEARED BEfORE ME. AND SAID PERSON ACf<NOIM..EDGED 1MAT HE/St£ gQ£O lHIS INSTRUMENT; ON OATH ~TED lH}.T HE/SHE WAS AUTHORIZED TO EliECUTE THE INSlRlIIENT; AND ACl<NOIM..EDGED IT AS ~,/ :IY-"AC OF HAABOUR INC., A WASlIINGTON CORPORAllON, TO BE lHE FREE AND VOL~TARY ACT OF SUCH PARTY fOR 1HE PUft <JSES MENl10NED IN 1HE INSTRl.JWENT. DATED: J"",€ 11 I, SlEPHEN J. SOIRE!, HEMtin CERl1FY lMAT 1tIS PLAT CJF MNJI EN HMO'HLAM)S, av •• IS .~sm ON AN ACTUAl ~Y IN SECl10N 1" 1O •• SlIP 13 MOR1tt. ttMIQE 5 EAST, ...... taNQ COUNTY WASHINGTON; THAT 1H£ COURSES NCO DtSTN«:ES ME ~ CCfllC£CllY HEREON. 1MAT 1HE MONUMENTS al... BE SET AND 1tfE LOT OJ COS STAKED CORRE<CllY ON H GItOUND; MI) lMAT I HA'L F\l.LY CCIIIPUED .TH THE tIF THE PlA T11NG 1C£0UlA 1tONS. CITt or RENTON APPROVAlS CITY OF RENTON PLANNIt~G I BUILDING I PUBUC WORKS DEPAR'NENT EXAWINED AND APPROVED THIS ZD ~ Y OF :l U N e DTY CF RENTON MAYOR 2005. EX". n AND APPROVED THIS2Jf"OAY OF ~Cf=1f."'!!::::!:' :::!,=-____ 2005. -body #4·iJb!&o. QTY OF RENTON fit. £X1IMI ill AND APPRCMD 1MIS J.7 DAY CF _~~~~IIiI/Il1t~(~/~ __ 2005 DTY CLERK CITY OF RENTON FINANCE DIRECTOR'S CEk'l'IP1CATI I HEREBY CERTIFY THAT THERE ARE NO DElINQUENT SPECIAL ASSESSMENTS AND 1HAT AlL SPECIAL ASSESSMENTS CERlInED TO THE CITY TREASJRER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED fOR STREETS, ALLEYS OR OTHER PUBUC USES ARE PAIl-IN FULL 1MIS 9P "'» DAY OF _(J(=c-=tJ_I2_A2~ _______ , 2005. FlN~iT~ -,....,. 620·· ::;..../------------ UNG COUNTY FINANCE DMSION CEk'l'IFICATE I HEREBY CERTIfY THAT AlL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DElINQUENT SPECIAl.. ASSESSMENTS CER11F1ED TO THIS OfFICE FOR co I ECllON AND, lHAT ALL SPEaAl. ASSESS fliTS aR-WetlED'" TO lHIS OFflCE FOR COlLECTION ON ANY OF 1HE PROPERTY HERfJN CONTAINED. DEDCAlED AS SiliEElS. ALLEYS OR FOR 01MER PUBUC USE ARE P:\ID IN FULL . THIS 30~ ?' u..Mq~ 2005 DAY OF _.....,~"""_'~!.1:...&.11 _ _=:;.._______ . MANAGER. nNANCE DIVISION DEPT. OF ASSESSMENTS EXANttID AND APPRO\t:D 1MIS ~AY OF -=l~IUI~.6'oII£c=------2005. 5, nit Noble KING COUNTY ASSESSOR RECORDINGCEk'tIFlCATI FILED fOR 1~ AT THE REClUEiT J:£ CITY OF RENTON lHlS 2ft AT WlNUlES PAST .....s..a ... AHD RECORDED IN YOlUWE o '( CF __ ..:K~ __ _ CF PlATS. PAGES f:lJ -iii RECORDS OF KING COUNTY, WASHINGTON. QI\/1SK1j Of BEN PPS AND f! ECDONS __ ~", DESIGN ,gIl H.E 291ft ... r. 