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Home My WebLink AboutLUA-05-073., _. -.---'--' ·----90, CHElUELANE RSNTON. IUAC,14INGTON CORa Pe616N INC:. EMiNEmRN:'i • ~!NG • ~v:r"t'JtrrG CORB NO. 0J0ea ~l~. ;ac·" 111 .200' ~\ \ .. . ' " '. " , \' , . ,\ , " , \\ '; \ ' I' , " . .... \. \." " ,/, \ \ . \ \ ; \ 't-•. ,,\\ . I' . -......... ...,..~~ ... ' _.- t}.e.t-\1 ~~~~\""G Oe.\je.6\~ Of ~E.""O"" ~'::::'~l\l~' \ \l°'Lu\f.i ~~C~\\j~O , ' CHERIE LANE A PORllON Of TI-lE NW 1/4 OF THE SlN 1/4. SEC. 29. NIP. 23 N •. RGE. 5 E.. W.t.I .• aTY OF RENTON. KING COUNTY. WASHINGTON U!GM. 1II5SCIW't1IlN 1l£ stVlH ioW.F OF 1l£ NORTrAIEST 0I.JAR"lIR CF 1HE SClJ'llftEST W~ CF ~ 29. 1'tMI91W' 23 NCRlH. RAHCE: 5 EAST. ....... It IaNC CD.INlY. WASHINC1ON; 0tCEPT 'tHE HCRTH 330 Ft:ET: A1.SO EXtEPT tHE EAST 1560 fUT DmJl'!Amm / cmmm:&1IIIN DIJW AU. PEtPlE BY ntESE PRESEN1S lMAT IE. lHE UMIJ£R5IEiIIIED OttERS ., Fe: !iItIPtE (!F THE LMD HEREBY fll.ATlED. i£EEE!'Y DEIl..ARE nes PLAT .., OEIICA.TE ro 1HE USE [F ne PUE!UC RRE\'£R ALL STREE1S AND 4eaJES SHOIIII ttEREDI oi.ND ntE USE 1:HEJECF ~ AU. F\SUC ftIGH'CI.,y PURPOSES! I.l.SO n4E RDfT to w.;a: ..u. 1IIEIESSAIn" SlPES FGi: ruts o\ND FI.1.S W'ON ntE lD1S .um BL.OCICS 9IlIII4 at nts PlAT .. lHE I:RIaIAL R!ASCMABLE GRAtIMG or 1H£ S"tP.EE13 AND ,,\!XES SHQIaI ~ MiD RJinHER IEDCA1£ 1'(1 t1£ USE OF 'UtE FIIB.JC. ALL 1M[ ~ ~ (Irf tiCS RAT FOR All. fUUC fIURPQSES AS KE41FD lMEREDt. ft«1.!DNG BUT treaT UIiOlED ~ t1lI.nES AND DRA1IfAa.. IR'OI n£ RE:IXRI:*G (F nus PLAT. lKACT .. IS r«lEPY CIWfiD) NI) COI'IIEYID to tHE QIERIE 1AtCE =-==-~~~~'=~~=~~~ FM.S ro YEET liS ~ TAlI' DBl.IGA1DCS AS E'I£llEKCED B"f HDN-D"nIDfT CF PRCPBnY TAXES FtR .. :=g ::='(t~~;:"~~~~1HE~~HA~\IE;':' ~ ~ IIJCDW #oU... PEDPLE BY tHES£. ~ 'DIAl 'IE tHE t£RBN BElDW SIiIED oetERS III Fa: SiMPLE IF 11£ LAIC) HEREBY Sl.IDWJE!]. HEREBY csmFY 'tHAT WE HA\'E ESTA!I.!!HD mE DEBE LANE ~ ASSDQA~ IN ACaJRD.AICCE WDi DSIIC'ltIN sr'&lE LAW ..:ti EENlI-lES EACi lDT CF 1!CS Pl..AT AS ,., MEISER tF !OM) ~~~f;m~=~~TOtn'~~~~1ID. .. WDIESS .-£REOF tIE HA\£ :£T WR MAND5 um SEALS. IIWJCENZE P.M:R ttr:HS. .. c.. .. IIA.Stt!H;mN allPCRAllON B'I'! .". JJI!!!:IA .... mm QP CUVENA!ft' T1£ CJIIER (F 'DE L.IH) ElI£RJsCEr) WIHIN 'P.G PLAT. If REJ'lRf R1R lHE !!EIERT lO ACCHJE FRmI tHIS SlSDMSICN. BY SDINQ IiEREm. an£NNfT AfrG) ~ 10 CXIt\£Y tI£ BEIEFI:L\l. em:R£ST DI "Q£ lEW ~ SHtJIIBI ON lItE PlAT to NIfY AND ALL FVil.H: PURCHASERS CF 1HE 1DlS. DR CF Ilf'( SI..IEDIASICJN 1HER£IF. "DiE cmDIANT SHALl. RUN 11TH ll£ ~ AS SHCWIf ON 1lGS PlAT. ~ S'TJ,.lE OF trA.SKNGltJN ) "" au/TY OF ___ ._ ) ~ ~ ~ ~~ ~ =~ ~ ~N'Jl)N'M :::==FnQOD==""=T'"'I£,ISI£==-=""",,==-=llOS=--~ CJI 0A'Ut srA1m lHAT 1£19£ WAS .QJlMORIZED TO EXCDJ't[ tHE 1IISR1MEJlT; .uco ~TTAS CFMAClCEJrlZERMRHDlES.DCC. A 'I'A,SHIIIiG'lU CCRPCRAlDt. TO BE 1HE fREE AND Wl..UMTARY ACT IF SUQ-I PQ1Y FM 'tHE USES .., PI..IRPO!i£S t.!ENtDeD II 1HE tJIS'rRIAIDfT OAm>. ____ . 3ID6. ~ ~"""'_="'_;;-;ll£=--- S'iA1£ OF 1lASJoItIGltIII _'T __ _ IIY APP<IIf11eJ(T EXPIRES CIrY OF BI!!mIN APPBIWAU! CTY CJ=' R9mJN ~ I II.II1IMC'O I PlBlJC acRCS rEP.r.R'1l!EJrfT EJCAII!t{ED AND oIrPPRO\B) lH!S _ DAY Of ...,. AIlOIlNISlRAltlR aTY CF R£MTON ..... TtFi. EXAI!INW AIm AfIfIRENEI) ltlS __ 1)1.,'1" c:!' 3XJb" ..... - aT't CF RENTDH EXAIIINm AJCD ~ 'M:S _ DA'I" OF' _______ """. OTY WJO< CIrY CD' BER1'Oli I1!WiCB lIlBBCtUB'S CZIl!BICAD , HEREBY a:JrQFY tHAT 'DeRE AP.E NO IEl..RZEJfT !PEDaL. AS:!:ESSIIf!Dfl Me lKAT ALl.. ~ ~ a:RTIf1ED 10 n£ OTT 'iREASlRER FrJI: COI..l.ECTJDN (IrI ANY A\tFER'T't HEREIrr' CQNToUED tEIlCAlED FtA S'DE£lS. ~ CIt :mER PU!UC USES ARE PM) II RA.1..... T.os ____ DAY OF 2tOt. f1NAIItE !lRrltlR Jmi& ClO1llnY PI!WiCI! lllVISIDN CZKIIPlCA!!! I feREBY' CER'1F'r' lMAT AU. fIRCFERlY nxES ARE PAm. 1HAT 1HERE ARE NO tE.l..Ml£NT SPEaAI... ~ CER'tAfD TO lJG CFRa: I'm <XI..I..ECtJOII MD. ntAT oW.. SPE'XJAL ~ c::ER1FED to tHIS CFRC£ RJR. CXI..I...EC'1Ji [III Mf"( [J" 1l£ fIRCI'£R1Y HERSN CONTUIED. IElCAlED AS SliEE1S. w.ns OR RlR cmtER PUaI.JC USE AiRE PAm Do!: RI..L 1115 ____ DAY rE 2IJQr.. ItIAIWZR. ~NCCE DMSIlN DE?UTY DBPT. OJ" ASSiS$M8NiS £XAUIIED AIm APPRD\'D) THIS _ :)AY OF 2fd. .... CQ!JNTY AS!aSDR DE?UTY ......... lIIIDIlWll'ili CEKIBICAD =-~_'IEt:ORD_ ..:ks~~z.,~~ ~ \ICUIL---DAY $ P\A=1E=_"."'~=---____ REIDlDS CF DCG CCJ..Dm'. ~. JIY!S(JtoI <F BfXjCI3DS NC) ~ """""'" ~a:~ SUBVI5IOB"B cmmm:&!B 1" SlEPHDI ... SDfiD. IiERE8Y CERDFY tHAT l!5 ?\..AT r::F aeRIE \.ME. IS BASED Oft AW ACtU"'-SlIR\£Y DIll SEC'lI'W 29. ltRM!HP 2.3 NIRTK. R.IrHGE 5 EAST. IUS..... iCI'C CXJ..I(l't' .~ tHAT TI£ ~ (XIli=ISES AIm !JISTAN[ES ARE SHCIIIt aHREClLT HEREDN., TriAl ne. MCJe.a!EJr.S a.L BE £T &,NO tHE. u:rr CCfitERS STAKED CXRE:U..Y ON n£ meum: AICD TdAT I HA\£ rut!...y CD!PlIED .-ni mE COIlE PRtM5DIS OF 1HE PLAl"DKG RflilI.AlDIS. ~~ SUR'<E1tR .,... \... --./ DESIGN IJCBISE NO. 37555 ~ SHEET 1 OF 4 LUA~ um-l~ l~'~~' lr ~j2 ,I ~' .. ~ ...... ~~.,J:' . ~~,~~,.J • DJ'D!3:; 4J'I»1DG iQJI N.E.~nScot 10J _W_9BIlO7 425JJ1J5:flJTT Faa 425.BIl.S.7I>63 STAlE CF WA.SHllG1tl\! ENGINEERING· PLANNING· SUI/VEYING .JOB NO. 03090 CHERIE LANE A PORTION OF 1HE NW 1/4 or 1HE SW 1/4. SEC. 29. TWP. 23 N .• RGE. 5 E.. W ...... an or RENTON. KING COUNn. WASHINGTON NA1'lVB GBIJI"DI PBllll5CtiDN BASBIIBNT THE NA1J\'E GftOWlM PRDlEC'DOH EA5£MBCT (tU'Q (If lRACT A IJENlAES tHE WEtlAIIDS. 1t£ arEAlKW CF lHE ~~::ll£C=~~~~~~~=:::O~ CDITRI:L OF' Sil.JRf"Aa: IrAlER AND ERDSmN. IIIA!NlENANI:E IF SLCFE STAI:BJlY. -.suAL AJIl) A1&U. £I.Jf'HJDNQ. ANI) PIRO'lEI::ID' CF P!....aIfT AJG) ANM\L KA5lTAt. lHE NAlIYE CRDWtH f:IRCJtEClDf EAS9IDlT IYP'C9S IJPON ALL PRE!iENT AND Rm.IiiilE a.cms AND CJCa.IPERS OF' ntE EASBDIT NI£A EJFtRI:DB!.E ON BEJWF CF 1!£ PLBJC BY n£ aTY OF REIIlDN. 1'0 l£A'CE ~ ALl. 1R£ES NCO 01HER ~lDt WlMII 1HE EA.SEMal7 AB£A lHE \DOEtA'DOM wna 1HE IiIGPE MAY tOT BE QIT. PIUED. awERED En' FIl.. RDIEN£D (R DMWiIED tITKCl1T EXPRESS &:J'llEN PERlBSSiDI FRIJW 1HE QTY OF' ftEJIltIIL 'THE RDfT CF DIiR'f GRAJIlED tEREDf SHAU. /IoPPLY 1t) mE .uens. R£JIRESENTA1J\IE AND ElIPI.D'I£ES (F ntE DarERS OR SI..IBSEJlIJERT t:MERS OF' 1l£ UNDER1..11NG "",""""" JIBVEUIPBB"s BI5Sl'WISlHILl! PUB !iGPA Hm'G47m11! PBIlU:Cr 1ME DE\n£FER. tCOT 1ME ta:IIIEDWtER"S A5S0aA1Dl, IS 10 BE RE5PCII!iI£I..[ RR THE INI1lAL tNSTAU.AlJDN. IU.Iif'1DrWIfE ,um aacDrAaI 5 YEARS CF suc::ass:u. 'IIEtl.AND tmlCA.1'JC:W IIII:R'mRtC PURSlJANT 10 RMC iIIND il£ ofrPPROIe) IIEtlNID 1IrnGlA.1Df PlAN. THE tRAICSif5i CF RE!iPCMSIBI.JTY 10 n£ tct:IIElMIBtS ot.SSOCIAlDf SHALl. NOT CXX1.R UN1I.. 'DiE atY CF RENlDN ~ THE DE\a.!FEJt fit BiIC RtQU R.RIHER YMl1DlANCE AND MtMttHNG lPIlN l!£ CDIP\ElIDH CF A. ...... CF fM: S7.JCa:SSRL CONSEaJ'UVE 'I"£ARS CF lItE 1EU.Afm MDMIlt:JRICCi CONSZSlENT W1H "tHE AWe ....., ntE APPRD'EIl IIEJlNI) MOIIII1"CII:IN Nm MADf'1ENAIIRX Pl.AN. PiA1I1ILUUl'/ OF flm.A!ID,/Btlnml ABEA,I!mPB 'tHE USE OF ttAZARDCIJS (R MXIC SlESTNCei .tim ~ ~ FBl1IIJZERS IS AUtBlID .. AM'r AREA ~1ED tin. 15 FEET CF 1HE 'IIED..Mm (R SBISlJ\E ~ EIUFRRS OR SE1BADCS. SiH lHE ~ THJ..T SLOW RELEASE FBnIJZ'iP.S ..... "f 9E PERWmID. COAL IIl!iB IIAZAKD NUrICB l1£ t.DtS alEAlED HEREIN FAlL wr. ... A cx:w. ..aE No\ZARD AREA AS IDEJiIlFIB) BY A ~ eatEs:f AT n£ "DIIE OF lH!S SlEDMSDL Pm:SENCE OF' SUCH A tIAZAim MAT lRItOIGER IGlI;AlIDJI WEASURES AT l1£ 1IiIE CF tHE CCNS'TRUC'tDI. NO S1Rl.JCT1.ES OR aFRD\IDIEJttS 9tAU. OCQ..R ~ tIriIt ttAZARD AREAS. THE DE\£l.CFER NCO AU. fUlURE HCIWEINNERS -.J.. H01J) ll£ alY HARWL£SS FRtW! AllY OMIAIES 0CD.Il:RING FRtIoI UII) ~. SUJ£. c:a.u.PSE OR 0lHER SIII1.AR E\'BnS CA1JSED BY ne: COAl. a.ES IOIODI TO ~ BEJIEA'D-I THE S11E.. ND stRI..ICltRE ..-n-.f 1HIS PLAT 5IW..L BE PERIOT1m to BE CDISlRUC1ED W1HIN 15 FEET OF' TttE HIQH COAl MII£ KAZARD MI£A AS !iHOIf{ HERECN. W!::JDW.-nIlMj 1. ANY NEW HaJSi[ c:::oNS'TRUC1ED "" LOT, SHALL BE IRDf'm) 'IflH J15 RtDI(T YARD TO 1!iE MD!mI ¥m ACCESS TO THE PUiIJC RDfT CF WAY SHAll. ALSO IE TMDI m ntE NCRTH.. 2. lD1S 5. 6, 13 ~ u SHAl..L. (lCLy TAKE ACX:ESS lt) THE PUBLIC RKJiT CE .... y 8'Y WAY CF lHE PRlVAtt oIiICa:sS EASDIENTS AS ~ t£REDN.. 3. 1H!S sm: IS SUB.EJ:T to 'TJ£ 'tERMS ~ CXINIIITIDICS a;: AN E'ASEWDfT FOR ROA,DWA'r AS D6C1DS£D gy fiIStRIAtENT RECaRDED tamER R£CCRDIrIG NO. 7'7D37SJZD. 4.. ntIS sm: rs sua.e:T TO 1HE 1ERUS MID 0DJIIIItDCS CT AN EASElBfT 'TO SODS ateJ( WAlER AND SEllER DSlRICT Fat SNGTARY' SDER us AlCJjtR ~ AS DISCI.lJ!ED BY IiIS'titl.IIDfT RflXRDEI) I.RiDEP. R£IXJRlJIJrC MO. 9I512:ZCID!5C. 5. nas SI1E IS SI..IB£T TO THE lERIIS I.ND ClJNIItIJNS CF AN EASDIBIT TO n£ aTY CF REJfltIf FUR PUB.JC Ul1IJl1ES AS msa..asm BY IIlS1RlJMDlT R£a:RDED l.IIlBt REIXIR!»IS til. Si!I5123Iltr1!. 5. THIS SItE 5 SI.IB.ECT 10 Tt£ i£RMS NeD IXNItDIS CF CASCADE WAtER DISllaCT R£S£I.J1l]IJN NO. 1S3i! ESTAiI..ISHICG iM AJI8IEXAlDrf CXlIeIEt:'1D atARlE AS EISC1..lSD BY MSlitlJWBIT REaIRDED l.:£R REO::HING NO. !I3DCaII!5Il3. 7. nus sm: IS SUB.EI:T TO 1HE lERMS AHD CCINDI1ICICS CF an CF R6fl1JN OFDNAHCE N1AIBER 3190 ESTABl..JSHNQ A SPECIAl. ASSE!SIENT lISli8CT RR WAlER SEiMCE .tim CXJrOIEClDI otARaES AS asa..asED BY INS'liaAfENT R£IDZ[E) u:.m:R P.EJXR:e«; NO. 84tl325Q5[)C. a. lHIS SJtE IS stJB.Erj TO Tt£ lERYS AND COJatJCNS CF A ND'PCE OF 0iARQES BY WA.1EJt. SOlER. ANJ/'tF. SttRW .vm 9JRFACE WAlEJ!: UTI.ITB AS ~ BY I6TR1AI9fT RElXRIED UIGlER REaJRDItg NO. 2DDD1211t1l17t7. a THIS srn. IS 5lJB.EC'T 10 ..... TlERS DGQ..OSED En' RECCJm CF 3.R\£Y RECCIIDED tlND£R REIXRlBG NO. Il0011'''''''''- lWiBIIE!ft' NIJD!:s l1£ ~ CERCWJ ON lHE MAP SHEDS tF lH!S ANAL Pl.A T ARE R:If ntE lMlED PtJRFIIC\!!iCS US1ED 8!ElJJIII' ..., ARE HERmT aJIR£1'ED RI.l.DIMG n£ REaR:aIIG CF lHES ANAl PLAT AS SPEQFIl) AI:XXRDCG 10 tHE RaanfAiDIS US1ED fEl..OIf' l!iE arv £F RDrtDN SHALL. ttA't'£ 1HE RIGHT 10 EWlER lHE PRSVAl[ LRAItWE £ASDIDflS 9t08 HEREDN m REPAIR Nt'( IJERI:JBCtIES CF 1HE tItUWiiE FACIUTY .. tHE aENT Tr£ ~ fS/1If£. NEQJGENT .. 11£ MAMlEJIANCE fT lHE t:aUWE FACaJ'lES. THESE REP4IS 9tAU. BE AT 11£ aaER"S COST. 1. AN EA5EMDlT IS HEREBY RESDnIED. GRAtI1ED MID CIlJf"E'IE) 10 1]£ CTY CF RDI'iDN AND 'DEi": RE!iiPEI:'IM: sua:E:5:SIHS AMI) ASSGNS. l*DER AM) tp(fJ 1H£ ~ tD FEET CF AU. uns AI«) 1RACiS,. PNW.l!L V1H AND ~ EXZSDCG CIt FRIJFIOSa) ACCESS ~y III ..at TO WilSTAU., LAT. CXJiIS'IRIJC't. RENEW. tI'ERA~ ofrM) WAlHTADI ~ DIS'UBJ'RDN S'!5tEJIS WIH tEl:ESSAftY F.tmIDES. SIJEDUCS MID OTrER ~ RR 1H£ FUIPOSE r:E SERWrCG 'DIS ~ Am antER PRDP£RTY. oam Ull.JlY SEJNtE5 AND SIIlEWAlJCS. n:JI£DIER WTH 'DIE fmiHT 10 enm UPON tHE LDlS A.T AU lIlIES Fm 'tHE PURPOSES HEREJN ~ STA1ED. 2-THE 2Q.DD RXJT PMvAlE: Aa:ESS" UlIJlY AND DRMrW;E EASDIBfT SttC:..t CIf LOT 6 IS 10 n£ BEJIiIERT OF lDT 5. ntE a-D!S"CT SAID lDTS 5 AlII) 6 SHALL BE R£SPCIISaLE RR THE ~ CF 'IlEIt R£SPErlJV£ PRlYA1E: U1D.lIY oVID tRMrWE FAIZrnES .ntH SAl) EASDIDlT AM) SHALL 9tARE EIJJAU..Y lHE IriIAIIflDCANCE RE!iPOIISEIU1ES CF 11£ f'RNO\lE ACEIESS FADIJ1ID wmtIII SAID EASBIEJIT. 3. THE 2D.OO RIOT f"ftn(ATE ~ U1DJTY AND rRMfAGE EASEIII9tT S«JWN ON lDT 14 IS TO n£ EiDIERT <F LOT 13. 'DE OMCERS OF s.uo 1D1S 13 AICD 14 SKA.U. &E RESPaISIBl.!: Fm lJ£ ~ rs l}&l RESPECTM" PRWA.1E U1UTY ., t:R.IJNAGE F'ACIJ'IES wrn-SAl) EASEIIDfT MD SKW.. SHARE EXI.W.l.Y THE YA!N1DWUE ~ CF 11£ PRlVAlE AtXESS F"ACU1ES wtlei SAID EASEIIENT. 4.. lifE tDJJD FOOT PRlVAlE tJiWIrWjE ~ 9IOIN (iii LDTS 1. ! '*D 3 IS 10 ne: EI!EJE:RT OF LDlS !!.. 3 AHD 4. 1HE 08ERS elf SA1D BEJ6l1ED LD1S SH.W. BE ~ FtR THE ~ CF neR PiWAlE IJitA8CAIi£ rA.CllJ1IES W'I!GN 5M) EA!iBIENT. 5. l1£ 5.00 RJOT PRNA1E IRAlNAGE £ASEIIENT AND !lAtER £'.ASllEJIT sm.I ON U1T " :s 1'0 'ntE BENEfIT I:F LOT 5. ntE ~ CF $M) EIEJIEFIlED LOT SHALL EE RESPOIISZBl.E RI't ntE WUI'iDWICE. OF tHEIR PRlVAlE tRADCAGE FAaLIlIES .,... SAID EASDEJItt, a 1!£ 10.00 FlXJT PAIVA1£. 0RMIAIiE EASaEJrIT SttCNN ON LDlS 8 AND 9 IS m 'DE BDIERT CF uns 7. a. P AND 10. tHE O8IERS.IF SAm EBEFmD lDlS SNAl.L BE ~ R:R ll£ Y.IMIDUHCE CF lHER PRlVAlE DRADIAGE F.tGUlES IrnD SotiIJ ~. 7. 1HE 10.00 FlXFf BY to.oo FOOT PRrAlE ERAINAtiIE EA.SDIEMT SHOWN Off LDT lS IS '!O tH£ ece:rr CF LOT 1£ tt£ DIIMERS CF $AI) BEJIEmID lDT SHAll. eE R£SPCIISI9lE ~ 1H£ IIAIClBIANCE CF ntElR PRlVAlE CRADUJlE ~ACII.rnES .nee SAm £ASEJmlT. b.. THE PRrvAtE DItMtAGE ~ 9tOIIN (!f LDIS 14 MID 1:5 IS TO l!tE BEJEf1T CF OERIE LANE ~ _ ASSOCIAlDL SAm ASSDCIAlDt IS t£RmY R£SPONSII.E RlR 'THE IfAllfiIJCANl% OF lHE PRlVAl£ DRAIIW:lE i='ACI11IES wntIN $C) ~. .. 1l£ PRIVAtE DftAIiWiE EASBIDlT ~ ON LOTS 5 1HROUQ1 10 IS to 1HE BfJERT Of' OERIE LAllIE HCJYED8tIERS ASSDQA1JCN. SAIl ASSOCIAl'OI IS HEREBY RESPOeiSLE RR 'tHE M.~ CF 1l£ l'RNAlE J:ItAiICAGE FACIlJ'tlES .ncr. 5M) EASDENT. 10. THE 1D.OO FOOT BY 10.00 FOOT F';WAlE _tm £ASaIDrlT 9fo. CIt LDl 12 IS 10 lHE E£trERT CE 1m t1 1)£ OWIIERS CF $AI) BDIER1ED LDT SHALL IE RESPCINSEI.£ '!'tR tHE IIAImlWICE tT tHE:IR PR!VAtE .... lEft FACR.mES WlMII SAID EA!OI!EMT. n. lH£ nUll) FOal f'RrVA'tE ~ EASEIEJrfT SIiD* CIN lDT 14 IS It) 1HE EENERT CF lOT a 11£ CMERS CF SAJD SEJreFna) LD'r SHAll. E£ RESF'OISIBlE FDR tJ£ UMf'IDWC:E CF 1HEIR PRlVAlE SE.1IEJt FACILIlJES WiHII SAm EASEIID/T. 12. 1M EASDIDfT IS HEREBY JrE:SaMD RFI: NIl) ~ TO FUiET SCUCI ENERI:Y CDlPMN. Q1IEST. cc:a«:AST (0lHER PRIVA'E U1IIt£S). NIl 'nElR RESFB:INE SIJaESS[RS MID ASS1IIIS lImER Arm I.IPCIi 1HE PlBVAlE sn:!n{S). IF Afn': AIID tHE EXtERICR to FEr OF oW. uns. lRACtS AN!) SIlaS W1HN 1HE RAT '-~ P.IrItA.UB. 8TH Ale) AD..OtGCil AU. ~ .. ....:If 10 aJrISTRUCi. DF'ERA.1E. YMrIT .... REPAiOt. REPI..Af£ AND EICL.IoItGE lKJERIJtCIUND PIPES, caa.r.s. CIa£S NCO ~ tnH ALl. HEI:ESSARY CIt c:anomcT lK!ERGROUICD (II: ~ APfUI'IBWII:ES UERElD FtIl 11£ AIFCI5E CE S£RWC iH5 S1IE!In!SDI Nfl) 01HER PREFER1Y wtH n£ClRIC. GAS. m.DtCCIE. lB.£\15I!]N AND tmIJTY SEiMCE. ~ .". 1HE RIIiHT m amJi. lFOI THE ~ I.D1S, tRACTS ~ SPAQ;S: AT AU. 1DtIES RP. 1HE PURPOSES HEREJIf SI"lID. NO LJrIES CR 1&£5 RII 'D£ liWISIISSDc t1F B.EClRIC aJRRENT. OR FOR 1El..EPMCINE US£. CA!I.E. 1B-~ FIRE m POJCE: SJCICAl. OR FUR ono PURPOSES. SHAU.. BE Pl.AIE) l.IF"CW AK't lDT UICl.£SS 1HE SIME SHALL IE I.IICIERGRO.KJ Oiii III CXKUT ... nADED to A BA1»CG. 14. 'tHE 2D.DD FOOT SAtnARY SE1IER ~ SHDIII ON 1DT 8 IS HERmY RESER'E) RIR "., CRANlED 10 THE soas alEE]( WA11JI: AND SiE.:K astRICT RR $oUCJT,IIfY S£IIBl fA.aUtES. SAlD 'CA'tER MD SEI!EB: tlISDaCT IS HERmT R£SPDIrCSB.E FOR 1HE auJIf1EIrtAIICE OF SA1D FACIUlB W1HN SAm EASDEMT. I!a. tHE 20.00 RJOT SAlCTARY SEIlER EASEIIENT SH08I ~ lDT 14 IS t£l'i£B'( RESERVED FDR ,.,., GRAN1m TO THE SDQS ~ WAlB! AND !Z:WfJt t51RlCT Fat SAATTNrY SE1IER F'AaUTIES. SAl) .,,'tER NCO !£WR 0IStRICr IS '£R£BY RESPOIcSiBE RR 1HE ~ CF SAm FACIII1JES ~ SAID EA.SBDfT. CORE ~DESIGN SHEET 2 OF 4 WA-m-075-1P um-l~ ~-~~ I.QJ I H.E. 291ft PI. SciM 10J __ 9B007 425.IJ1J57f!77 .... ~ ENGINEERING· PLANNING SUIIVEYING .JOB NO. 03090 t ~ CHERIE LANE " PORliON OF !HE NW 1/4 OF !HE SW 1/4. SEC. 29. TWP. 23 N .• J I _ OTY OF RENTON. KING COUNTY. WASH1NGTON 7 _ ! Ls. 34111 ST~--r-C ~~~::0~:ry~.Er ~ ________________ .J... __ ~ ..... ~~~-_ , ~~ t' .. 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W/IB1DI' f\.G'IE C» SDIFID 'UR: = o FtUIl aRB: -...r AS IIJIEIl. £EJlMX .. tDD.~"3J555"OIII Rl:FBm'tB: asrm 4..13 FED' • lEJ ff RDrT t.Dl' aaos IRESS IG£D ~ ;:~ !l1Y fE B'D smm M.tIi£S5 PEE PRYA'II rI:#IIW:E D5EIDl l-- 27 i", ; ---I---~ i ........ Xl j!; SCALE: 1· = 40' 2D 40 "" ;; I ~ 1 '-. T--.-. "RACT B CORE ~DESIGN 14711 N.E. 29.111'1. s.e. 101 ___ 9S007 425.IJB57ID7 !'ex 425.IlB5.7I'63 ENGINfflllNG • PLANNING· SUIlVfYING .JOB NO. 03090 S. 341H Pl- 16 12 r0- 15 14- TRACi A CHERIE LANE FINAL PLAT 13 11 TRACT A 1 1'6-29 I----T" OVERALL PLAT PLAN PAGE 10Fl cORE \,;; ,/' DESIGN 14711 NE 291ft Place, #101 Bol/oYllO, Wcuhlnglon 98007 425.885.7877 Fax 425.88$.7963 r: N GIN FE R II..J r p U "oJ N I N G· SUR V E YIN G JOB NO. 03090 r , uS 10 " ~ - i 9 - B I-- 7 ) -S. 351H ST. 6 2 3 4-5 V I PLAT OF CEDAR AVE \ VOL._ PG'S __ , REC, NO. ......... N.T.S. ,Ii. I \ 0 \ ','. 1 ., \ ' \ \ \ \ I' . ~ ., . \ . " ' -"\ \ \ I. I' . \ , , ' , , , •• \ \ \ I \ ' \ \'.;. j " \, \.. ,'" \ I .\ , \ \ , '.' ,\ \?' ' ~ .. \ ,\ , :. (' . \,~I , . "'. . \ . , \ ~ .. \ ' , \ ' , , .l. .\ . 1 . , ..... \ ' . . .~. '. ~ \ , ~I '.' t·, . ,', . , : " Kathy Keolker, Mayor , November 27;.2007 Kevin Wyman Mackenzie River Homes 16540 SE 1491h Street Renton, WA 98059 , .j' 'ClTY ~lF <REN'TON . : . ,.·w, . .' . • . , PI~nJ)it)~Bui1ding!Public Work~ ,Departmerif', ',.' Gregg Zimmeriium P.E., Adriiiillstrat9~: ' ... ' .,' ...... "."" . . . '. ~.. Sllb.lectl Receipt of ThifdQuarterlyMainteii:imce and Monitoring Report - Cherie Lime J Final Plat ' ,,' ,City ofRentciri File LUAOS-073 , ,,' Dear Mr., Wyman: . . ~ . . .... , ... . '.' I received' the supplen~ental firs~quarte~ly' maintenance:,~nd'~onitofing report f<?f'the Ghei-ie L~rie, • f ';'.