'OJ ... 5'" W. ".,., flM1 42S JJSJ&lJ .... .os 115 ~ ENGINEE.,NG • 'LANNING· SUrVEYING .JOB NO. 03024 • . Maureen Highlands SHEEI 2 OF 3 WA-05-049-FP Llm-10-O"31 DIV. III A PORTION OF THE NE 1/4, SW 1/4 SEC. 11, TWP. 23 N., RGE. 5 E .• W.M .• CITY OF RENTON, KING COUNTY, WASHINGTON IASIUNT MOTBS 1HE EASfM"NlS OEPK;TED (III SHEET 3 0:-3 0:-THIS FlNAl PlAT ARE FOR THE UWITED PURPOSES USTED BELOW Nfl) NIl£. ttOREBY CONVEYED UPON 1t£ RECORDING OF THIS FINAl.. PLAT AS SPECIFIED ACCORDING TO 1HE RES[RYA 110NS lISTED BEl OW. 1HE aTY 0:-RENTON SHALL HAVE 11£ RIGHT TO ENTER lHE PRIVATE DRAINAGE EASEt.fENTS SHOWN HEREON TO REPAit IIfY DEFJaENCIES OF THE DRAINNE fACIlITY IN THE EVENT THE O'IIt£R(S) IS/ARE HEGUGENT IN THE MAlNmwtCE 0:-1tIE DRAINAGE FAQUlIES. l1£SE REPAIRS SHAU.. BE AT THE OWNER'S COST. t. AN [Ax AfT IS HEREBY MtSERlIED, GRAHlED AND CONW::YED TO THE CITY Of RENTON, PI.KET SOUND EhERGY, Q ITI CCl "JflCA11DNS, CClIICIST, giG OJUHTY WATER DISTRICT NO. to AND tHEIR RESPECTIVE 51 CI: .. SIC IS AND AS9QNS, tal'dt MD "ON 1RACT A. WtACT B AND 1HE EX IERIOR 10 FEET Of All LOTS AND lUCiS. PMMlfJ w" AND ADMlI.CElCISnNG CIt PROPOSED PUBUC RIGHT-Of-WAY IN WiICH TO 1NSTALL.I.AY. UhSlkUCT. uwc:w. Q UtA1£: MD MMfrMl UNDERGROUND DlSIA sJlION SlSIEWS WITH NEQOU'In FAClJIES. SKeIMJCS Nt) 0110 [QI .... TFOR 1HE PURPOSE 0:-SERWIG MS SlIBOI'WtSIQN AND OllER" C OUt ..... U1IJ1Y .... 1$ ,. SlEMtJCS. 'FOG£THER .TH 1l£ RIOHT TO END lPON 1HE LOTS AT AU.. S FaIt 'H NL2 C $ 'CJC»4 filat ClLi STAD. NO UNES OR .£5 FOR 'H 1RAHSMtSSION OF EL£C [( C a Ira wrr. CIt Fat .. E .IOUE USE. Cit" E 'IEI..hISION, FIRE CIt Pa.JC:E SIGNAl. OR FOR OTHER PURPO!I!S. .,,"1 IE PlN"D Ui 011 lilt un unESS 1HE SM«: SHAll BE UNOERGkOUtC) CIt IN C(H)UtT ATTAa4ED • A .. tEl; 2. 1HE to fwt PWVAlE DRAiNNE £ASfW'NT SlIOIIU ON LOT 2 IS TO THE BENEFlT W LOTS t AND 3. THE a.os fit 1M> 8ENEF11£D LOTS ARE HEREBY RESPONSIBLE fOR THE MAINTENANCE W THE PRlYA TE DRAINAGE FACIUlES _" •• SAl) EA ... NT. 3.1l4E 10 fOOT "YATE DRAINAGE EASEMENT ~ ON LOT '9 IS TO THE BENEFIT OF LOT 18. THE OWNERS OF SAl) 8ENEfllED LOT ARE HEREBY RESPONSIfI! E FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES II1nIH SAID EASflENT. 4. 1l4E 10 FOOT PRIVATE DRMoIAGE EASEMENT SHOWN (III LOT 4 IS TO THE BENEFIT OF LOT 5. THE OVttolERS OF SAID IENEF1lED LOT ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WlnIH SAID EASEYENT. 5. THE 10 rooT x 15 FOOT PRlYATE DRAINAGE EASDfENT SHOWN ON LOT 16 IS TO THE BENEFIT OF LOT 17. THE 0WI4ERS 0:-SAID BENEFllED LOT ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACII fTIES WITHIN SAID EASEWENT. 6. THE 10 rooT x 20 FOOT PRIVATE DRAINAGE EASDfENT SHOWN ON LOT 7 IS TO THE BENEFIT OF LOT 6. THE OWNERS 0:-SAID BENEFllED LOT ARE HEREBY RESPONSIBLE FOR THE Io4AINTENANCE OF THE PRIVATE DRAINAGE FAClJ11ES wrrHIN SAID E"!'£MAIT. 7. THE 21 rooT x 13 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 8 IS TO THE BENEFIT OF LOT 9. THE OWNERS OF SAID BENEFITED LOT ARE HEREBY RESPONSIBLE FOR THE Io4AINTENANCE OF THE PRIVATE DRAINAGE F ACIUTIES .THIN SAID EASEWENT. 8. THE PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 9 IS TO THE BENEFIT OF LOT 8. THE OWNERS OF LOTS 8 AND i ARE fUEBY RESPCI'ISIRI E FOR THE MAINTENANCE OF THE PRIVAn: DRAINAGE FACIUTIES WITHIN SAID E.4SEMENT. i. THE 10 rooT PRIVATE DRAINAGE EASEMENT SHOw.! (III LOT 10 IS TO THE BENEFIT OF LOT 11. THE OWNERS OF SAl) 8ENEf1lED LOT ARE HERE8Y RESPONSIBLE fOR niE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT. 10. 1H[ 10 fOOT ",VATE DRM'fNE EASEMENT ~ ON LOTS 13 AND 14 IS TO THE BENEfIT OF LOTS 12- AND 13. 11£ OMfUtS Of SAl) 8ENEF1lED LOT ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRlVAlE DRAINAGE FACIUTIES .~ SAID EASDENT. 11. 1HE zo rooT PEDESlRIAN A<X1SS EASEMENT SHOWN (III LOT 9 IS HEREBY RESERVED FOR AND GRANTED TO THE MAUREEN HIGHLANDS HOMEO.OS ASSOCIAl1ON FOR PEDESTRIAN ACCESS FACILITIES. SAID HOMEOWNERS ASSOaATICI'I IS HEREBY RESPONSIfI! E FOR THE MAINTENANCE Of THE PEDESTRIAN ACCESS FACILITIES WITHIN SAID EA5fNDfT. 12. 1HE Z5 FOOT WATER EASEMEHT SHOWN ON LOT a AND LOT 9 IS HEREBY RESERYrn FOR AND GRANTED TO KING COUNTY WATER DISTRICT NO. go fOR PUBLIC WATER FACIUnES. SAID DISTRICT IS HEREBY RESPONSIBLE FOR 1HE MAII/TENAHCE W SAID PlJaJC WATER FAClU11ES II1THIN SAID EASEMENT. 13. 