~. r wetland mitigation project on August'24, 2007. ',C;utrently;the'pJ;'ojectappearstobemeeting , performance, standards;,howeverjthere are:twb coricem~::, .. " , ',,' .... , , 1. -It seems quitepos~ible !J1at the, pr9je~t may'pofmeecthe perf6~!na'nce ,standard fora, miT!imum 80% sUfvivaf.6f aJrphintecl'trees:an'd"shrubs'at'tl1e:,end OfYe'ar). Based on ' your wetland biologist's approxirn~tio~'()(a:~O'Yci':~urVivaL r~te,foi\,thewiB9~s and, ' dogwood slips,thi.s prbjecLwotild,i1~~me~tt~~ __ reql.lire~, 80% sUrv!vaL _ Plea~e iilcluqe ;' -itif()rmation,on the -supp1emerjtatplantings tpatWer,e' ihst~lIedj6' Octobei~ __ A.h ,accurate' cOlint of the willows and'd~~00ds'ist~quir~:d}fcir,the' ~oi:irth:qi.ia~~r1ireport" ", . , ) ."., :~ . .' '. , '. '. .... . • '. '. ~ ...' . . .'. , . • ,,"', "''';' ~', • . '. '! -:' ~ . 2. , There,appears to be' confusion' abOlitthe dates: ofmonitoTing'reports~ This·-jettcr" :', , ,. constitutes approval 'of tW~'third ~u~rt~r1)i,ri1c>n'\tofing' repof(;. ihejourthquartefly report is due to the ciiYby Janua1~y'!24; 2008'. ]?le~sesend tw6,c{)pl~s'to:iny attention. ' " .' " '., \. I '.. • .' • CitY staff will inspect the project after the January 24th report ,has been approved; Please -contact, 'mewithanyquescions{425)436~7270., ' ,," ,,- Sinqerely, ~ ." ,-, cc: . . ~. ,-, ',~ , ~': . ';" , " '. " '" . ."t·;.): ,~ .' .... , .. ' " --,--" ,-' -"'----]-'-O-SS-s-o-u-,-th--O-l!l--d-y,':"Ow-ii-y:--',; R'""" e-' ~--io-~.';"" w-a-s--'hi'-ng--io--n--'9~, 8-0-57--'-)'--'-~"""'--'~ , Ia ' -" , ,'" -, 'Ai-IE'A-O 'OF,'TI-Ill CURVE "': '~;ThIS p~'~r';;'ntalns 50% rOOvcioo ';;stkrilil:30% p~si ~ns~mer '" , ' , " " ! : . ~ .... Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: Fourth Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington Dear Mr. Wyman: A1derNW November 26, 2007 Project No. 51103 f..ie:. •• C, : ; ,', :~~/r3~j'1iMG NOV 26 2007 RECEIVe'D In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on October 21, 2007. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13,2005, by AlderNW. General conditions within the mitigation area are illustrated in the attached photographs. Standards of Success The following standards were listed in the Final Wetland Mitigation Plan and Maintenance/Monitoring Plan dated December] 3, 2005 for the project: 1. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May I, measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree species within the wetland creation area and two tree species on the enhanced buffer areas. With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the epd of each of the five years of the monitoring period. 518 North 59th Street, Seattle, Washington 98103· Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman November 26, 2007 Wetland Hydrology There was surface water present within the two wetland creation areas at the time of the monitoring visit on October 21, 2007. The wetland hydrology standard is being met for the project. Vegetatiye Cover Three 50ft sample transects to measure of the level of plant cover over the mitigation area has been established. Results of the % cover sampling are presented on Tables 2A, 2B and 2C. The overall average % shrub cover along the three transects is approximately 33%. This result at the end of the first growing season after installation of the plantings indicates satisfactory growth toward meeting the standard of 80% shrub cover by the end of the 5 year monitoring period. There is minimal growth of Himalayan blackberry on the mitigation area at this time. Plont Survival A count of the surviving plant materials was completed in October, 2007. Results of the count of the plant materials surviving at the end of October, 2007, is presented on Table I. For species other than willow and red osier dogwood, the overall survival rate is approximately 82% (657 on plant schedule/ 538 surviving). TIlis survival rate meets the survival standard of 80%. A full count of the surviving willow and red osier slips was not conducted due to the larger number of individuals involved. Based on a count of surviving individuals within a smaller sample area. the survival rate for the willow and red osier dogwood slips was approximately 60% at the end of May, 2007. There is evidence of natural regeneration of willows where survival has been low. Supplemental plantings of willow and red osier dogwood were made after the site visit in October, 2007. Plant materials appeared to be in good condition and have put on new growth since the previous monitoring visit. Recommendations Other than continuing periodic maintenance to remove trash as it may appear on the area. no additional work is required at this time. It should be anticipated that continuing work to control Himalayan blackberry will be required as indicated in the original mitigation plan for the project. The next monitoring inspection for the project is scheduled to be conducted during the month of, June, 2008. lfyou have any questions or require additional information, please call. Sincerely yours, J ERNW ~-:;?(jI)lo~~ _ aret P. Munger ." ~. cr '"""- Enclosures: Photos of Mitigation Area (October, 2007) Table 1 Count of Surviving Plants Tables 2 A,B,and C Plant Cover Transects Project No. 51103 Page No.2 SYMBOL Ce BLM Pw Willow OSler snow rose Ap Nb Prose TABLE 1 CHERIE LANE COUNT OF SURVIVING PLANTS (Oct, 2007) SCIENTIFIC NAME COMMON NAME QUANTITY Thuja plicata Western Red Cedar (33) 23 Acer macrophyJlum Big leaf maple (3) 2 Salix lasiandra Pacific willow (26) Salix silchensis Sitka willow (288) Comus stolonifera Red-osier dogwood (416) Symphoricarpos alba Snowberry (261) 233 Rosa gymnocarpa Wood rose (224) 198 Pyrusjusca Crab apple (13) 8 Physocarpus capitatus Pacific ninebark (59) 32 Rosa pisocarpa Pea-fruited rose (64) 42 (70%) (66%) (89%) (88%) (62%) (54%) (66%) Number in parentheses is quantity on original plant schedule, bold figures indicate number surviving and percent survival. Overall Survival rate for planted trees and shrubs other than willows and red osier dogwood is 538/657 = 82% TABLE2A TRANSECT DATA October 21, 2007 Transect ## 1 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 40 15 (I) 0 Cottonwood seedlings 5-10 40 20(1) + 10-15 35 25 (2) 10 15-20 40 40(2) 10 Cottonwood seedlings 20-25 30 40(2) + 25-30 50 35(2) 5 30-35 30 20 (2) 10 35-40 50 40 (2) 0 20 (3) 40-45 30 40(3) 0 45-50 30 40 (1) + Average 38 33 4 Cover % Notes: ( ) Identification of plant species along transect. (1) Snow berry (2) wild rose (3) Salmonberry (4) Himalayan Blackberry + Himalayan blackberry present at less than 10% TABLE2B TRANSECT DATA October 2], 2007 Transect # 2 Distance Herbaceous Woody cover Non native Other Along ground cover (native) shrubs Transect (% cover) (% cover) (% cover) (fcet) 0-5 70 30 (1) 0 20(2) 5-10 60 60(2) 0 10-]5 40 50 (2) 0 15-20 30 20(2) 0 20-25 50 30(1) 0 20(2) 25-30 30 60(1) 0 30-35 30 30 (1) 0 35-40 40 30 (1) 0 20 (3) 40-45 30 50(1) 0 45-50 70 30 (2) 0 Average 45 41 0 Cover % Notes: ( ) Identification of plant species along transect. (1) Snow berry (2) wild rose (3) Salmonberry + Himalayan blackberry present at less than J 0% TABLE1C TRANSECT DATA October, 2007 Transect # 3 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) {feet} 0-5 30 40 (2) 0 Oregon Ash seedlings 5-10 40 10 0 Cottonwood and Ash seedlings 10-15 20 30 (2) 0 Cottonwood and 10(4) Ash seedlings 15-20 40 20(2) 0 Cottonwood 20 (4) saplings 20-25 30 20(2) 0 Oregon Ash seedlings 25-30 40 30(2) 25(5) Cottonwood and Ash seedlings 30-35 30 30 (2) 0 Oregon Ash seedlings 35-40 30 30 (2) 15(5) Oregon Ash seedlings 40-45 30 40(2) 20(5) Oregon Ash seedlings 45-50 30 0 Average 32 26 6 Cover % Notes: ( ) Identification of plant species along transect. (I) Snow berry (2) wild rose (3) Salmonberry (4) western red cedar (5) Himalayan blackberry + Himalayan blackberry present at less than 10% Photo 1 October 21, 2007 Cherie Lane View looking west showing butTer restoration north side of South 35th Street. Photo 2 October 21, 2007 Cherie Lane Wetland Mitigation View looking south across north side ofNGPA Tract. Photo 3 October 21, 2007 Cherie Lane Wetland Mitigation View looking west along south side of South 34th Place. Photo 4 October 21, 2007 Cherie Lane Wetland Mitigation View looking west south across mitigation area southwest comer of project. Photo 5 October 21, 2007 Cherie Lane Wetland Mitigation View looking nortJleast across main body of mitigation area toward houses on Lots 13 and 14. , " • .' J: : ' • '.,' i.. " ", · " .: ~, ~ '. ~ ... .,", '\' '. , CITY",~~F :~:ENTON Kathy Keolker. Mayor PlanningiBuildirig(Publi~Wor~s Departm~nt '. , , , ' 'G.reggZinhnermar(P :E.,:Administrator ' , 'November 2,2007 , Kevin Wyrnqn , Mackenzie River. J-jomes, 16540,8E 149 tl1 Street Renton, WA 98059 '" Sub.leCt: , Request for'Thircl Quarterly Milintenancc and'Monitor.lngRc~port. ' Cherie Lane, I Fihal Plat C9.-ty_oCRenfQn£Ue~U~05:07t------'>7 ' -------., pear Mr. Wyman: ',r, "This letter is to inforin you, t1,lat th~ tliird quartei"ly.'mairiten~l1ce and monitoril1g,JepPrt for the: Cherie Lane I wetland mitigptiori;'p:ojecr was ,du,e :to, ,Q1e,'Cit)f,of,'Renton on Octpber. 24, 2007 .. " Please submi f. two hard'copies of the,report to my' ,at'tention by,NdYember '19;2007 :" ,,' " . ~' " . . '''':, .: .' ,.' . ' . . :" , • ' , ~ ;,,: I, I ' , • { If you have any questions, p1eas~, fTee to,co~tacrme, at (~25) 430-7270, • ' I, (:'",', ' ' • • :. ;'.: ./' , :. ~ ':' J ' •• . ,~ .:! " ""','. " Andre'a~ Petzel;Phlnner • • J ' ••••• " .. : '.' I": , Development Services Division" . . . . .: . . ;'.' , , , 'c~' ::-'''', , .. '\' :. ,', ,~ ;, ' . cc: " , 'Cityo'fRcititon File Ni:I.JJjAo5~07J. ' Paul Baker, Cpde Compliance IryspectQr' , , :G~r~t Munger, Al~c.rNW , , ' .' " " " '.::" ... , ' , " .' ',' " '\' ! .•... '.~ . ",' ''( "J, ; ',': ' , ". = '. ", '.,' ,'.:", , : '.,', ' ,:' " , ", , . ':," ,".' .. ~." ~~--~~1-M-5-:S-~-ili-~-~-d-J-'W-,,~-Y-~.~R-~-~~'~-,W-M-hl~~~~~-b~:'9-8-M-7~~,-.,~~-~-·,R~~N~T6i,~~: ' , ,,~, ,',', , " ' ':, ' ':: ' AH:RA'D OP',Ti'IR, C;UR\'i! , ,,\%I' This paper contains 50% ~~Ied' niatei1~I: 30% ~t ~onsumer . ,."',', I ••• '. ', .. : .:: ..... :. I •• . "." " ..... 'Plaiiniilg/Building/PublicWorks Dep~rtment , . , . Grcgg,~imnicrman'P.E.,Admini!itrator' , , (, Katryy'Kc,olkcr; Mayor";' " , August 24;'2007 , KeVin W~n'pri ' , M(\6kenzi~.RiverHomes ' 16540 SE 1491h Street Renton, WA 98059 ' '. " .... , " . I Subject: ' , Receipt of'S,ccondQuarferly'Mainten,ance arid Monitoring Report Supplemei1t~Unformation' ' " ' . ,Cher~e' Latle FFiiipl :Plat-' City of Re,ntonFi,le LUA05'·073· ,,' , , .'~De'ar Mr:Wyman: ',' , ' T recei \(ed the supplemental fir~(q~~;ierly 11laint~nan¢e rind~~6ijjtoring' report for;the Cherie La~e',' " r wetlandrnitigati6n proje6't on'/\.ugtlst24;,2007!' ,'The project appears to be'meetingperforinance" , " .. ,' .. ' , "\" .. ' .',.. " .' " standard~;, I,lookforWard tcrreceiYing:the J11irdquarterly teport;by October 24, 2007, ;, ' . , , ' .• ',1 •• I.", :." • "...... , • • • ';, I .. : • • ~ , " "". ' . ..... : .. ' .... , ... '. ~ :,: " . Andrea Petzel; ,Ian, ,., " . 'I)e'veJopment 'Services, Divisioh/;:"i ",' . ~'. .' ... • 'i." CCl , City of Rent~~ FlIe:No: LUA05~071,":" " Garct Mu~ger, MderNW. " 1 • .; .. ", ''': ','." ' ::, ... .. ~- .. ,' , ; ,.., , , " " .. ' " • z·.· .',. ".' " I , ' , :' '. " .~. !.' ', ..... " ' ,'\ .. , ' , . '. .' . " , , , , ;, /',. '\'. Mr. Kevin M. Wyman Mackenzie River Homes Renton, WashingtOn Subject: Second Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington L-,ut-~:":;'6 r3 Dear Mr. Wyman: AlderNW July 26. 2007 Project No. 51103 DEVELOPMENT PLANNING CITY OF REmON AUG 2 2 2007 RECEIVED In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on July 23. 2007. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan. dated December 13, 2005. by AldcrNW. General conditions within the mitigation area are illustrated in the attached photographs. Standards pf Success The following standards were listed in the Final Wetland Mitigation Plan and Maintenance/Monitoring Plan dated December 13, 2005 fur the project: 1. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover. as defined in Item 1. Weedy and invasive species. such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1. measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree species within the wetland creation area and two tree species on the enhanced buffer areas. 518 North 59th Street. Seattle. Washington 98103-Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman July 26, 2007 With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the end of each of the five years of the monitoring period. Wetland Hvdrology There was surface water present within the two wetland creation areas at the time of the monitoring visit on July 23,2007. The wetland hydrology standard is being met for the project. Vegetptive Cgver Three 50ft sample transects to measure of the level of plant cover over the mitigation area has been established. Results of the % cover sampling are presented on Tables 2A, 2B and 2e. The overall average % cover along the three transects is approximately 31 %. This result at the middle of the first growing season after installation of the plantings indicates satisfactory growth toward meeting the standard of 80% shrub cover by the end of the 5 year monitoring period. There is minimal growth of Himalayan blackberry on the mitigation area at this time. Plant Survival A count of the surviving plant materials was completed in May, 2007, and reported in the First Quarterly Monitoring Report dated May 29, 2007. As noted at that time, another count will be made at the time of the next monitoring visit in September, 2007. Results of that count will be used to assess the requirements for replanting to be completed prior to the scheduled monitoring visit in December, 2007. Plant materials appeared to be in good condition and have put on new growth since the previous monitoring visit. Recommendations Other than continuing periodic maintenance to remove trash as it may appear on the area, no additional work is required at this time. It should be anticipated that continuing work to control Himalayan blackberry will be required as indicated in the original mitigation plan for the project. At the time of this monitoring visit there was minimal growth of Himalayan blackberry. However it does grow quickly and in accordance with maintenance recommendations in the mitigation the area should be visited in late August to cut any blackberry which has sprouted on the area. The next monitoring inspection for the project is scheduled to be conducted during the month of September, 2007. At the time of this monitoring visit in July, 2007, the mitigation area is meeting the applicable standards of success. If you have any questions or require additional information, please call. Sincerely yours, AIfERNW ~~~~ Project No. 51103 Page No.2 TABLE1A TRANSECT DATA July 23, 2007 Transect # 1 Distance Herbaceous Woody cover Non native Other Along groundtover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 30 10 (1) 0 Cottonwood seedlings 5-10 20 20(1) 0 )0·15 20 20 (2) + 15-20 20 40(2) 0 Cottonwood seedlings 20-25 30 40(2) 0 25-30 30 30(2) + 30-35 30 20 (2) + 3540 30 30 (2) 0 20 (3) 4045 30 40(3) 0 45·50 20 40 (1) + Average 26 31 + Cover % Notes: ( ) Identification of plant species along transect. (1) Snow berry (2) wild rose (3) Salmonberry + Himalayan blackberry present at less than ] 0% L TABLE2B TRANSECT DATA July 23, 2007 Tran8ed#2 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 60 20 (1) 0 20(2) 5-10 50 60(2) 0 10·15 20 40 (2) 0 15-20 30 10(2) 0 20-25 30 30(1) 0 20(2) 25-30 30 60(1) 0 30-35 30 30 (1) 0 3540 40 30 (1) 0 20 (3) 4045 30 40(1) 0 45-50 50 20 (2) 0 Average 31 40 0 Cover % Notes: ( ) ldentification of plant species along transect. ( 1) Snow berry (2) wild rose (3) Salmonberry + Himalayan blackberry present at less than 10% TABLE2C TRANSECT DATA July 23, 2007 Transect # 3 Distance Herbaceous Woody cover Non native Other Along groundcover (notive) shrubs Transect (% cover) (% cover) (% cover) (feet} 0-5 20 30 (2) 0 Oregon Ash seedlings 5-10 20 0 Cottonwood and Ash seedlings 10-15 20 20 (2) 0 Cottonwood and 10(4) Ash seedlings 15-20 30 20(2) 0 Cottonwood 20 (4) saplings 20-25 30 20(2) 0 Oregon Ash seedlings 25-30 30 20(2) 10(5) Cottonwood and Ash seedlings 30-35 30 30 (2) 0 Oregon Ash seedlings 35-40 30 30 (2) + Oregon Ash seedlings 40-45 30 30(2) + Oregon Ash seedlings 45-50 10 0 Average 25 23 + Cover % Notes: ( ) Identification of plant species along transect. (I) Snow berry (2) wild rose (3) Salmonberry (4) western red cedar (5) Himalayan blackberry + Himalayan blackberry present at less than 10% \ .'; " ' .J, ' "1,,' '.' .', . . ", " :"," , .... ". ~,~ ,~ITY_ RENTON' . -.' . , Kathy Keolker, Mayor ' Planning/BuildipglPubljcWorks Depalti;n~nt ' , Gregg ZIDimcrmim P;E.