1HE 25 fOOT ACCESS EASEWDIT SlIOIl1. ON LOT I!I IS TO lHE BENEFIT OF LOT 9. THE OWNERS OF SAID LOTS 8 AND t ARE hEREBY RESPONSH E FOR THE MAINTENANCE OF THE PRIVAn: ACCESS FACILITIES WITHIN SAID E.&Sf'MENT. lICJNlft MAP 1" -2000'± RlS'l'RlCTIONS 1. TI-IS SITE IS SUB.£CT TO WERAL flESERVATIONS AND EXCEPlIONS BY NCRlHERN PACFlC RAILROAD. INQ.UDlNG THE fERtl,tS AND CONDIlIONS THE.REW. M. DISCLOSED BY -'STRUNENT RECORDED UNDER RECORDINC NO. 4855523 AND "NOnce: OF a... TO SE\oIERED iIIIN:RAI... IN IERESr AS DlSQ.QSfO BY -'STRlJMENTS RECORDED UNDER RECORDING MOS.. 200:50125002078 AND 20030125002071. 2. lHIS SITE IS SUBJECT 10 AN AFFlDA'¥IT. NI) 11£ 1ERt.tS AND CONDiTIONS lHEREOF M. DISClOSED BY INSTRUWENT RECORDED UtG:R RECOOCI.G NO. 8011110344. 3. lHIS SITE IS SIIB.£CT 10 A SENSll1\£ MEA ItOlICE AQIlFEMfNT, AND 11£ 1ERMS AND CONDITIONS THERE<F, AS IlSQ.CtSED BY IGII'MDT III£XXHED W tEit GIG CDl.MTY .. conic NO. 2001032100413. 4. 'MS SITE IS SIIBIECT 10 1£RWS, CO't9W11S.CClDlIONS,."" RES2L C"8CIIS AS CCNT. Ell IN CITY W RElfTtlN LOT UNE AD.IJS1MDIT AS UlUJt ..:; COUN1Y m 1OQ20715800003. 5. 'MS SITE IS SIIBIECT 10 1HE 1£IWS Me) J AOUI .. OIF MIl EA'DB'T AS DlK3 0.1] In' INSTRUMENT REOOidEjI UtIltJt giG COUNTY .. CON: 1110 .,. IDOJ05t2GOl_. t. MS SITE IS SUB.IECT 10 -IS. co DI •• " CCilElllONS,.AND AESISClDIS AS CONT. " IN aTY W RENTON LOT UHF AD.J.JS'1WNT AS RECQFDED WIS IlItC a:unY 1EC2llilJG NO. IDOlO824800008 7. MS SITE IS SUB.lECT TO lHE 1tRIIIS MI) IICWJDNS or Nt £&9 EMf AS DlsrJ 0." In'1NSTRUtoIENT REtXRIED UNDER KING COJNTY Rl.WP1i11G NO. 1DOl102000Dl15. 8. lHIS SITE IS SUBJECT TO lHE RES1RIC1ION'S. CDIOlIONS, OEDtCAnoN5. NOTES, EASEMENTS AND PRO\1S1(JfS, F ANY, CONTAINED AND/OR OOltEAlED ON 1HE FACE W 1HE PLAT RECORDED IN YOLl'l[ 218 OF PLATS AT PAGE(S) 81 THROUGH 87, INCLUSIVE. IN tcI:IG alliITY, WASI •• GTtlN. 9. lHIS SITE IS SUB.£CT TO TERMS. cow:NNfTS, CONDI11ONS, IW) RESiNC110NS NfD/C1R EASEMENTS AS DlSCl.OSED BY INSTRUMENT RECORDED utlDEJt KltG COUNTY RECORDING NO. 20031124001222. 10. l1iiS SIn: IS SUB.ECT TO THE PROIJlSiONS 0:-lHE ARTIa FS OF INCORPORAllON AND BY-LAWS OF THE MAUREEN HIGHlANDS HOMEOWNERS ASSOQATK»I. AND ANY TAX. FEE. ASSESSMENTS OR OiARGES AS MAY BE LE\1EO BY SAID ASSOCIAllON. 