~ Admhllstrator ' I ' .'. " , :August, 10; 200.7 ","Ke'vinWyman, , Macketi~ie'Riyer Homes. 16540 SE :149t1i Street ' R-~nton,'\v A 98059 , SubjeCt;. ,Rec~ip.t '~f'Sc~ond Qudrterly:Mainten~nceand Monitoring Report' ' Cherie Latle'lFinafPlat " city of Renton FiJe,LUA05 .. 073 . Dear Mr" Wym,an:, ' .,' ,'ireceived the first q~arterJy"mailltenance and monitOring report' for the Cherie Lane I wetfand 'mitigati,?n proje,cton Jl;Ily 2:7,2007; The prqject ~ppf!~rs to be:~~eting·performan6~ standards. However. the,report refereilc.es .~'TabJes 2A; :iE, and' 2C'?'which: were'nqt iJ.1c,lud~d'. 'Ple~se'send the,informationt6, me by August 24.: fln~,; therepQrt win·be'corisidered'·in:compJ iance with, .established I)erformance standar,ds;:' , " . I,t "', ., "'~, I I. • ' -, ", ',.':,,' ,r··":" .. · ,;.~ " : .. ;,. ., .' . , ,~ . "......: ,:';'.·f ; Andj·ea:;Petzel,: Phlnnei . " ;.'. .' ." .. ~:~:;.~' ~.~'). , '.: .." ", ~ . ' ~. . ',' " , D~velopme~i S'ervices Diyis10n' ", ,t " • , ~ ~ J . '. " " .' :'\.'., ," ,,' ", .;)1' ,,. ,., . " "'!, '," '. ,."'. \', . ~ '. '. , '. / ," '. '. \ ... .,1, '; •• , .... , , ' '. . . cc; :' ,..,' "f' "" • ':P' . ' 'J,; • @j'tr-of:R'e;'t~n~pii~tNd:J:'~K!1:~'..?'" . . Pa\ll-Baker, Code,Corriplial)cC'inspect'Q, , ·Ga:nit'Mu~g~r;.'Ai~~rNW ,"".: .: . .>. :':" . ~. ", '.,' . .' .. , .~", .. =':' ' ;.: .' .. " " ''\!. ,. .' . ~ ': ' .. " .i " .('-;', ...... :~' " . .,' ~, . .. , v,_ .• ' •. .' . ~' '.', .~ .:.: . , . . I, '.~, "., • . .,! '~ . ..' •• " ~ 'I ~ " .:" " .. ' '.-" :' " , , ,." . ,. ': .' . " :" :' ...... . . ' ':' .~: . " .' "~ .' . ", . , , . , .. , " : .1 •• ,.' .,. . ~~,~·-~.~"~-~~-,-!O~J-5-'~~.~-U-ili-G-·r-~-y-~~1~~-h~~R~~-:ri~~-n~~-w-a-~-ti-q-t-:-~-~-M~5~7~~-... ~.-~~-~.~,~.-.. ~.-.-••• ~ •. l " ' " ' \:I:f" I h B paper cOntains 50% recycled m~teriat, 30% post consum~r' ". ' Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington • Subject: Second Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington Dear Mr. Wyman: • AlderNW July 26, 2007 Project No. 51103 In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on July 23, 2007. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13, 2005, by AlderNW. General conditions within the mitigation area are illustrated in the attached photographs. Standards of Success The following standards were listed in the Final Wetland Mitigation Plan and MaintenancelMonitoring Plan dated December 13, 2005 for the project: 1. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, such as reed catU1l)'grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree spccies within the wetland creation area and two tree species on the enhanced buffer areas. 518 North 59th Street, Seattle, Washington 98103· Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman July 26, 2007 • • With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the end of each of the five years of the monitoring period. Wetland Hydrology There was surface water present within the two wetland creation areas at the time of the monitoring visit on July 23,2007. The wetland hydrology standard is being met for the project. Vegetative Coyer Three 50ft sample transects to measure of the level of plant cover over the mitigation area has been established. Results of the % cover sampling are presented on Tables 2A, 2B and 2e. The overall average % cover along the three transects is approximately 31 %. This result at the middle of the first growing season after installation of the plantings indicates satisfactory growth toward meeting the standard of 80% shrub cover by the end of the 5 year monitoring period. There is minimal growth of Himalayan blackberry on the mitigation area at this time. Plant Surviyal A count of the surviving plant materials was completed in May, 2007, and reported in the First Quarterly Monitoring Report dated May 29, 2007. As noted at that time, another count will be made at the time of the next monitoring visit in September, 2007. Results of that count will be used to assess the requirements for replanting to be completed prior to the scheduled monitoring visit in December, 2007. Plant materials appeared to be in good condition and have put on new growth since the previous monitoring visit. Recommendations Other than continuing periodic maintenance to remove trash as it may appear on the area, no additional work is required at this time. It should be anticipated that continuing work to control Himalayan blackberry will be required as indicated in the original mitigation plan for the project. At the time of this monitoring visit there was minimal growth of Himalayan blackberry. However it does grow quickly and in accordance with maintenance recommendations in the mitigation the area should be visited in late August to cut any blackberry which has sprouted on the area. The next monitoring inspection for the project is scheduled to be conducted during the month of September, 2007. At the time of this monitoring visit in July, 2007, the mitigation area is meeting the applicable standards of success. lfyou have any questions or require additional information, please call. Sincerely yours, AIfE:;p ~tP. Munger Project No. 51103 Page No. 2 Photo I July 23, 2007 Cherie Lane Wetland Mitigation View looking west showing buffer restomtion north side of South 35th Street. • Photo 2 July 23, 2007 Cherie Lane Wetland Mitigation • View looking south across north side of NGPA Tmct • Photo 3 July 23, 2007 • Cherie Lane Wetland Mitigation View looking west along south side of South 34th Place. .. ' • Photo 4 July 23,2007 Cherie Lane Wetland Mitigation • View looking west across mitigation area on southwest comer of project. ,. .. WETLAND MITIGATIONIBUFFER ENHANCEMENT and MAINTENANCE! MONITORING PLAN . fI Y1uclG~ '2 GG(JI~) 'Of ~ 04.tstmp CHERIE LANE NORTH Project No. 20104a Prepared for: Mr. Scott Mitchell Mitchell Fine Homes 3819 S. 380th Street Auburn, Washington 98001 Prepared By: AlderNW 518 North 59th Street Seattle, WA. 98103 206·783-1036 . email AldrrNw@comC~~~.net . . }J~\?'~. . June 8,,2007 ''.~~- This Report is to accompany Sheets 1-3 of the Wetland MitigationlBufferEnhancement and MaintenanceIMonitoring Plan set. WETLAND MITIGATION/ BUFFER ENHNACEMENT DESIGN, AND MAINTENANCEIMONITORING PLAN ' CHERIE LANE NORTH INTRODUcnON This Wetland MitigationlBuffer Enhancement Design and Monitoring'Plan, as presented on Sheets l'to 3 is designed, to satisfY mitigation requirements for indirect impacts to the site wetlands and to, provide for bUffer enhancement to satisfY requirements for buffer averaging. This plan is based on the Wetland EvaluationlBuffer Averaging Plan Concept report by AlderNW, dated June 7, 2006. That report described the existing site conditions and presented a ,conceptual mitigation plan for the project It was revieWed and accepted by City of Rento~ Staff in their review of ' preliminary permit applications. It was also reviewed and given appro~, by the Hearing Examiner. There have been minor changes in the project design as the project design has been refined. The accompanying report dated December 11, 2006, provides additional detail regarding the project and the mitigation design concept. GENERAL SITE CONDITIONS The subject property is an approximately 3.4 acre property located in the 3400 block of Wells Avenue South in the City of Renton. At present the property is undeveloped. The unopened South 34th Street right-of-way runs through the middle of the property. The area included within the project includes two parcels; parcel #2923059188 (1.8 acre), on the north side of the south 341h Street nght-of-way, and parcel#2923059040(1.2 acre) on the south side of the right-of-way. The South 341h Street right-Of-way (.4 ,acre) runs between the two parcels and will remain as city owned right-of-way. ' The site in its undeveloped conditions is occupied by a mixedconifer-deciduous forest stand of composed of mostly deciduous trees. Oregon ash (Frtixinus lati/olia), red alder (Alnus rubra) black cottonwood (POpUlus balsamifera), and big leafmaple (Acer macrophyllum) are,the common deciduous trees species on the property. Western red cedar (Thuja plicata) is the cornmon conifer tree present on'llie property. Salmonberry (Rubus spectabilis), snowberry (Symphoricarpos alba), hazelnut (Corylus comuta), and Himalayan blackberry (Rubus discolor) are common shrub, species present. There are existing sanitary sewer and storm drain pipes following the alignment of the South 34th Street right-of- way. These pipe lines were installed sometime after 1996. Construction of the pipelines resulted in disturbance to ,the site in an approximately 30ft wide strip, in an east west orientation through the property following the South 341h Street right-of-way. There are three wetland areas on the property. Wetland A, with an area of approximately 6,230sq,ft., is located across the east end of the property. Wetland B is a small area of less than 1,OOOsq.ft, near the south property line and west of the south end of Wetland A. Wetland C'with an area of approximately 25,OOOsq.fhs the largest of the site wetlands. Each of the site wetlands is an isolated area with no defined surface inlet or outlet. Wetland A is an isolated wetland located on the east end of the property. Vegetation within the wetland includes an overstory of black cottonwood and western red cedar trees. Understory, shrub species include salmonberry, Himalayan blackberry, and red osier dogwood (Comus stolonifera). RCecl canarygrass (Pha/aris arundinacea), soft rush (Juncus effosus), and creeping buttercup (Ranunculus repens) are herbaceous species within the wetland. . v ,. . Using the U. S. Fish and Wildlife Service wetland classification system (Cowardin et aI., 1979), the wetland is designated as a palustrine forest wetland habitat. ' This wetland has been designated as a City of Renton Category 2 wetland. The standard buffer for a category 2 ' wetland in the City of Renton is 50ft. Wetland B is a very small isolated wetland of approximately 840sq.ft, l6cated along the south property line. It is situated within a shallow depression with no defined inlet or outlet. Vegetation within the wetland includes black cottonwood and Oregon ash forming a canopy over the wetland, with red osier dogwood and Himalayan blackberry as shrub cover. Herbaceous species present include reed canarygrass (Phalaris arundinacea) and other grasses, soft rush (Juncus effusus), and creeping buttercup (Ranuncu/us repens). Using the, U. S. Fish and Wildlife Service wetland classification system (Cowardin et at., 1979), the wetland, is designated as a palustrine scrub-shrub wetland habitat. TIlis wetland has been designated as a City of Renton Category 3 wetland. As a small isolated wetland, of less than 2,200sq.ft., it can be filled, if mitigation is proVided. Wetland C is the largest of the site wetlands, having an area of approximately 25,OOOsq.ft. It is located on the northwest comer of the property. , Vegetation within the wetland includes Oregon ash, black cottonwood and some western red cedar trees. Understory shrub vegetation includes Himalayan blackberry, snowberry and, salmonberry. Herbaceous vegetation includes reed canary grass and soft rush anlong other species. Using the U. S. Fish and Wildlife Service wetland classification system (Cowardin et al., 1979), the wetland is designated as a palustrine forest wetland habitat. This wetland has been designated as a City of Renton Category 2 wetland. The standard buffer for a category 2 wetland in the City of Renton is 50ft. PROPOSED DEVELOPMENT -WETLAND IMPACTS It is proposed to develop the approximately 3.4 acre property for construction of a 6 lot residential development. Access to the project will be provided from South 34th Place which bas been partially completed along the south property line as part of the Cherie Lane project. The six lots are being constructed on the southern 1.2 acre parcel. No new construction is being proposed for the parcel on the north side of the South 34th Street right-of-way. With the exception of the small isolated Wetland B, the site wetlands will be set aside from development within sensitive Area tract A. The project win not result in clirect impacts to the preserved site wetlands. There are two locations where new construction will extend to within less than 25~ of the wetland boundary. These include construction of the sidewalk along the north side of South 34th Place, where it will cross the south end o{Sensitive Area Tract A. Approximately 40sq.ft. of Wetland A extends to within 25ft of the sidewalk construction. This area of wetland is being treated as an indirect impact for which mitigation is being provided. The second area where there will be new construction within 25ft of the wetland boundary, is at the southwest corner of Wetland C where a new water line will be extended north along the west property line to provide future connection for any new developments to the wt:st. Approximately 240sq.ft of the western tip of Wetland C will be indirectly impacted by the water line construction. Mitigation is being provided for this indirect impact. . . WETLAND MITIGATION REQUIREMENTS , ' Where, there is no feasible development alternative whereby wetland 'and buffer impacts can be avoided, and where ' impacts to the wetland and buffers are minimized to the extent possible, the City of Renton 'Critical Regulations allow wetland and buffer impacts if there is cOmpensation for any pennanent wetland or buffer impacts (4-3~5-M8). ne City of ' Renton requires that ''The overall goal of any compensatory project shall be no net loss of wetland function and ,acreaSe and to strive for a net resource gain in wetlands over present conditions. The concept of "no net loss" means to create, restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function.;' , The Critical Area Regulations provide guidance for determiIling appropriate compensatory mitigation ratios to meet the mitigation goals. Mitigation can be provided by creation of new wetland or by 'a combination of wetland creation and enhancement of an existing wetland. The standard mitigation ratio for impacts to Category 2 forested wetlands is 3 : 1 (Wetland Area Created: Wetland Area Impacted). This ratio can be adjusted where a combination of wetland creation and wetland enhancement is, proposed. If a combination of creation and enhancement is to be used; the mitigation shall include wetland creation at a minimuql ratio of 1.5 : 1 and wetland enhancement at a ratio of 2 : 1. For this project approximately 450sq.ft. of new wetland will be created and approximately 600sq.ft. of existing wetland Will be enhanced. This satisfies the mitigation requirement to create new wetland at a ratio of 1.5 : 1 (450sq.ft. wetland created : 300sq.ft indirect wetl.md impact) and enhancement at a ratio of2 : 1 (600sq.ft wetland . ' enhanced: 300sq.ft indirect wetl~d impact). New wetland area Wilt' be created by excavating to match the grade of the adjacent wetland to allow overflow from the wetland into the mitigation area. The shallow excavation will lower surface grades to reach the near surface shallow water table over the site. . Enhancement of the existing wetland will be carried out by making plantings of native trees and shrubs to accelerate the establishment of native scrub-shrub habitat on sections of wetland where there has been disturbance and there is sparse native shrub and tree growth. ' Enhancement will also involv~ work to ~ntrol the growth of non native invasive species on the area designated as the mitigation area. GOALS AND OBJECTIVES Wetland Mitigation (Enhancement and Creation) With implementation of the proposed mitigation design concept, the wetland functions indir~ctly impacted by the side~alk and. waterline construction will be mitigated by creation of 450sq.ft of new wetland and by enhancing approximately 600sq.ft of existing disturbed wetland area. TI1e wetland mitigation design involves three general objectives: 1. Establish new scrub-shrub wetland habitat which mimics native wetland plant communities , on a minimum of 450sq.ft. of created wetland area. The, created wetland habitat will have a minimum of two wetland shrub species and one wetland tree species. \.-1 j. 2. Control the growth of invasive plants, including Himalayan blackberry and Scot's .broom on the areas included in the mitigation plan. 3. Enhance 600sq.ft of the existing wetland to establish native scrub~shrub habitat having a minimum of four native shrub species and two native tree species. Enhancement will be accomplished with new plantings of native trees and shrubs and by controlling the growth of Himalayan blackberry on the enhancement area. Wetland HydrologylWater Regime The area designated for the wetland creation will be hydrologically supported by natural drainage from the existing wetland. In addition, the proposed grading for wetland creation will intercept the shallow perched water table which is present across the site to create wetland hydrological conditions. The hydrological objective of the mitigation design is to maintain saturated soils to within 12 inches of the surface" within the wetland creation area at least until May I of each year. Goals and Objectives Buffer Enhancement The general design intent of Buffer Enhancement design is to control the growth of non native invasive shrub species including Himalayan blackberry, and to increase the density of native trees and shrubs within the area included in the planting plan. The buffer enhancement plan involves three objectives: 1. Control the growth of invasive shrubs, including Himalayan blackberry and Scot's broom (Cytlsus· scoparius). I 2. Increase the overall cover of native trees and shrubs. 3. Increase the native plant species diversity. WETLAND MITIGATION BUFFER ENHANCEMENT MONITORING Standards of Success-Wetland Creation A determination ofthe success in achieving the wetland mitigation goals and objectives will be based on the following stanpards: i I: A minimum SO-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the minimum five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the minimum five years of the monitoring period. This survival rate is established as a goal and may be adjusted' where natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover by invasive weedy species at. the end of each growing season during the five year monitoring period. 4. . Creation and maintenance of a minimum of l,050sq.ft of scrub-shrub wetland combined between the wetland creation and wetland enhancement areas. The wetland creation area shall have a minimum of three native scrub- shrub species within the wetland mitigation area. . 5. A water table within 12 inches of the surface through May 1 or each monitoring year. Standards of Success-Buffer Enhancement A determination of the success in achieving the buffer enhancement goals and objectives will be based on the . following standards 1. A minimum 80-percen{average native vegetative cover of trees and shrubs at the end of the minimum five year monitoring period. Plant species composition shall meet the intent of the mitigation goals. 2. lOa-percent sutvival of planted trees and shrubs at the end of the first year after completion of mitigation work. 3. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the minimum five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defiped in Item 1. Weedy and invasive species, such as reed canarygrass and Himalayan blackbeTry, will not be considered suitable substitutes for the planted species. . . 4. Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. 5. A 'minimum of four native shrub species and two native trees sp~ies within the Buffer Enhancement area. These standards are to be met within the area included in the buffer enhancement and mitigation' planting area, covering approximately 32,660sq.ft. Sampling Methods Vegetative cover will be sampled by measurements along 50-foot long permanently established transects. Dara to be collected on these transects include surviving plant numbers and aerial coverage by species. These transects will be located to provide adequate sampling of the different vegetation zones in the mitigation area. A minimum of three . .r--_. __ ._ ...... __ .. _. transects will be established to sample the buffer and wetland mitigation areas. Permanent stakes will identify the enapoinlS OIeach'transect;--.. -_._-'--. In addition to the sampletransects, permanent photo points will be established from which the mitigation area Can be photographed. These photos will provide a pictorial record of the development of the area over time and will be used to supplement the quantitative sample transects. Water levels w.ithin the created wetland will be monitored using a shallow monitoring well installed \\~thin the wetland creation area. One monitoring well will be installed.in the creation area. , \ . __ 'r' '-, ..... - Monitoring Schedule The project biologist shall provide construction inspection services during implementation of the mitigation plan to ensure that mitigation design objectives are being met.· It is important truij wetland biologist provide observation and consultation services when work is underway within mitigation areas. This is to assure that the mitigation design is being appropriately interpreted and to be available to provide consultation and ri1ake adjustments in the event changed conditions are encountered and to identify the specific limits of work. . An initial report describing the as-built conditions will be prepared for submittal to City of Renton when construction work has been completed. This report will be prepared upon comp,etion of the plantings for the project and will identify the work completed and document the baseline conditions for defining the success of the project in subsequent monitoring reports. Following completion of the project the mitigation areas will be monitored on the following schedule. 1. 2. 3. 4. 5. As-built monitoring to be completed within 30 days after completion. Mitigation grading and plant materials have been installed. Quarterly during the first year after installation of the plant materials. During June or July of the second, third, fourth and fifth years after instal1ation. Final inspection of the mitigation project, five years after the mitigation plantings were installed and the mitigation work accepted as complete. Hydrologic monitoring of the mitigation areas will be done five times (approximately 14 day intervals) between March 1 and May I during the each of the five years of the monitoring period. The wetland biologist will monitor the project on the above schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These . reports will be submitted to City of Renton within three weeks of completing each monitoring visit. The wetland biologist will prepare a final report at the end of the minimum five year monitoring period to be submitted within thirty days of completing the final mitigation inspection. This final report wiu address the success of the project in meeting the project objectives. First Year Quarterly Monitoring Quarterly monitoring during the year following completion of the planting is intended to assure that the plant materials are surviving and the installation has been successful. Monitoring inspections completed during the first year are primarily intended to provide qualitative reports identifying maintenance requirements and to identify any possible remediation measures required to assure that the plant materials have been adequately installed and that other elements of the mitigation plan are in place as intended. First Year Quarterly Monitoring Standards of Success As-built Report AU work is to have been completed and plant materials installed in accordance with the Mitigation Plan. The as-built plan will identi:fy any deviations from the plan where required by conditions encountered. First Quarterly Monitoring Standards 1. Minimum 80 percent survival of planted trees and shrubs. 2. Less than ten percent cover by invasive shrub species. ~~ ......... ' #, The monitoring report will identify maintenance requirements and any adjustments ·which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. 'J?le monitoring will . include fencing, signage, presence of trash and debris and allY other conditions which may require maintenance or adjustments. Work to meet the standards shall be cOmpleted prior to next scheduled monitoring visit. Second Quarterly Monitoring Standards 1. Verify that any maintenance recommendations identified in previous report have been complet~ as necessary. 2. Less than ten percent cover by invasive s~b species .. . The monitoring report will identify maintenance ·requirements and any adjustments which may· be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Third Quarterly Monitoring Standards 1. Verify that maintenance recommendations identified in previous report have b~ completed as necessary .. 2. Less than ten percent cover by invasive shrub species. The. monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring wil1 include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to next scheduled monitoring visit. Fourth Quarterly Monitoring Standards 1. Minimum 100% percent survival of planted trees and shrubs. 2. Less than ten percent cover by invasive weedy species. 3. . Verify that ~ntenance recommendations identified in previous report have been completed as necessary .. The monitoring report will identify maintenance requirements and any adjustments which may be recomrriended to assure that the mitigation work is performing· satisfactorily to meet the project objectives. The monitoring wil1 include fencing, signage, presence of trash. and debris and any other. conditions· which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to next scheduled monitoring visit.· Care and Maintenance The mitigation areas shall be examined periodically to determine the possible invasion of weedy pest species such as . Scot's broom, reed canarygrass, English ivy; .and Himalayan blackberry, which compete with more desirable native species. These pest species shall be controUed as they appear on the buffer enhancement area. Reed canarygrass can be periodicaUy cut to control its growth, and blackberry can be physically pulled· out or cut down. Red alder and black cottonwood, or other tree seedlings which may become established shall be thinned to 8 ft. to 12 ft. centers. Irrigation will be required during the first summer and ·possibly during the second summer after inStallation. Water shall be applied as necesSary depending· on rainfall and soil moisture conditions.. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. .... " ... i I • .. ..J .... \ : .,,,.;, Requirements for replacement of dead plant materials shaU be identified during the monitoring inspections. Replanting as necessary wil1 be carried out during the dormant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. Mitigation Construction Schedule Grading work for the wetland creation area should be completed during the summer season when soils are driest and work can be completed with minimal soil disturbance. AlderNW shall be notified when this grading work is scheduled to be completed to be present to assist in interpreting the intent of the mitigation grading design. Installation of plant materials should be completed during the plant dormant season (November through March). If project schedules require planting at other time, irrigation will be required to support new plant materials. Kevin M Wyman ...... Page 1 of 1 Andrea Petzel -Re: [Fwd: Invoi'c~ -Rubbish Truck] 'U'··9 __ _ From: Andrea Petzel To: Wyman, Kevin M Date: 06/21/2007 3:56 PM Subject: Re: [Fwd: Invoice -Rubbish Truck] CC: Munger, Garet ------------------------------------------------ Great -thanks so much for completing the clean up work, and for letting me know. Andrea Andrea Petzel, Planner City of Renton -Development Services Division Renton City Hall -6th Floor 1055 South Grady Way Renton, WA 98057 425-430-7270 ~p~tzel@_(;i~~!1to!1,yyg.!1!~ »> Kevin M Wyman <kevln@mackenzieriverhomes.com> 06/21/07 1:30 PM »> Copy of the invoice for clean up work completed due to comments In the first monitoring report for Cherie Lane. Kevin M Wyman Mackenzie River Homes Inc k~yiJ1@m.fl~l(~JJzieri.y'erhomes.colll (206) 515-4510 0 (206) 419-0349 c (866) 817-3376 f file:IIC:\DocLllllents%20and%20Settings\nweii\Local%20Settings\Temp\GW}OOOOl.HTM 06/21/2007 Jennifer Henning -Cherie Lane From: To: Subject: Hi Kevin, Jennifer Henning Wyman, Kevin Cherie Lane As we discussed previously, the City of Renton will accept a security device in the form of an irrevocable cash-setaside, or letter of credit for the wetland planting. You will need to have the plantings installed within 90 days of the recording of the plat. . You will need to ensure that the estimated cost of the plants PLUS installation of the plants is provided for in the security device. This is being treated as a deferral item, and requires approval of the Development Services Director. 1. Provide the written cost estimate from your landscape supplier and installer that will represent the total cost of the plant materials, soil, amendments, staking, installation and operation of irrigation, etc. 2. Provide a written cost estimate and proposal from your wetland consultant representing the cost to accomplish 5 years of wetland monitoring and maintenance per the City-approved performance standards (per final wetland mitigation report). This must include quarterly monitoring for the first year, and annual reports thereafter. The contract for the work must ensure that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years." 3. Provide a written cost estimate from your wetlands specialist for the review and inspection they will accomplish to attest that all wetland mitigation and improvements, are installed pursuant to and are consistent with the final wetland mitigation plan. A copy of the final wetland mitigation plan should be attached to the cost estimate. 4. The amount of the cash set-aside, irrevokable letter of credit will be 150% of the cost of the above referenced items: cost of plants, installation of plants, monitoring and maintenance for a period of 5 years (with quarterly reports the first year) Page 1 .~ . ...... Kathy Kcolkcr. Ml\yor ' June 1.2, 2007 Kevin Wyman Mackenzie River Homes 16540 SE 1491h Street Renton. W A 98059. Sub,ject: . Dear ML Wytnan: . ·.CITV.RJ!NioN PIannirtg/BuHdinglrubl i~WorI(s p~p~rtmeni" . . ' ...... '. Gregg.Ziinmcrman·.p.E.,Ad·ministrator . ',' :' . '".,. 'i .. , ',: J . \ - "J received the firstql-lartedy maintetiancearidmonitoring.report·for the Cl1erie·Lanelwetland,.mitigation . project on May 29 .. 2007. The project.app.eanU({ betit~·eting.perfor.ina1)ce stand~r.ds; . A~~·.:rt9t(;)d 'by Y9ur, biologist and confirmed· by City staff. viSit~,. there app~arsto. be constr'uctiondel?ns in the. mitigation .area. This must be removed immediately or the projectcouid be subjecno further restoration,maintenancean.d , -monitoring. . .~ .:.. . , < ... ~ '. . ,....'....., '. '. ,'. As a· reminder. each, monHoring. re~~rt: musf:aqdn~~~.: ~h:e.:~·sp.ec:fiC. perfdrmriri6e .~tandards· tll~t~ere . established for the:pr:oject . The'perf()ml~DCe stand~td~: tliaf,were':set:areq·uaritifial?)e.arid·;measurabie .. !md '.' the'rep'ort must-clearly' statehow.they· h~v.e qeerimet;'Thi~p~rtic,ularIy-apphes to. s.ia~dar4s,"f()r . .satunitect .: I •• ,''' soils,' survival rate of the planted trees;··and· irivasiye .speci~s"cov:.er. Tliese standar,ds are applicable at·the "., . . '. end of each Yliar, not simply' a( the end of the ·fi.ve~y~ar .. monitoring,repoti.:' Please ensure thanqe'15ercent:' . "., . . cover oflnvasive species is·addressed:iri the n~,~t report. ,':: . , -..' ., '.' The ,next: reportjs. dq~. bY';uiY::;4, )60;; Pleasesubmi~.:~woc6Pies to"myittentiOri; ;if\you 'h~ve :ariY" '''' ~'~>. " . . '. questions, please free tdconta<;t' me at:(425}430':7270> .... .', '. . '. .. ... . .. ~ .... " . " ... • , i',' '. • ' 1 ' Andt:~a petzel. Planner Developrruint "Sefv16es 'Pi vision: . , ',' ":'" . " cc: . City of Renton File No. LW\Q5~073;:' . ". Guret Munger. AldcrNW . . .' . . ~.. '.,. " . '. '," -, l . ,', '" .. :: ~ ..... ..... >; ,I,',' .. ,' :, .' . "-.. " ,', . " . .'~ " .' .' . " . ' .•• 'f' .' ':',' .: ....... : " . . - : "j, ~, : "', .... : \.',.