11. THIS Sin: IS SUB..ECT TO lHE RESTRIC1KlNS, CONOIlKlNS, DEDICA 11ONS. NOTES, EASElIENTS AND PRO\1S1OHS, IF ANY. CONTAINED AND/OR DEUNEATED ON 1HE fACE OF THE PlAT RECORDED IN VOlUME 227 OF PLATS AT PAGE(S) 1 THROUGH 5. INCl.USlVE, IN KING COUNTY, WASHINGTON. 12. THIS Silt: IS BENEFITED BY A Ul1UTY AND ACU:SS EASEMENT, AND 1HE TrRMS AND CONDm(lllS THEREOf. O~ A PORTION OF LOT A, CITY OF RENTON LOT LINE AO.usTWENT NO. u.A-01-080. REC. NO. 20020715900003. AS DISCl.OSED BY INSlRUMEMT RE.CC'1ROED UNDER RElUtDING NO. 20030512001491. THE MAUREEN HIGHlANDS HOMEOWNERS AssoaAtlON SHAll HA\€ SOlE RESPONSlilUTY FOR THE DRAINAGE FACIUTIES CONTAINED WITHIN SAID UTIlITY AND ACCESS EASEMENT, INCl.UDeNG BUT NOT UMITED TO: MAINTENANCE, OPERAllON. AND UPKEEP. SURVEYOR'S NotiS 1. All Tln.E INFORMATION SHOWN ON ntIS MAP HAS BEEN EX11V.ClED FRON FlRST AMERICAN Tln.E INSURANCE cc.tPANY AMENDED SUBDI\1S1ON GUARANTEE. ORDER NO. 4269-540449, DA lED MARCH 02. 2005 AND Sl;PPLDtENTAl REPORTS NO. 1 AND NO. 2 ",calO DATED MAROI 11, 2005 AND MAY 16, 2005, RESPECTI'JEtY. IN PREPARING "THIS MAP. CORE DESION HAS CONDUCTED NO N>EPDIlENT lln.E SEARCH NOR IS CORE DESIGN AWAR£. OF ANY TITlE ISSUES AF'FEC~G 1HE SUR\£YEO PROPERTY OlliER niAN 1HOSE SHOWN ON THE MAP AHf) DtSClOSED BY THE REFERENCED SU B DlaoN GUARANTEE. CCJ L DESKiN HAS RElIED ...aLLY ON FlRST AMERICAN TIn.E CC»IfPANY'S REPRESENTA'OONS OF lHE TITLE'S CODTKlN TO PREPARE lHIS SURVEY AND THEREFORE CORE DESIGN QUALIFIES THE MAP's ACCURACY AN) CClttPL£1ENESS TO THAT EXTENT. 2) THIS IS A. COtofBINED FIELD TRA~RSE AND (UIBAI.. POSIllONlNG SYSTDI SUR\€Y. A SOKKIA fiVE SECOND ELECTRONIC TOTAl STATION AND A TRIMBlE MODEL 5700 GLOBAl.. POSI11ONING SYSTE:M WERE USED TO WEASURE THE ANGULAR AND DISTANCE RElATIONSHIPS a:ltDf THE CONTROU.ING MONUMENTATI(III AS SHOWN. CI.~ RATIOS OF THE TRAVERSE MET OR EXC>fIIED "'lOSE SPECIF£D IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN COt.tPARED TO AN H.G.S. BASELINE WITHIN ONE YEAR Of THE DAn: OF THIS SURVEY, 3) ALL DISTANCES ARE IN FEET. 4) AU.. SURVEY CONTROL INDICATED AS "FOUND-WAS RECO't£RED FOR lHIS PRo.£CT IN MARCH. 2003. 