~'" .' . .' .... , . ',,'," .:1< ~ . " .', ' .. ~ .. 1 •• \", :';':'; .:' "~' " ~ • t -'.' . ' : . ,: ~." ~ .. ~ ..... ~. ~.:~ .. ~' -~~~~~I~O-55-S-~-U~ili~G-.m-d-~-~-~-j-:R-e~.n-~~n~,·W-a-s-fii~~~~-~~~-~-o~~-.·~~~~~~~·E~T'~.~.: ~ . .' , .. . . '. .' '. A HE'" D .Q F T 1i'E C.U RV. F: . ~ This pajWr cOnlains 50% recycled m,ne'nal, 30% posl conilumer , . • Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington • Subject: First Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington Dear Mr. Wyman: ( ) AlderNW In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on April 15, 2007. I revisited the site on May 24. 2007 to conduct a more complete count of the surviving plant materials. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13,2005, by AlderNW. General conditions within the mitigation area are illustrated in the attached photographs. Standards of Success The following standards were listed in the Final Wetland Mitigation Plan and Maintenance/Monitoring' Plan dated December 13, 2005 for the project: I. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, 8uch as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 518 North 59th Street, Seattle. Washington 98103· Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman May 29,2007 • • 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May I, measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree species within the wetland creation area and two tree species on the enhanced buffer areas. With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the end of each of the five years of the monitoring period. There was surface water present within the two wetland creation areas at the time of the monitoring visit on April 15 and on May 24. The wetland hydrology standard is being met for the project. Results of the count of the plant materials surviving at the end of May, 2007, is presented on Table 1. A full count of the surviving willow and red osier slips was not conducted due to the larger number of individuals involved. Based on a count of surviving individuals within a smaller sample area, the survival rate for the willow and red osier dogwood slips was approximately 60% at the end of May, 2007. There is evidence of natural regeneration of willows where survival has been low. A more complete assessment of the survival and growth of the willow and red osier dogwood will be completed in during the scheduled monitoring visit in September, 2007. The count to be completed in September can take into account any natural regeneration. For other species, the overall survival rate is approximately 91 % (657 on plant schedulel601 surviving). This survival rate is exceeding the survival standard of 80%. Based on observations of conditions on the mitigation area, I have the following recommendations for maintenance activities, to be completed during June prior to the monitoring visit in July, 2007. 1. Himalayan blackberry is present around the margins of the mitigation areas and is beginning spring growth on some sections of the mitigation area. Blackberry where it is present within the mitigation area should be removed from the area. Blackberry control may be accomplished by a combination of cutting canes and application of an approved glyphosphate herbicide such as Rodeo. Herbicide should be applied by use of brush or small hand held sprayer to avoid damaging nearby native vegetation. 2. Contractors working on houses adjacent to the mitigation area have discarded construction debris into the mitigation area. This construction debris should be removed. Contractors and homeowners should be notified that debris shall not be discarded into the NGPA. The next monitoring inspection for the project is scheduled to be conducted during the month of July, 2007. During the monitoring inspection in July, an assessment of % plant cover on the mitigation area will be made. That measurement will be used to evaluate the effectiveness of maintenance measures to control Himalayan blackberry on the mitigation area. Another count of surviving plant materials will be made during the scheduled monitoring visit in September, 2007. Results of that count will be used to determine requirements for replanting to be completed prior to the scheduled monitoring visit in December, 2007. Project No. 51103 Page No. 2 Mr. Kevin Wyman May 29, 2007 • If you have any questions or require additional information, please call. Sincerely yours, ALDERNW ok~~ Enclosures Photos of Mitigation Area (April, 2007) Table 1 Count of Surviving Plants ) Project No. 51103 Page No.3 ~ .. , ~. , c '~ , W)P£Ifr:')~li' is:tuc.!ihfi :r!lll,:>' "0-,1(11: ):'1' I:.', * tl nOi{11' -~ 9 .. , ~. (::(;',< \ :; ., Ii SYMBOL Ce BLM Pw Willow osier snow rose Ap Nb Prose • TABLEt CHERIE LANE ( ) COUNT OF SURVIVING PLANTS (May, 2007) SCIENTIFIC NAME COMMON NAME Thuja plicara Western Red Cedar Acer macrophyllum Big leaf maple Salix lasiandra Pacific willow Salix sitchensts Sitka willow Comus slolonifera Red-osier dogwood Symphorlcarpos alba Snowberry Rosa gymnocarpa Wood rose Pyrusfusca Crab apple Physocarpus capitatus Pacific ninebark Rosa pisocarpa Pea-fruited rose QUANTITY (33) 29 (3) 2 (26) (288) (416) (26]) 252 (224) 208 (13) 11 (59) 54 (64) 45 Number in parentheses is quantity on original plant schedule, second number indicates number counted as surviving. Overall Survival rate for planted trees and shrubs other than willows and red osier dogwood is 601/657 = 9]% • J ='i\i!;l~ ':~ /J ), j~'!f H~'t I,' (', .' r, J, II:{ :), (..'.I~! '. ,. ~'( T (1' 1 { ~. " , " It ,. >'" •• \ ~. " t r' of \ • I ~ " , " ,:;.1. If! • t " ·t· ... ' ~:. ; J.n I )j.. ll'rlq 1 ") ". J)I .i( ; ..... ~ I', ," ;', ';,f -;'4'·1" 'l~,: .: ~ '; II r!i: ., Il", • Y :j ! .. i( ," ~I.J 1 :I! . .'t.. J", -'\ t ,i< I:, 'jJ'\ ~ .,: \il ~ ~' , , t " t ',~" i" 'i ;.l-, ~ f " t .~ :1, , . f t '1' ~: f"' J' \i.: i' t w: .~. ~ . , Ii 'J. 1? t ~" , ~ '.' ;;. : ~ #; , l j: :! '~ .i: f· ~ !' ~. } f f c( ~~ ; p, , l '. ;~. , 1(. ~.- ~ " t ., :.~. ~. ' . . ' • Photo 1 April 15, 2007 ( ) Cherie Lane Wetland Mitigation View looking west showing buffer restorntion north side of South 35th Street. • Photo 2 April 15, 2007 Cherie Lane Wetland Mitigation View looking south across north side ofNGPA Tmct. • Photo 3 April] 5, 2007 • Cherie Lane Wetland Mitigation View looking west along south side of South 34th Place. • Photo 4 April 16, 2007 Cherie Lane Wetland Mitigation • View looking west across mitigation area on southwest comer of project. CITY ·')F RENTON Kathy Keolker, Mayor Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator May 17,2007 Kevin Wyman Mackenzie River Homes 16540 SE 149th Street Renton, W A 98059 Subject: Revision Request for First Qllarterly Maintenance and Monitoring Report Cherie Lane J Final Plat City of Renton File LUA05-073 Dear Mr. Wyman: T received the first quarterly maintenance and ,monitoring report for the Cherie Lane I wetland mitigation project on May 10, 2007. ' However, the report doesn't directly state that the mitigation project is meeting performance standards. TIle report concludes with the statement" ... with completion of the recommended maintenance activities;, the mitigation area will be satisfactorily progressing toward meeting stated performance standards fcir, 'ihe' proj ect. " ' Each monitoring report must address the specific performance standards that were established for the project., The performance standards that were set are quantifiable and measurable and the report must clearly state how they:havebeen met, not 'how the project is "progressingJoward" them. This is done on a quarterly basis .for the first year so that tile project has the greatest potential for success by the end of the monitoring period. ' ' . Please submit the necess~ry information by June 1, 2007 so that the project is not considered out of compliance. Failure. to do so will.result in resetting your monitoring period .. I'm confident, that the project is indeed 'meeting performance standards, but this must be, demonstrated in writing by' your biologist. IfyoLl have any ques'tions, please free to'. contact nie'at (425) 430-7270. Sincerely, ~fd1 Andrea Petzel, Planner Development Services Division cc: City of Renton File No. LUA05·073 Paul Baker, Code Compliance Inspector Garet Munger; AlderNW ----~------------------~REN· ,T"ON 1 055 South Grady Way -Renton, Washington 98057 ® This paper contains 50% recycled 'material. 30% post consumer· AHEAD OP THE CURVE CITY· )F RENTON Kathy Keolker, Mayor Planning/Building/PublicWorks· Department Gregg Zimmerman P.E., Adininistrutor May 16,2007 Mr. Mark Sterley Washington Mutual Bank Issaquah # 514 1195 NW Gilman Blvd Issaquah, WA 98027 Sub.iect: Release of Ass,gnment of Funds· ,Wetland Mitigation Construction/lnstalla.tion Cherie Lane I Final Plat, LUAOS:"073 34 th & Wells Ave S Renton, WA Dear Mr. Sterley: . . This letter will serve as 'authority torelease the As&ignment of Funds in: account number 0182-0001986775-2 in the amount o£o$33,024:55. This Assignment ofFlll1d~ was posted with the City of Renton on behalf of Mackenzie,'River Homes, Inc on February·n, 2006. The original security device is enclosed for your fi,les:. .. . . . If you have any questions, please contact Andrea.Petiel at (425) 430-7270 .. ~~dr#~ .. . Jennifer Henning D~vel0pment Services Director> Cc:· Andrea 'Petzel, A$sistaht Planner Ameta Henninger, EngineeringSpeciali~t . Tina Hemphill', Accounting' Assistant File LUA05-073 I .. ~. -------1O-5-5-S-m-ltl-l O-r-a-dy-W-ay---R-e-nt-o-n,-W-a-sl-li-ng-to-n-9S-0-57-------R E N TON . Ii\ Thl ........... ,.. .. ,.. .......... ;~ ... 1::(\0/ .............. I ... ~ .................. 1 ")(\0/ ................ _ ..... __ .. AHEAD OF THE CURVE CITY· JiF RE1'J1.~ON Kathy Keolker, Mayor Plalming/Building/Public Works Departn'ient Gregg Zimmerman P.E., Administrator. May 14, 2007 Ms. Courtney Hurst Manager Wash'ington Mutual Bank, Issaquah Branch #514 1195 Northwest Gilman Blvd. Issaquah, Washington ~8027 Subject: Release of Assignment of Funds . Offsite Deferral Dear Ms. Hurst: Cherje Lane Plat, LUA 05-073 3400 Wells Avenue.South Renton, WA '" fi ii .. J This letter will serve as authority to release the Assignment of Funds in.account number . 182-1986801-5 in the amount of $53,700.00. This Assignment of Funds was .posted with the City of Renton. on behalf of Mackenzie River Homes, Inc. ~m February 14, 2006. The original security device is enclosed for your files. . . If you hav6:ahy questions,please contact Mike Dotson, Engineering Specialist at (425) 430-7304. . . Sincerely,' . Ndtf}iJ{i .. Neil Watts . Deveiopment Services Director cc: Gregg Zimmerrrian, PBPW Administrator Mike Dotson, Engineering Specialist Arneta Henninger, Engineering Specialist TiJia Hemphill; Accounting Assistant . File LUA 05-073 .. H;\File Sys\BPW -Development Services Applications flea BPW\2007 Admin,istrntive Review Team\Security eases\Cherie Lane Plat, LUA 05-073 51407 .doc· R -----'"---1-0-S5-S-o-ut-h-O-ra-d-y-w-a-y--R-e-n-to-n,-W-a-sh-in-g-to-i1-9-8-05-7-----~ . E N TON ® This p~per contains 50% recycled material. 30% post consumer A HEAD OF THE CURVE April 3, 2006 TRANSMITTAL OF FINANCIAL INS1RUMENT TO FINANCE DEPARTMENT Attn: Norma K. I , REVISED COVER SHEET, DISCARD ORIGINAL COVER SHEET \o' ,,'.' ',-.' 'r TYPE OF INSTRUMENT: 1. Project Name: 2. Applicant: 3. Dollar Amount: 4. Purpose: 5. Required by: 6. StaffContactlPhone: 7. Notify Staff by: 8. Expiration Date: 9 Key words for'indexing: Assignment of Funds (AOF) \ ' \J ". , ,.;' 'r-' <,~ \ Cherie Lane Plat, LUA 05-073 FP Mackenzie River Homes, Inc. $53,700.00 Acct. No. 182-1986801-5 Deferral for final lift of asphalt, curbs, sidewalks gutters and mailboxes. Development Services Judy Walter ext. 7204 or Linda M. ext. 7394 June 29, 2006, for sidewalks, curbs, and gutters. August 1, 2006, final lift of asphalt Continuous Cherie Lane Plat, 3400 Wells Ave S Kevin Wyman, President/Owner cc: Jan lIlian & Arnie Henninger, Engineering Specialists BPW 02-0326 Please transmit only one (1 )instrument per sheet ".1 j , .' '.' \) • 'OJ For releases, please provide a memo requesting release. Attach a copy of the transmittal sheet to facilitate locating the instrument. Please allow five (5) working days for release of an instrument. If you need it sooner, please specify on your memorandum how quickly you need the release. doclIrncnl2 \ ' ~ ..... Assignment of funds To the City of Renton Washington Mutua& Applicant: Mackenzie River Homes. Inc. Bank: Washington Mutual Bank Owner: Kevin Wyman Branch:_--,I=ss=aQuah #514 Address: 16540 SE 149th St Address: 1195 NW Gilman Blvd Renton. WA 98059 Issaquah. WA 98027 Phone: __ ~2=0.::::..6-....:.4-,-,19,,--=03~4:..::.9 _____ Phone: __ -l4:.=.25:::...-.::::..39~2:!...;-5::::.::0=0.::::..0 ______ _ Fax: 866-8]7-3376 Fax: 425-392-2]95 -------=~~~~~---------Attention: Kevin Wyman Attention : ___ C=o=u=rt=n=e .... y"""H=u:.!.-'rs=t ____________ _ Title: President Title: Manager The above referenced bank hereby certifies that Fifty-Three Thousand Seven Hundred Dollars ($53,700.00) is on deposit in the account number 182-1986801-5 Under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: Cherie Lane Location / Address of Plat or Project: 3400 Wells Ave S. Renton. WA . The required work is generally done as follows: Final 2-inch lift of asphalt paving, installation of two - 8 cluster mailboxes and, repair of approximately 250 lineal feet of sidewalks, curbs and gutters. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving Notice that the City has determined that the work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the city and shall not interplead or in any manner delay payment of said funds to the city. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the city. Applicant~~M2:le ~{.ve-r I~~ ft." ~-= ~ t1thlZedSignature K: (,l/l) In tvyaWI1, /natdv!-L Name, Title Z/ILf/a; , Date Q FDIC ~ Insured DATE: TO: CC: FROM: SUBJECT: PLANNING/BUILDIN GI PUBLIC WORKS DEPARTMENT MEMORANDUM May 14,2007 Tina Hemphill Jennifer Henning Andrea Petzel Amber Hoffman Release of Assignment of Funds Attached are copies of A.O.F for Cherie Lane 1. Please return the originals to me so that I may process them for release to the owner/contractor. February 8, 2006 $33,024.45 Thanks. h:\division.s\develop.ser\const.ser\amber\correspondence\aof release -cherie lane i.doc MACKENZIE RIVER -HOMES INC Andrea Petzel Development Services Division City of Renton 1055 S. Grady \'V'ay Renton, WA 98057-3232 Dear i\1s. Petzel: i\1ay 9, 2007 Enclosed please find the fu:st monitoring report for Cherie Lane's wetlands. Per item two, the construction debris is schedule to be removed today, May 91h. For the blackberry and cutting we are coordinating with the wetlands engineer, -Mr. Munger, to have those resolved in time for the next t:eport. Please let us know if there is anything else you'd like us to address at this point. LUADS-cJt3 Thank you, ~ ~evin Nl Wyman President I 6 5 "0 S E 1" 9 T II ST· R E N TO N \Y/ A • 9 8 0 5 9 -8 8 2 2 P I-ION E: (2 0 6) 4 1 9 -0 34 9 • FAX: (8 6 6) 8 1 7 -3 3 7 6 E !v[j\ I L: KE VIN@JvJj\CKENZIERIVERHOMES.COM 'l'J 1 .,., .,'ft .. "11 1;( 1 'f#~ " ;:<; ~ ~: ;'l yo f~ ., iI' ?'J '. f' ~ 1 ~~ ~,; ~ ,1··; .' i ~< a ~ ~; .~ 'ii. J ? .j ¥l J i .~;!. 'I .~ ~ ~ ~.~ '1 .. l f' " , '~, , ,! ., '.-j -: ~.: f, .:. Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: First Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington Dear Mr. Wyman: AlderNW May 2, 2007 Project No. 51103 In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on April 15, 2007. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13,2005, by AlderNW. General conditions within the mitigation area or illustrated in the attached photographs. Based on observations of conditions on the mitigation area, I have the following recommendations for maintenance activities, to be completed during May and June. I. Himalayan blackberry is present around the margins of the mitigation areas and is beginning spring growth on some sections of the mitigation area. Blackberry where it is present within the mitigation area should be removed from the area. Blackberry control may be accomplished by a combination of cutting canes and application of an approved glyphosphate herbicide such as Rodeo. Herbicide should be applied by use of brush or small hand held sprayer to avoid damaging nearby native vegetation. 2. Contractors working on houses adjacent to the mitigation area have discarded construction debris into the mitigation area. This construction debris should be removed. Contractors and homeowners should be notified that debris shall not be discarded into NGPA. 3. In general the planted materials appear to be surviving and have initiated new spring growth, with the exception of the willow and red osier dogwood. The willow and red osier dogwood slips show low survival. Low survival rates appear to be in part, related to original placement in drier areas than intended. I recommend that additional willow and red osier dogwood slips should be installed. An additional 200 red osier dogwood and 200 willow cuttings should be planted. Please contact me to assist in identifying areas to be replanted with the willows and red osier dogwood. 518 Nonh 59th Street, Seattle, Washington 98103· Phone (206)783-1036 email aldernw@comcast.net / Mr. Kevin Wyman May 2,2007 The next quarterly monitoring inspection for the project is scheduled to be conducted during the month of July, 2007. It is my observation that with completion of the recommended maintenance activities, the mitigation area will be satisfactorily progressing toward meeting stated performance standards for the project. If you have any questions or require additional information, please call. Sincerely yours, ALDERNW ~~(?~ Garet P. Munger Enclosures Photos of Mitigation Area. Project No. 51103 Page No. 2 r '-. k Photo I April 15, 2007 Cherie Lane Wetland Mitigation View looking west showing buffer restoration north side of South 35th Street . .".. ,.' x,\ " Photo 2 April IS, 2007 Cherie Lane Wetland Mitigation View looking south across north side ofNGPA Tract. .' " Photo 3 V' Cherie ~ri~15, 2007 lew looking west aJ e etland Mitigaf ong south . d Ion SI e of South 34th Pia ceo · . Photo 4 April 16, 2007 Cherie Lane Wetland Mitigation View looking west across mitigation area on southwest comer of project. Kathy Keolker, Mayor May 10,2007 Kevin Wyman Mackenzie River I-Tomes 16540SE 1491h Street Renton, W A 98059 CITY JF RENTON Planning/Building/Publ ic Works Department Gregg Zimmerman P.E., Administrator Subject: Request for First Quarterly Maintenance and Monitoring Report Cherie Lane J Final Plat ' City Of Renton File LTJA05"073 Dear Mr. Wyman: This letter is to inform you. that-the first quarterly maintenance and monitoring report for the Cherie Lane J wetland mitigation project was due to: the City of Renton on AjJril25,. 2007. Please submit two hard copies of the report to my attention by May 2~, 2007; Jfyou have any questions; please free to 'contact ine at'(425)-430-:7270. Andrea Petzel, Planner Development ServlcesOivisiQn , cc;CitfOfReritoifEiJe:Ni:r::i.:uAQ?·~7J! , Paul Baker, 80de Compliance 'Inspector , Arneta Henninger, Engineering Specialist Garet Munger, AI,c1erNW ~-----------IO-5-5-S-0l-ll-h-G-m-dy--W-ay---R-e-n-lo-n,-w-a-S-hi-ng-I-On--98-0-5-7--------~--~ AHEAD OF THE CURVE CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM Date: May 9, 2007 To: Amber Hoffman From: Andrea Petzel ():J"/ CC: Neil Watts, Jennifer Henning Subject: Release of Assignment of Funds for Cherie Lane I Wetland Construction/[nstallation City of Renton LUA05-073 Amber, Please initiate the paperwork to release the Assignment of Funds for the wetland mitigation project at Cherie Lane I. The amount is for $33,024.55. The release applies to the wetland mitigation construction/installation only. A copy of the paperwork should also go in the yellow file Lip in the City Clerk's office. Thank you! release inslali mil funds,doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 BILL OF SALE I ProJName: Project File #: 3~11 Street Intersection: ~AJl0i~ ~JN~i~ as . 33.00 ' 03/22/2007 09'26 KING COUNTY, ~A Property Tal Parcel Number: Address:;5~/~ $13J./f'{'J. :sf. Reference Numher(s) of Documents assigned or released: Additional reference numbers are on page __ ', Grantor(s): ' £t'j/t,.. l/r;'1'f\eJ; ;In '- Grantee(s}: 1. rn ac..ke;lZie 1. City of Renton, a Municipal Corporation 2. The Grantor, OB named above. for, and in considerotion of mutual benefits, hereby gronts, bargains, sells and delivers to the Grantee, ns named above, the following described personlll property: WA TERSYSTEM: !&n!nh Sjze ~ L.P. of II Water Main L.P. of " Water Main L.P. of " Water Main each of " Gate Valves each of .. Gate Valves each of Fire,Hydrant Assemblies SANITARY SEWER SYSTEM: ~ Sjze~ ,ltft) > Sewer Main L.P.of .. S-3~7cr L.P. of .. Sewer Main L.P.of " Sewer Main 2 eacb of ~"B. II Diameter Manholes each of II Diameter Manholes each of " Lift Stations STORM DRAINAGE SYSTEM: !&nstb '~ ~ L.P.of II Storm Main L.P. of II Storm Main L.P.of II Storm Main each of " Storm Inlet/Outlet each of II Storm Catcb Basin each of " Manhole STREET IMPROYMENTS: (Including Curb, Gutter, Sidewalk, Aspbalt Pavement) Curb, Gutter, Sidewalk L.P., Asphalt Pavement: SYor' L.P. of Width STREET UGHTING: # of Poles ""'C'/17 )'1'104-(/.i.,.",/ ~c.(/' • By this conveyance, Omntar win W1II11II1t mid defend the sale hereby made mlto the Omntce against all and every person or persons, whomsoever lawfully claiming or to claim the same. This ~onvcyonc:e sholl bind the h'e!rs, exccutars, administrators and 88signs forever. O:\Fonns\PBPW\BILLSALB2.DOCIbh Psge I , " IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this Ji.-day of ii...1L. 20([j- kkrwc R.,vv tfrn,eLinCb~-=?i:-;'(I."L_ Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box O:\FOT1IIS\PBPW\BnisALE2.DOCIbh INDIVIDU4FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON) SS COUNTY OF KING . ) I certifY that'! know or have satisfactory evidence that. signed this instrument and acknowledged it to be hislher/their free and voluntary act for the uses and purposes' mentioned in the instrument Notary Public in and for the State of Washington Notary (print). My appointment expires: · Dated: or RBPRESENTATlJIE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING -) I certifY that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they waslwere 'authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. · Notary Public in and :for the State of Washington Notary (print) . . My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHlNGToN ) ss· COUNTY OF KING ) On this ---L-day of Ft.b~ '. 200~ , before me personally appeared ~t'\ M. U)~m.0K' . to me lcno~ to · bel n..,.\ cit.n.t ' of the corporation Ibat executed the within instrunient, and acknowledge the said instniment tQ be the free 'and voluntary act arid deed of said cotpOrntion, for the uses and purposes therein rnentioned,·and each on oath stated that he/she was authorized to execute said instrument and that the seal 'affixed is the corporate seal of said corporation. Page 2 • March 8, 2007 Kevin Wyman Mackenzie River Homes 16540 SE 149111 Street' Renton, W A 98059 Subject: Condition for Release of Funds Ctterie Lane I Final Plat City of Renton. FileLUA05-07J . Dear Mr .. Wyman: . CIT.F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator . J received a copy of your letter requesting release of funds in.the amount of $33,024.45~~ for the· wetland construction/ins'tallation pilase of Cherie Lane I Final Plat. 'However, there is one, . condition that needs to be completeg: The temporai:Y silt fen~e must be -replaced' withc'edar, split-rail fencing and the appropriate' wetland protec.tio·i1 signs m).lst bep,laced,aroundthe entire perimeter of the Native GroWth Protection Area. ' ' Upon completion and verification ofthe split'rail:,feTicing and sign installation for the entire site" the City will promptly arrange for your release'of funds. 'If you have any questions, please feel.' free to contact me, or Andrea petzel, .. at"( 4~5) 43Q;,. 7200. . . . . Sincerely, '. I~ e:) lJJJt( Neil Watts, Director , Development Services Division cc: Ameta Henniilger; Engineering Specialist Amber Hoffman, Secretary' Andrea Petzel, Assistant Planner dll'illA6£.J:1~ ,". . AHEAD OF THE CURVE • MACKENZIE RIVER HOMES INC Neil Watts Development Services Director City of Renton 1055 South Grady Way Renton WA 98055 Dear Neil: February 28, 2007 ~OPMcN1SER~CEB CITY OF RENTON MAR 01 2007 RECEIVED There is a long version of this story which I will be happy to relay if you prefer, but the short version is this is my third request to get the city to release an assignment of funds for a wetland mitigation project that has been completed. On January 15th of this year I sent a letter to Andrea Petzel (and Arneta Henninger, see copy enclosed) stating that the wetland mitigation project was complete and a report from the wetland engineer should arrive at about the same time as my letter. The last sentence of that letter requested the release of funds. On January 25 th Ms. Petzel sent back a letter stating the "City staff has determined that the mitigation installation is complete." (See copy enclosed) The release of funds was not addressed in her letter. On February 8th I sent a letter to Arneta Henninger, the 011ginal planner on my project, and copied Andrea Petzel. (See copy encolsed) This letter was the second request for releasing our funds. On February 15th Ms. Petzel sent a letter retracting the earlier statement that the mitigation installation was complete. She then proceeded in directing us to install more fencing and signs. I have revisited the site since her letter and fail to see anywhere the fencing and signs are missing when comparing the installation with the stamped, approved plans, approved by Laureen Nicolay December 28th 2005. The silt fencing I believe she is referring to belongs to the plat to the south, Cedar Point. This silt fence was likely was put in to protect our property from their construction of a stormwater pond. I can't say precisely because it predates the beginning of construction on our plat. The --2-February 28, 2007 location alone clearly shows that we would have no reason to protect their active construction area from our wetland. Per tlle approved wetland plan, signs and fencing are not required along this area. I can only assume that both AlderNW and Laureen Nicolay determind split rail fencing and signs there would be unnecessary since it adjoins the stormwater pond next door. Given the facts that the silt fence is not ours, split rail fence and signs were not required by the design, the area is protected by being next to a stormwater . pond which is surrounded by a split rail fence, and finally that "staff has . determined" the installation complete, I respectfully request, once again, the City of Renton process the necessary paperwork to release our assigned funds. Neil, please feel free to give me a call if you would prefer to discuss this in person. I felt a letter was the best way to start to help layout the information as clearly as possible. Thank you, 4 Wyman President 16540 SE 149'1'11 ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349 • FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZIERIVERHOMES.COM CITY OF RENTON PlanningIBuildingiPublicWorks Department Gregg Zimmerman P.E., Administrator Febnlary 20, 2006 Stephen J. Schrei, PLS CORE Design, hic. 14711 NE 29th,Place #101 Bellevue, W A 98007 , SUBJECT: CHERIE LANE FINAL PLATLuA 05-073FP S 35TH ST AND WELLS AVE S PLAT'COMPLETION AND ACCEPTANCE OF UTILITIES REQT)JREMENTS U040276, U050104 RTW 3190 Dear Mr. Schrei: , Attached is a copy of the review (Febnlary 14, 2006) o~, the',final plat from Laureen Nicolay;' Senior Plann'er. If you have any questiori~regarding the 'dbi?'!ments ypumay contact Laureen at 42S~30-729'4, When the comments have' been' ac;l~tf!ssed :please"su~mit.them baelS: tc)"'rni office. . .",.... . .' , .. , 'In addition it is requested that the following language be i!,!serted both in the covenants and pn sheet 2 of ' theplat. Also add the wetland'~ mai)ltenanc~-to'co~emlnt Article' (8; Se,ction three, last sentj;lnce. ' . . .. .' ,Developer Rc~ponslhlJity: for' NGP'A: m'ltig~t}pn\projcct:. The dev~loper~ not the' Homeowner'S , Association"is,to beresponsible for the ll'litia(instal1ationj,maintenance and'minimurp 5 years of successfiiwetJimdriiit.igation motlitoring:pursu'ant to RMC and the approved wetland ri:titigation plan. The .transfer of responsibilitY to the Homeowner's Assbcia~ion shall riot occur 'until the ' " City of Renton releases'the deveI9perin Writing fromfurtl1er maintena'nceand, monitoring' upon the completion ora minimum of.f';ve successful, consecutive, years of the wetland monitoring " 'consistent with the RMC ~ndthe approved wetland monitOllng and maint~nanceplan. ," Please coordinate your work with Kevin Wyman. ,Upcin completion submit the changes to my attention. J will coordinate the reviewWtth Ms. Nicolay. ' ' If you have any questions, please c'ontaqt me at 425-430-7298. Thank you for your cooperation. , '. , ' . . . Sincerely, ~/~ Ameta Henninger Engineering Specialist cc: ' Kayren Kittrick Laureen Nicolay ~ -------IO-S-S-S-m-lth-a-r-a-dy-W-ay-.-R-e-nt-on-,-W-a-sh-in-gt-o-n-9-S-0S-S------R E 'N TON • 'SIM.'.'." ~~ @+w.w.- RUBBISH TRUCK'· INVOICE Rubbish Truck 4957 Lakemont Blvd C-4 #246 Bellevue, WA 98006 Phone -425-246-7244 Fax -425-643-1833 ErN # 20-3835973 Bill To: Kevin Wyman kevjn@mackenzjerjverhomes.com 206-419-0349 Onslte Contact at Jobslte: None Load Size DESCRIPTION DATE: 02/19/2007 INVOICE # 4094 Service Address: 3480 Wells Ave South Renton, WA 98059 Date of Completion: 05/09/2007 Wed /8-10 AM 3/4 Old Metal wire fence, wood debris, garbage, bags, metal poles, pipe Less Commercial Discount (20%) Surcharge One hour of additional labor onslte gathering materials for loading Make all checks payable to Rubbish Truck. Payment due upon receiving this invoice. THANK YOU FOR YOUR BUSINESS Subtotal WSST S.SO/o TOTAL Amount 425.00 -85.00 30.00 370.00 32.56 402.56 ,i • Kathy Keolker. Mayor, February 15,2007' PlanningiBuilding/PublicWork$ Departmeht,' Gregg Zimmerman P.F.;., Administrator Kevin Wyman, , Mackenzie River Homes- '-165'40 sifI49iIi Strect'-"-..:.. •• _-_._-----_......!:. ..... _._-...... , ,,'----'-'''-'~-" , ,Renton, W A 98059 SubjeCt: ' Release of Funds -Cherie Lane :FinaLPlat , " City of Renton;File LUA05~Q74-. , . . , Dear Mr. -WY)11an:' '" , I ,r~ceived acopy Cifyourjetterr~qu'~sting; i~e r~)~as~ o(t\ind!3 f~~ Wetland" ,',,: " ;,', "": ' , ' ',; , c,onstruction/instal1~tion'.;'Accor~ing,.'to your wetlanO"pi,9l,cigisi;,the; wetla~d p,hlntirigs' naye,'been, ,,', ,:sl!~cessft!lly installed and thcreforeY,our:rhonitorihg:petiq,4,h'as begu~; , ,,", " Upon afinal.site vi,sit,'it'appcars,that thesplitr~il'fel:)bi'rtg;and si:gnil1stallati()n' for,t~e entire site ' , 'has: not ,beeivcompleted.',' Be'ginIjing in th!Jv1oJnity '6tWeli'sA venue"and:ext~nd.irig, 'west, silt ~ , ,fencing rem~in's in place., 'Plea·se'replactdHe',t.empQr~tY; sWHence \Vithcedar, spHt~rail f~ri6irig and the, appropriate':wetland protectioTl,' signs, ; ,.': :;' ' ',~, :',; , '",",' ;,' ' , : ' ,',' .' .' .. ' .' . ,: . ..... After rec'eiving :verifica~6n :t~at',tn¢:{ericin~ a~d '~l~~,!~~~e\;een, inst~i,)Jdo: CitY,s4tff ~ilrpei-form , " a,final field check, ,and yourfu'nds:may ber~leased. ,Pl~aselet,me knowifydu have any .. , ',questions, (425) 430-7270.: " , . ' , ' ' , : ' ' , Sincerely, , ' ~dre.pe~I'Pla~~ I~eveloprrient. Services Division ' " cc: 'Ci:ty~Of:Rent6n'Rile~No:tIJAO~,07~~=,~:::;:::", ' , " GaretMunger. AlderNW'-, '..' ",' :: Jennifer Henning,' Gurrenl Plnnning: Manager' ,',,:' : ,_ Arnela Henninger, Engineering ,~peeililist -,', ." :'; Amber:Hoffnian, SecretorY,I1 ' -, , ' ." I ,:., .. ' , ~ ; . ,; , ' ' ',' " . ~ . '. . 1:' " " , ,.'. " ". ~' --------~--~-R'E NT ON J 055 South Grady Way -Renton, Washington 98057 .tD. AI'I'EAD OF THE CURVE MACKENZIE RIVER HOMES INC Arneta I-Ienninger City of Renton P /B/PW 1055 South Grady WHy Renton WA 98055 Dear Ms. Henninger: February 8, 2007 en r Of RENION R E·C E' V E 0 FEB 1 ? 2007 BUILDING DIVISION According to a notice received from Andrea Petzel (copy enclosed), our wetland mitigation installation has been approved by City Staff. At this point we again request that the City cl.taw up the appropriate documents, or advise what procedure we need to follow, so that the bank will release the security device that was posted to guarantee installation. A copy of the security device "assignment of funds" is enclosed for your reference. cc: Jennifer Henning Andrea Petzel Thank you, 16540 SE 149'1'11 ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349' FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZTERIVERHOMES.COM Assignment of funds To the City of Renton Applicant: f11at. fmz" Iltv« h ...