5) AREA OF EN11RE SITE: 201.477± 5.F. (4.1253± AC.) 6) AREA Of DEDICATED RIGHT Of WAY: 41.082± S.F. (0.M31:t AC.) ....",,;' DESIGN ,qr J HE. 29IfI ttl. S. r01 I,' e ... WI hi... JlC07 4'S MVIJI Fax 425 1155..7963 EHGINff.,HG • 'LANNING· SURVE'YIHG .JOB NO. 03024 3 2 Maureen SHEEI 3 OF 3 WA-05-0"9-FP LND-10-0431 10 11~ FOUND 1-BRASS eN> ON. 1.5' AT NW COR SEC. 11-23-5 VlSllEO 3/25/03 Highlands DIV. III 10 f--< -' Il. ~I 10 11 15 14 CITY Of" RENTON SURVEY CONTROl PT. 11845 1 LOT 26 1 BECK'S TEN ACRE TRACTS Val. 9, PG. 141 FOUND REBAR WI NO CAP 0.2 S. & 0.4 E. A PORTION OF THE NE 1/4, SW 1/4 SEC. 11, TWP. 23 N., RGE. CITY OF RENTON, KING COUNTY, WASHINGTON LOT 27 BECK'S TEN ACRE TRACTS VOL. 9, PG. 14 5 E .• W.M., 1309.70 133.61 ,,21.02 I N.E. 8TH ST. N87"27'2rw 86.26 t-10' UnUTY EA!I:WENT 79.12 1128.14 N. UHE SW, 1/4 SEC. 11-23-5 79.12 79.12 -- o ~ f-« -' Il. Z ::0 -- N87'27'27"W t-----~~8~8.~5~7~~--~~~ - -• ~0' --,. ............Q 10' UnUTY EASEWENTJ .,,~ {' V III SEE NOTE I, SHT. 2 ~ :-,'0'1 III 11/--1 .,~ . i 21' 11'),-~ I~ ~ ~ ens) 10 ~I 7898% Sf I· N 6-______ ~~~~~~5~·1~6~-W~----~~. 112.50 10'~-_1 2 SEE HOlt 2, ILl 01 o 21' , SEE NOTE I, 5tH. 2 .( I4J , 1')0 !'lo N . 1')0 • 0 t'>I_ o 10' POE Z SEE NOTE 4, SHT.2 -----. - 5 oug) 7912:+; SF w • ~8 C"f • ~8 o z .... e O2OCD 7912:t SF -- 7 (l2® 7929:tSF ~ .... SHT. 2 1 § eng) w 72oo± SF C"f ;, ~f~:1:=~~~~==~·~--~~Xl----l·~----75.00-----f~~~~ __ ~ __ ~~ 68.31 -;. ¢ /.~.9...L:. - --':5.00 75.00 5' 65 g ~ ~o<" /' 10' POE -1--- - -a".:.:._1 -=-_ -!~ ____ ..;.N;.;::8..;.9·~4,;;,5 ',,:.,16~"...;;W;"-' ____ t-L+)( Z n_ r· < / 1:9', IS' , 112.50 SEE NOTE .3, 10'x15' POE "<t SHT. 2 I4J sn NOlE 5, o o .". cD 1 063) 7200± SF 112.50 --N89'45'16"W I I L 1 l 1 I 1 I ~ I I 1 I I 28 27 26 25 24 154.50 I I I , -I I 1 -I 1 , I -, , I -I ~ : ~ -1 :::l 0 h 0 SHT. 2 ~ 2100\ , 7.81 • w • Z ...i a. o -D:: < (I) -Irl I'-. a <Xl ('oJ - 10, -. 0, o Z "<t ('oJ n ('oJ "<t 19 .0 ,"'0 1')0 21' cD ~ ci 18 t'>I. ,I') 0 o I <:$123) ,0 ~ g 17 ~ ci 21' ;: ~ -(6129) ~ -(201) g 2 9086± SF 7500± SF z z - . -N . -N 7500± SF ------ N87'27'27"W 315.43 242.20 ---- N.E. 7TH PL. 8 MAUREEN HIGHLANDS DIV. II 9 VOL. 227, PGS. 1-5, REC. NO. 200502244001491 21' • lAJ • Z ---1--- 7 I 1 10 21' 16 @20t) 8606± SF 14- 02® 9952± SF L PARCEL B CITY OF RENTON l.LA. NO. LUA-05-028-LLA REC. NO. 20050503900029 FOUND REBAR WI YELLOW PLASTIC CAP-~ "HGG PELS 6422" 79.12 8 ~21V 9396± SF AT CORNER I4J , I') 0 !'l 0 ~ori • C"f N _ o 70.77 z ,.