+nL Owner: same Address: In s-~p se /'tffi 5t-R.tndl,., wd ~d 5Y Phone: lOft· 0/1'1 a.3~f Fax: 8'1 &'f; 3t~ Attention: J(e,v 111 t7\ Wymg~'f' Title: Pre&ultet: Washington Mutual Bank: LJCl.S~I'...,tf)-~~ 6 ... ,1 Il __ 1e. Branch: 'TssCLflA.tl L, II-S"14-( Address: "'S' Nw e,,' IMI:k lJ7vfJ :X"'At"'tJ k • Lv'A ,g()2-1 Phone: [If 2..[) If 2. -rop t:1 . Fax: 't 2.~" -:sq 2.. -2..1 fiG'"" Attention:,_·..:...;PI~..s.· =--~...L....:i~~-=--~--t- Title: B S '", I! The above referenced bank hereby certifies that 7111,,& 71ru )'.;(<<46"" 'rt1d", t....,!rue-(1M %" Dollars ($l.~O.zY,Jt'" is on deposit in the account number()lb2-@tf8(,. ~ ;ZS".l Under the name of the City of Renton, to secure the applicant's performance of the following work required in connection· with the plat or project described below. Plat or Project: L .1ecte '-nne. Location / Address of Plat or Project: ~'1 "". 1 4!e Its Aue S The required work is generally done as follows: tJ ei:.1 ar-d 1111 f"?~""" CII>r, ~ ~d m. .!;:r:-If,S t1f'/lel1!~ " The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the· City of Renton (the City). We further agree that these funds will be paid to the City within 10 days ·ofreceiving Notice that the, City has .determined that the work has not been properly performed .. The ~ank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the city and , shall not interplead or in any manner delay payment of said funds to the city. The applicant hereby agrees to this· assignment of funds. and that its obligation to perform the required work is not limited to the amount'offunds held by the bank. This assignment of funds is irrevocable ahdcannot becan~elled by the bank or· applicant. These funds may not be assigned, ple4ged, used as security or otherwise made available10 the applicant, bank or a third party without the ~rior written consent of the city .. t' .' . ~licant' . .... Ktm,( 12/1,11". ~ --b%c "'~J Authorized.s~gnature. .' ~ .~ ... 1<~Vla In Wymon bsihbrt Date" Z/1I/R6 u~p;le . . Ar~ Date Illaquah . Financial Canter 1195 NW Gilman Blvd. Issaquah, WA 98027-0947 phone 425.392,5000 fax 425.392.2195 ~ FDIC !iii 'n.ulld Applicant: !l/t;t..U/rzit !liver t/oMt.A Xnc Owner: saMe . Address: 1(P$-~iJ 5E /~4f1l s-t IZ eo /:p, wtI: 9&(} 571 Phone: Z()/t? 'tt? 0..3 ~f' Fax: E2bl 91 Z. 3 3 r6 Attention: Ke iJt(l m wymqn Title: Pr?rul"/I:T Fax: Attention:_M:....,..:;4-::..· ....r..=...-~=-+==I--=------t-- Title: 13 IA So; "'c!l~ The above referenced b~nk hereby ~e~ifies thatCgiie¢It ~=:1tttfff~ Dollars ($/~ ~,PD) IS on depOSIt In the accou t number .2." I ..... Under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: C; 6e r / e La oe Location / Address of Plat or Project: 3 t.r on rf tJa/ls Aut' $, The required work is generally done as follows: Ue.l:::tat--d fr7 (In; t.. (/r,;'5 a f-d f1\tf{/~ ~I'LC"'IC e The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving Notice that the City has determined that the work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the city and shall not interplead or in any manner delay payment of said funds to the city. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the city. Applicant ~. "Uk t/"ma 'ht' 0/: Authorized Signature ~ furisMtL CNi)itJe KeUln m Wy.'n4n Pr~£IZ,d Date ~ Aut rized Sig ure BtthU/!"E. &av. Dat?j q, til,; . Issaquah FInancial Con tor 1195 NW Gilman Blvd. Issaquah. WA 98027-0947 phone 425.392.5000 fax 425.392.2195 ~ FDIC r;s: Insured /. ~ ~. Kathy Kooiker, Mayor January 25, 2007 Kevin Wyman Mackenzie River Homes 16540 SE 1491h Street Renton, W A 98059 CITY F RENTON PJanning/Building/PublicWorks Department Gregg ZimmermanP.E., Administrator SUb.lect: Wetland Mitigation Certificate of Installation Cherie Lane I Final Plat City of Renton File LUA05-073 Dear Mr; Wyman: On January 10,.2007, I received a certificate of installation letter from your wetland biologist for the Cherie Lane wetiand mitigation project. After review and a site visit, City staff has determined that;the mitigation installation is complete. Therefore, the minimum five-year maintenance and monitoring period for this project begins as of the date of this letter. As a reminder, reports are due quarterly for the first year and annually thereafter. If at':any point the project fails to meet the established performance standards, the monitoring period will be placed on hold, pending compliance. The five-year monitoring period will restart once the project regains compliance with performance standards. Two copies of each maintenance and monitoring report should be sent to my attention. I look' forward to rr;:viewing the first quarterly monitoring report due April 25, 2007. Tfyou have any questions J can be reached at 425-430-7270. Sincerely, (~f~4 Andrea Petzel, Pla~ Development Services Division' cc: erty,ot.R.e,n1O!LEili!.:JSlo,J~ .. Qt;o5:Q2b GartH Munger, AlderNW . Jennifer lienning, Current Planning rvtannger Arnetn·Henninger, Engineering Specialist . .~;' . },"t':, ~ -"""'''-'-.11,-' ----)-OS-S-s-ou-t-h -O-ra-dY-W-aY---R-e-nt-o-n,-W-a-S)-lin-g-to-n-9-g-0S-7-~-----R EN;,:) 0 N ~ ', ... .,.,,-AHIl!\:I).'Of, .. THE CURVE . t,.· .,', .. ~ , . \~ This papercontain;'50%'recycled matarlal. 30% post consumer ,-,'.:, . • MACKENZIE RIVER HOMES INC January 15,2007 Arnita Henninger rMClre;petzel~~ City of Renton Development Services Division 1055 South Grady Way Renton WA 98055 Dear Ms. Henninger and Ms. Petzel: DEVaOPMENT PLANNING OITY OF RENTON JAN,:.' 9 2007 RECEIVED This letter is to provide the city with a status update regarding deferred items at Cherie Lane, LUA-05073. ' At this time the following deferred items have been completed: 1) Installation of Wetlands' Mitigation and related fencing and signs, and all hand seeding .behind the sidewalks and in all "public" areas not belonging to a specific parcel. See attached photos as well as certification letter sent by Alder NW under separate cover. 2) Installation of two 8 unit CBU mailboxes. See attached photos. 3) While not "deferred," per se, the Coal Mine Hazard delineation split-' rail fence has been installed with sign~. See attached photos. , The only remaining ite;n to be completed is the final 2" . lift of paving. This has been delayed while waiting for the builders to repair damage they caused to the sidewalks during home construction. This paving has been contracted and is expected to be completed within the next 30 to 45 days, weather p0rmitting. While ot,:iginally planned to be deferred, the sidewallc repairs were completed prior to plat signoff and that portion of the security was reallocated to the seeding of the public areas. See attached documentation. We appreciate the City's patience in this project. There were several unusual situations, some our fault, some not, that caused unfortunate delays. Fortunately it's finally getting to the end. -2-January 15, 2007 At this point we respectfully request the city draw up documents releasing the wetland installation security device being held at Washington Mutual Bank. Sincerely, Kevin M Wyman President 16540 SE 149TH ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349 • FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZIERIVERHOMES.COM ., MACKENZIE RIVER HOMES INC Jan lilian Planning/Building/Public Works City of Renton 1055 S Grady Way Renton WA 98055 Dear Jan:. March 30, 2006 I appreciate the approval and quick turn around of our request for deferral of hydroseeding at our plat Cherie Lane. I'm writing to see if you might consider an alternative to posting more funds for a security device. One of our previously approved deferrals was for repair of the curb, gutter and sidewalk We posted a security device of $53,700.00 of which $12,000.00 was for the curb, gutter and sidewalk. These repairs have been completed. Instead of posting more cash for the hydro seeding, we 'would request that the $12,000.00 security be transferred from the sidewalks to the hydro seeding. I have enclosed an agreement that hopefully would suffice for this purpose. Cc: Gregg Zimmerman Neil Watts Ameta Henninger Thank you, Kevin M Wyman President ' ,16540 SE 149TI-I ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349 • FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZIERIVERHOMES.COM .f Agreement· This agreement is between City of Renton (City) and Mackenzie River Homes, Inc (Developer) regarding the plat known as Cherie Lane . . City and Developer agree that: . Developer has irrevocably assigned a financial security device in the amount of $12,000.00 to the City to guarantee the performance of repairing curb, gutter and sidewalk at the plat of Cherie Lane. The repairs have been completed The City has granted to Developer the right to defer the installation of hydroseed, subject to the assignment of a financial security device in the amount of$1425.00. The City and the Developer now agree to transfer the $12,000.00 financial security device from 'securing performance of curb, gutter and sidewalk repair' to 'securing performance of hydro seeding. ' This transfer is in lieu of creating a new, $1425.00 financial security device for the hydroseeding. Agreed to this _ Day of ___ ;, 20_ by: City of Renton ·, . CH;ERTE LANE 1 of 1 Subject: CHERIE LANE From: "Ameta Henninger" <Ahenninger@ci.renton.wa.us> Date: Fri, 31 Mar 2006 09:44:43 -0800 To: <kevin@mackenzieriverhomes.com> CC: "David Whitmarsh" <DWhitmarsh@cLrenton.wa.us>, "Ron McPhee" <Rmcphee@ci.renton.wa.us> )we .rep!:liV:El9:,:ly6u:r;; ,lett~x: t:ega.rding .the securitYdevicefo~'hYdrOSeedi~g,and' that.iY ~9.0d.MqrI1ipg' Kevin, , .,' . . 9q~ptable :'; f .' . u"revi'ewing your project file· I am not finding any new information on· your street lights. You might want to follow up on the status and get that finished and signed off. As we get closer I just want to let Fire, Parks Mit. fees check to also the amount of $15.73 (this check is Arneta .. you know that when you bring in the Trans., bring in a check made payable to C, D, & L in for the courier) . .f 1/15/200713:19 Mailbox on Wells Ave S Coal and Wetland Fences and Signs behind Lot 16 Coal and Wetland Fences and Signs behind Lot 15 Coal and Wetland Fences and Signs h",h ... .rt Coal and Wetland Fences and Signs behind Lot 14 Coal and Wetland Fences and Signs behind Lot] 4 Wetland Fence behind Lot 13 Wetland Fence and Sign beside Lot] 3 Wetland Fence and Sign behind Lot 12 Wetland Fence and Sign between Lots 11 and 12 " Wetland Fence around Lot 11 Wetland Fence and Sign east of Lot 11 Wetland Fence and Sign at the comer of S 34 PI and Wells Ave S Wetland Fence along Wells Ave S -Wetland Fence and Sign along Wells Ave S ~~----------~ ~ -'~--:'h~'---'" .L..-......._ Wetland Fence and Sign along S 3St St Wetland Fence and Sign at the comer ofS 35th St and Wells Ave S .-r. I' ~,' ,,~ L,:" ,_,~~' Wetland Fence and Sign at South end of plat on Wells Ave S , . ! _L Example of seeding and straw, installed with wetland mitigation, in "public" areas behind sidewalk etc ... " Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: As-built Report Wetland Mitigation Cherie Lane Renton, Washington Dear Mr. Wyman: AlderNW January 8, 2007 Project No. 51103 JAN 102001 lei ~~ ttfifED As requested, I have reviewed the work completed for the wetland mitigation requirements for the Cherie Lane Residential development in Renton, Washington. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan. dated December 13,2005, by AlderNW. In completing this review and the preparation of the as-built report for the wetland mitigation work, I visited the site on December 6, 2006. Work in the mitigation areas was complete, at the time of the site visit. I had also been present at the project site periodically during October and November, 2006 while work was in progress to complete the grading for the mitigation areas. In general, the mitigation work has been completed in accordance with the Final Wetland Mitigation Planting Plan. It is our observation that mitigation plantings have been satisfactorily installed. Photographs illustrating conditions at the time of the monitoring visit on December 6, 2006, were taken. Representative photos are included with this report as Photo 1 through Photo 5. Additional photos taken at that time are being maintained in AlderNW flIes, for reference in future monitoring visits. The wetland mitigation work for the project should be accepted as being complete as of the time of our monitoring visit on December 6, 2006. Work within the buffCr mitigation area has been completed in general accordance with the mitigation plan dated December 13, 2005. That plan illustrates the work completed and serves as the as-built drawing for the project. Based on observations of conditions on the mitigation area, I have the foUowing recommendations for maintenance activities, to be completed during July and August: 1. Himalayan blackberry is present around the margins of the mitigation planting areas. Blackberry where it is present within the mitigation area should be removed from the area. 2. Contractors working on houses aqjacent to the mitigation areas have discarded construction debris into the mitigation area. This debris should be removed. Contractors and homeowners should be notified that debris shall not be discarded into NOPA. 518 North 59th Street, Seattle, Washington 98103· Phone (206)783-1036 email aldernw@comcast.net In accordance with mitigation design requirements the project will be monitored over a five year monitoring period. Monitoring visits are to be completed quarterly over the first year. The initial quarterly monitoring visit should be conducted during the month of March, 2007. [f you have any questions or require additional infonnation. please call. Sincerely yours, ALDERNW JJ~s=?~, Garet P. Munger Project No. 51103 Page No. 2 Photo 1 December 6, 2006 Cherie Lane View looking west showing buffer restoration north side of South 35th Street. " !!> ' ~ . ,t,' .,..:; ' ... ~~ ~, ") ~. ~\t f, f: , " {i, G ~: ~ ~. !/ I '~: " t+ f.l .". , " ,," ;,,, ~_t .~ Photo 2 December 6, 2006 Cherie Lane Wetland Mitigation View looking south across north side of NGPA Tmct. , I :it ., r ; i~ . ~ . ,. .,;,. ,-'-~'J I( " f· " " ~ 'i ~ ~. ~, q , .~-·r ' .. ~. '1 t,:, i; 'i.' l' 1< , ;<-i.' "i; .. "~I, , ,J' i.~~; ~\!; ,'!I 'i> t, ::, ;~ -f~' "f ~ ~~ : ~ , . • J 'j" '*" N . .1' 'S .. :-"; t Photo 3 December 6, 2006 Cherie Lane Wetland Mitigation View looking west along south side of South 34th Place. Photo 4 December 6, 2006 Cherie Lane Wetland Mitigation View looking west south across mitigation area southwest comer of project. · .' " Photo 5 December 6, 2006 Cherie Lane Wetland Mitigation View looking northeast across main body of mitigation area toward houses on Lots 13 and 14, ;,,.,<" " " l ,~~ ,. ~ :L': " ~ <.~ " s 'K:; ,:t: . :: ~: ~'-~ j' ' .. ( , :f " ·i Jtr~' "I: Ii. ;.,' ':". , .' .~:~ 1 q " .. j- " .,1 >C¢ f. ~ . :';.~ ,( ~~ C' ~ ~ ~~ ~'6 , .~, ,.~ '~ "F' '~ .1 ., l~ ~~ ~~. ; Ii ,.~,~ ~,.' \~ "~~ ""j j. ' . )" • l' '. ; ;, ol', ; .. -:1 .'/, :1" ,t' , ~ .t "i ~ ,'1-. q} ",C"t: ,.,.-+J '~t ~ ~d L r ,. ~'" I" ~~: ;1 :! , , 1 1:. y - '~. r'i :;" tt ~. ~ f.. ~ t.: ~~ !'1 ,~ " ·fi .\~ t " " ~~ ll. ~ { ~ .. .;~ t, <i\ 'I , ,. "l\9f-\'~," r" '.' ·t'''! " . ~/; ! ~, ; .. ';' ~. <~. h: :;'; ~. I:. ~ 'i\ ,'t' 't; ~ i_I H (\'.t' ~: :;(:.: :.i ~ .:: t " , ~> ' .. ,/4, ~~, ,~- ,f,-:'. t'; '<' ': ~ ~.: i ~! ~' , . !r: " ,",', .. , 'i; ~J~ .? t. f ~. " ~; !~{ .' ~' ,;. , ,~~ '.t" ~ ~,~ ~~ f~ , .\~. ',:~ r- .}} '!to; ~: . I,.~ ~;, ;.,\ .. :"'~ ~; t~ ~I'. , i ~: .. : Kathy Keolker, Mayor January 2, 2007 Kevin Wyman , Mackenzie River Homes 165,40 SE 149th Street Renton, WA,,98059 Subject: Wetland Mitlgatioil' installation' Cherie LaneI Fihal Plat , .' ' CITY JF'RENTON, PlannirigIB uildingIPublic Works Department Gregg Zimmerman P.E., Administrator City of Renton Fj,Je LUAQ5-073 ,": ,Dear Mr. W:Yrriam " ' " c ; A certificate ~f installation fTom.yo'ur wetland' b'iolcigist fq~, th~, Chene Lane Wetland'Mitigation J?roject is d,ue to the City ofR~nton bYFehruary'i~'20Q7'" Irthe certi~cate llas'notbeen r&eived hy february} the matter will be handed"over to our'Code'ComJllhinC~ Division.' ' Please send the' informationto'inY ,attention; 'I(yo~ ha~e any questi~nsI 'c~ri bereached'rit42S-" -403~7289. " " ' , . Andrea Petzel, Planner Developme~t Services Division', '. ,:;. " , cc: . cii1~_9J ReniOi1File'No~~~*05",073:'-j , Paul Baker, Cooe-ComplianceclhSpCClor GarefMunger, AlderNW" , ' Jennifer Henn'ing; Current Piantling Malinger , Arnela Henninger, Engineering' Specialist " .. " .: .. . ',' .: , .... . .', " , ',.', " , " ", , " '. I ~ ------)-OS-S-S-ou-th-a-r-ad-y-W-a-y---'R-en-to-n-, W-as-h-in-g-to-n-9-S0-S-S--:.....