--~'x1r PIlE m: HOlE 7, 9iT. 2 25' AOfSS EASEWENT SEE NOTE 13. SHT. 2 I- I I I L -- 32 --r-f-25' WAlER EASEWENT SEE NOTE 12, SHT. 2 I POE I 31 SEE HOTE 8, SHT. 2 L-----J-20' PEOCS1RIAN ACCESS EASEt.tEN T 10 <fu) 7793± SF 11 @) 7673± SF o o 'W ~io 10 -r o o N89'48'05"W Z )(~~+---~~10~0~.9~9~----~ 13 <:$210 8783± SF ,/ --1.. 12 @D 9391± SF 20' PDE SEE NOTE 10, SHT. 2 o n 01 <Xl SEE NOTE 11. 9-11. 2 L -- I I 3r , I ' I I I I 29 I I U ZtD « 0::0 wo.. -u . ztO wtD lL w...J 1-0 -> I S 1--- I I 28 I 1--- I I 27 I ,--- I o D:: ----+----TRACT I ~ POE PERT REF. 2 I ir I \ I , ~ FOUND BRASS SURFACE DISK AT 1l£ SW COR SEC. 11-25-5 '¥ISITm 3/25/03 CITY Of" RENTON SURVEY CONlRCl.. PT, 11852 SCALE: 1" 50' -- o 25 50 100 ~ BUBS Oil' BIWtINGS 11iE PlAT Of" MAUREEN HIGHLANDS DlV. II, RECORDED IN 't'OLUWE 227 OF PLATS, PAGES t lHROUGH 5, UNDER ItECORDING NUWBER 200502244001491, (REF. 2) R L Cl 76.00 15,2'56' 20.18 C2 76.00 32'38'10" 43.29 C3 76.00 18"04'32" 23.98 C4 76.00 21'46'33" 28.88 LEGEND • • o • SET STAHDAIUl CITY OF IlEHTON c:oH<::RElt MONlIWENT .. CASE AS SHO¥IN. STANDARD CTY OF RENTON CONCRElt WONlJMENT iii CASE SET PER REF. 2 (TYP). SET In-II: 24-REB·R W/'I'ELLOW PLASTIC CAP STAMPED -CORE 3~- fOUND ~AR w/ ¥EllOW PlASl1C eN' "lRIAD 18094 19820 22335 21402- UNl£SS OTHERllr.iE NOTED. SET TAa< iii LEAD W/'5I UG< -37555- ON FItOPERTY UHE EXlENOED .... 75 r.FU:~1 IN UEU OF FRONT LOT CCJflOS 1M ESS NOTED 01HERW5E. (illeD CITY OF tBflON STNEE I M/[ nESS T all' Of' UN1vN Utl5RBNCE IIONUKINTS NO. 1845 -BRASS PIN IN CONe, MON. IN CASE, ~ 1.3", AT THE .. IERSECllON OF S.E. 112TH ST. AND 148TH AVE. S.E. (NIl£ AVE. N.E.) NO. Ut52 -3" FLAT BRASS SURFACE DISC AT THE IN IERSEcnON OF N.E. 4TH ST. AND NILE AVE. S.E. U'iRiNCBS 1. 11£ PLAT OF WAUREEN HIGHLANDS DIV. I, RECORDED IN VOlUloIE 218 Of" PlATS, PAGES 61 THROUGH 67, UNDER RECORDING HUUBER 20031124001221. 2. 'K fIlA T OF WAURUN HlGHLANOS DIV. II, RECORDED .. VOlUME 227 OF PI.A TS, PAGES 1 n-tROUGH 5, UNDER RECOROING "'''IBER 100502244001 ... 91 . 3. CITY OF RENTON LOT UHE AD.lJSlMENT LUA-05-028-llA, RECORDED UNDER RECORDING NUMBER 20050503900029. J 471 J H.E.. 29th I'f. We J 0 7 425.885.7877 Fax 425.885.7963 ~/DfSIGN fHGIHEEltlNG • PLANNING· SUIVEY'NG .JOB NO. 03024