----R E N TO' N ~ AHEAD OJ" THIicURVB CITY JF RENTON·. PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator October 26, 2006 Kevin Wyman' Mackenzie River I·lomes 16540 SE149th'Street Renton, W A 98059 . . Subject: Wetland Mitigation Installation Cherie Lane IFinal·Plat ... C~jJY6f ~:ent9ifEU~~trJA05~Q73r __ : ~' a ---. ,'. Dear Mr. Wyman: Tharikyou'[oryour resp,on~e regarding th~inst~l1rition_of~etl~.i1d;niitigation~t Cherie.Larte. I , understand·that G~lf(~t Munger of AlderNW Visited the site .during ,tne week of S,eptemb'er'11 th,. and I look forward to receiving hiscertificat~ of installation 'as'soon as possible. ' . 'In ans~er tqyour question; the Cltycioes.nothave':a.~p~ci'fic vendoriorth~ wetl~nd signs,b~t-I am enclosing a template thatsin)~lJir mitigatign:proj~C.f~\~)ave tised:Plea~enote that't~e signs ~hould be. wood or metal,flot plastic. lri.addjiio'!1'·ip,.placing the:wetland~. ~igns ~nd split ra'il . fencing as:soon as possible; please·also confirm thaqh~ erosiop .control .measJ.lres ~nd . hydro seeding ·are· in ·p~ace.. . .' . . YOlJr timdy respons~to this matter'is~eatlYappr.eciateq.· In th~m~aritim~, please f~el fr~e,to contact me at 425.430.7289 with any questions;" . '.' Development Services Division Encl: Wetland Sign Template cc: City of Renton File No, LUADS-O?3 Garct Munger, AlderNW Jennifcr Henning, Current Planning Manager Ameta Henninger, Engineering Specialist . , -------)O-SS-s-o-u-th-O-ra-d-y-w-a-y--R-e-n-to-n,-w-a..;..Sh-i-ng;...to-n-9-8-0S-S------··~ Il:\ ~.,', " , ' .. "on, ........ _" __ ._"_, ~~"' _ ... ____ .. __ • AHEAD OF THE CURVE MACKENZIE' RIVER HOMES INC Andrea Petzel City of Renton P /B/PW 1055 South Grady Way Renton WA 98055 Dear Ms. Petzel: Thursday, September 28, 2006 OevELOA //' crr'Y~~p~NA' ' ?O,,;VING ,/EP) 9 200s 'CEIVED First I'd like to clarify an apparent misconceptio;0e delay of Out wetland mitigation installation. Cherie Lane did not "receive special permission from the City of Renton to begin the dey. opment process prior to . installing the required wetland mitigation proje~t7 Due to a mistake by your planning department we were issued a cons~6ion permit without having a final approved mitigation plan. Being our}fst project requiring a mitigation plan we were unaware that installation 7.d normally be required first. As we prepared to start the mitigal10n installation in the summer 2005, we came to the city for some· clarificJions in the plan. At this point the City realized what had happened ansIlwe were told that .the plan had actually not been approved. By this7pOi.f, 80% of the development construction was complete. Wetland pla~ .revisjns, requested ~~ tlle City, were ?elivere~ in August of 2005 and addil1on~ requested reVlSlOns were delIvered 1n December. Unfortunately it t~k until December 28th for the final approval to be' reached. At that point 7.contractors were too busy to go forward with the installation. So, far frpm being given "special permission" we were delayed by the City for a yea.)tffom when we had planned to install, in Fall 2005, and a year and a half from when it should have been done, in Spring 2005. Now our five year mOniyfnng plan is starting a year later and I will have a wetland-maintenance bond tied up for an extra year. / . / As I stated in my last reply to you, dated June 24th, 2006, "we have strong t incentives to get the wetlands installed so that we can get our security device released." I also have a strong incentive to have it last and the weather here is still in the 80s as I write this. We currently, and still, have Cerna Landscaping scheduled for ~l~tnatelY..JliC __ eJlaJ5COttQ]~e[pending~~rpropriateweather .. --.----~.-~-----~ -. -2-September 28, 2006 N OW, on to getting things don~ _ We-had:.Qan~t-=MUi1ger-E>n:~ite=the::week Qf::--- cS-gptgmDer-Flth-to-fTig-the-~1fcfti~iraiies-oC die' wetlands crea.aori-area~u I have' an -. ~avatorsch:eaWed fo!thf!~'Yeek_ <:)fOc!oberl~th to do the,necessary clearing a,nd-exeava~gmthin ilioseareas. '-------_., _., Attached are letters I sent to the two builders the day before I received your letter. I requested updates from them on the site regarding the clean up so that we can spray hydroseed, install the split rail fence, and schedule the final asphalt lift. Also, the concrete work for installing the mailboxes should be completed the week of September 25 th. ' 7'\. Lastly, an existing question we' had that you brought up: Do you have a '{\ V specific vendor or design approved for the wetlands signs? We certainly understand the City's urgency to get these issues taken care of and we're working ,toward such. We will get them completed in a timely manner in a fashion that will allow them to provide the maximum lifespan and benefit for which the wetlands are intended. Given the complexity of the , surrounding issues, feel free to contact me with any questions or maybe we should have an on-site meeting at some point. Sincerely, ~ . Kevin M Wyman President 16540 SE 149TH ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349 • FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZIERIVERHOMES.COM ~. MACKENZIE RIVER HOMES INC Mitchell Fine Homes 3819 South 380th Street Auburn, WA 98001 Thursday, September 21, 2006 I'd like to plan the secorid lift of asphalt paving as soon as you are ready for it. Would you please make your hest determination as to when the sidewalks will be repaired and when the last of any heavy equipment will be c.rossing the concrete? Once you and Pacific Landmark Homes have coordinated this, please let me know and I'll arrange the paving for as soon as possible after that date. Please also give me an indication of when the dirt work behind the 'cul-de- sac' houses will be completed so I can schedule the split rail fence installation. The city is requiring me to hydro seed all the bare dirt in the common areas, primarily in the areas behind the sidewalks which are not directly in front of the houses as well as the north side and west end of the cul-de-sac. Would you please arrange to get materials and garbage moved off these areas as soon as reasonably possible to make room for the hydroseed? The mailboxes are scheduled to be installed tlle week of September 25th. The wetlands grading will tal{e place in the next few weeks. The wetlands installation will likely be in late·Octobe.r through mod November. Cc:Pacific Landmark Homes Thank you, L-Cf.'/ Kevin M Wyman President 16540 SE 149TH ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349 • FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZIERIVERHOMES.COM MACKENZIE RIVER HOMES INC Thursday, September 21, 2006 Pacific Landmark Homes P.O. Box 1208 Maple Valley, WA 98038 I'd like to plan the second lift of asphalt paving as soon as you are ready for it. Would you please make your best determination as to when the sidewalks will be repaired and when the last of any heavy equipment will be crossing the concrete? Once you and Mitchell Fine Homes have coordinated this, please let me know and I'll arrange the paving for as soon as possible after that date. r Please also give me an indication of when the dirt work behind the 'cul-d:=--t'~~q ~ac' houses will be completed so I can schedule the split rail fence installation~ The city is requiring me to hydroseed all the bare dirt in the common areas, primarily in the areas behind the sidewalks which are not directly in front of the houses as well as the north side and west end of the cul-de-sac. Would you please arrange to get materials and garbage moved off these areas as soon as reasonably possible to make room for the hydroseed? The mailboxes are scheduled to be installed the week of September 25th• The wetlands grading will take place in the next few weeks. The wetlands installation will likely be in late October through mod November. Thank you, ~7 Kevin M Wyman President' Cc:Mitcheli Fine Homes 16540 SE 149TH ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349· FAX: (866) 817-3376 EMAIL: KEVIN@MACKENZIERIVERHOMES.COM , , Kathy Keolker. Mayor September 20, 2006 Kevin Wyman Mackenzie River Homes , 16540 SE 1491h Street Renton, -WA98059 Subject: Wetland Mitigation'Installation Cherie'Lime Final Plat . C=e~Rent~~:File~LUA05=07j~ ,~;. Dear Mr. Wyman: CITyf,F RENTON PlanningIBuildingIPublic Works Department Gr~gg Zimmerman P.E., Administrator As you are aware, CheJie .Lane'platreceived ~pecial permtssion -fT0m th!! City of Renton to' begin the development process prior to installing the re'quiredwetland mitigation project. Phint,' 'insiall~tion w,ns limiteddun,ng the dry summer,months, but rioidha! the weather conditions have , improved I wish to ensuretIiat'the proper'mitigati()1) ,~e~sur~s ~reih place. 'This letter serVes as rioticethat,you have 30 days to provide 'the fqllowirigi~formation:' , " .' Vetification that,the hydrqseeding'and citll(;t~t~mporary erosion/silt control ineasure,s are ' in place.' , '.' " , ", ' , '--' A copy of the signeg contract you have' with'C~1i1a Lanq~caping. • Certificate of ins fa Ii at ion for' the wetland'plantings (this \viI1serve,asthe start ,date for yourS yearsofrequire~.n;taintenanceand,mqnitoJing);, .,'~', :', " :" • 'VeJification that split ral]rf~nciri.g· and ~ative, drbWth ~roiection Area siglls are in pla~e: • I will follow up with you in 30 days to c'h~firm that',thc'steps outlined above'have:beer'l taken., In the meantime, please feel rree to cQntactme at 425.430.7289 with any questions. ,', ' . .. '. '. " Sincerely, fkkk~ Andrea Petzel Development Services DivisJo.n , cc: ~' -------IO-SS-s-o-u-th-O-ra-d-y-W-a-y-.R-:"e-n-to-n,-W-as-h-j-ngt-o-n-9-g-0S-S------R E N ,T 0 N ;a:,. _" ... _" .. 'M' AHEAD OF TH E CURVE July 6, 2006 Kevin Wyman Mackenzie River Homes 16540 SE 149th Street Renton, W A 98059 CITY ~F RE'NTON' PJanningIBuildingIPubJicWorks Department Gregg Zimmerman P.E., Administrator L jJ -a. 'fW( ().HJ lMJ. plaV\ ~ 12/6$ Subject: Deferral of Wetland Mitigation Installation . Cherie Lane Final Plat City of Renton File No. LUA05·073 Dear Mr. Wyman: J am writing in response to your letters dated June 23rd and Jlme 29!h 2006 regarding,the installation ofthe wetland mitigation' project 'at c.herie, Lane. As you ,are aware, Cherie Lane'plat received special permissiont~ begin building development priortQ installirig the required wetland mitigqtion project. . , While, J understand,the liinitati(m·ofplantin~tallation 'during th,e dry summer months, J Wish to ,'ensure that the proper mitig~tion !l1c.asures are in place to protect critical areas'dutjng; , construction. Please .verify that'the ,hydroseeding arid other temporary erosioyYsilt control, . measures are 'in place as'soon ~~possible. lwould appreciate receiying a copy of the .. contract you have with Cerna Landscaping, 'as well as'a 'g~neraltlrtl~drame for\vh'enthey will begin plant installation. . Installin&, the split tail fencing and Na,tive GroWthPr.ot~ction i\r~a signs were bothcoriditions of final plat'approval'and typically ate;in'sta.1led priotto finafplatrecording., Please make sure that Qoth are ,in place as soon as possible; . I 1000k forward to an upd~te' on your'pr~gress; Ple~se feel free to contact me at 425-430·7289 with any questions.,' , Sincerely, Andrea Petzel Development Services DivisJon cc: AlderNW Jennifer Henning Arneta Henninger mle7Noc;tUi'\O$,-;;QItJ ---------------)-O-55-S-o-ut-h-a-rn-d-y-W-ay-.-R-e-nt-o-n,-W-a-Sh-in-~-o-n-9-8-05-5~----------~ AHEAD OF THE CURVIl MACI(ENZIE RIVER HOMES INC Andrea Petzel City of Renton 1055 South Grady Way Renton Wl\ 98055 Dear Ms. Petzel: June 29, 2006 utV~'ff:M~~~~%N'NG JUN 30 2006 ' RECEIVED I addressed this to you since you were the person who recently contacted me about our other deferrals. Please let me know if I should still be working with Arneta. I'm writing to give you an update on our hydroseecling requirement that was defer.red unti] June 30th. At this time the home builders still cur.rently have materiaJs staged over several of the areas tllat are to be seeded. We expect for tJleir matedaJs and stockplies to be gone and the areas open for hydroseeding within a few weeks. We will apply tlle seed as soon as possible. Please contact me via phone, mail or ema.il if there is anything else you would like to discuss or have questions about. Sincerely, ~;':' President 16540 SE 149'1'11 ST • RENTON WA • 98059-8822 PHONE: (206) 419-0349 • FAX: (866) 817-3376 EMAIL: KEVTN@MACKENZIERIVERHOMES.COM I 6 J line 2006 Kevin Wyman Mackenzie River Homes 16540 SE 1491hStreet Renton, W A 98059 CITY~F :RENTON PJanningIBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Second Request for Verification of Wetland' Mitigation Installation ,for Cherie Lane City of Renton File No. LUA05-073 Dear Mr. Wyman: On 4/18/06 the Cherie Lane plat (LUA05-073) was officially recorded with KingCollnty. As you are aware, ,a special ex'ceptioriwas made for this proj'ect, which ailowed you to install wetland, mitigation subsequent to recording, but-within 90:days of the recording date. In order t,o release yoursecurefund!l for the wetland mitigation construction and installation, I need written certification of iilstallatlonJrom YO,ur wetla'nds biologist,~erifying that plantings have been installed per the final ,wetland mitigation and maintenance/monitoring,plan (approved by the City , of Renton 12/28/05). TI1is letterser.ves as the second riotice'requesti~g certification of installation as soon as possible, but no later than 7118/20'06 (90 days'ofplat recoidirtg);, Receipt cifthe'installation certification marks the beginning of your minimum S-yeat monit9ring period. Monitoring reports arereqllired, quarterly' for the first year, 'ai1d'a~nually for the follo~:rtg four-years. ' If at any time during the 5-year miriimummonitoring periodwetlanq conditions fall below the thresholds of the Standards of Suqcess as stated by AlperNW (your wetland biologi~ts), the monitoring period must be restarted'once satisfactory condition,s are met. ' Feel free to contact me at 425-430-7289 with any questions. Sincerely, ,1 cc: AlderNW Jennifer I-[enning .~~!a_Henninger _, "_ L.Ri le.No.LUAQ5:Q2~ ~,3 ------)-O-SS-s-o-ut-h-G-ra-dy-W-ay---R-e-nt-on-,-W-a-sh-in-gt-o-n-9-S0-S-S------~ AliEAI) OF THE CURVE MACKENZIE RIVER HOMES INC Andrea Petzel City of Renton June 23, 2006 1055 South Grady Way Renton Wl\ 98055 Dear Ms. Petzel: I'm w.riting, in response to your request for verification of the wetlands installation at the plat of Cherie Lane, LUA05-073. As you're no doubt aware, we have strong incentives to get the wethtnds installed so that we can get our security device released at the bank. We also want to get the five year monitoring period started so we can get it ended. Having said that, we are not aware there was an installation deadline set. Currently we have contracted with Cerna Landscaping to do the installation this fall. They, as well as the other firms who bid the project, do wetlands installations in the fall both for survivability of the installation as well as the fact that all of the "cuttings" speci fied in the approved plan are only available in the, fall. Also, a summer installation would require large amounts of water to be brought in for irrigation which is generally considered not environmentally friendly: We had originally planned the installation for last fall but the plans were not approved until late December 2005. Please keep in mind they were submitted in the first quarter of 2005. If it would make everyone .more comfortable I can probably arrange to get most of the split mil fencing and protected area signs up in "the next 60 to 90 days. Please contact me via phone, mail or email if tl1ere is anything else you would like to discuss or have questions about. Sincerely, ,~- President, 16540 SE 149'1'11 ST • RENTON WA • 98059-8822 PI-fONE: (206) 419-0349 • FAX: (866) 817-3376 EMA fL: KEVIN@MACKENZIERIVERHOMES.COM ·1.- Return Address: . City Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 Please prinl or type Information WASHINGTON STATE RECORDER'S Cover Sheet CRew 6504) Documen t Title(s} (or transactions contained therein): (all areas applicable to your document !!!!ill be filled in) f. 7:Jx"haltlan. Ill.. fr:;.WtlO/ICS 2. 3. 4. Reference Number(s) of Documents assigned or released: lao" 0,,"'8 Ol)/O·q.$ Additional reference #'s on page __ of document Grantor(s} (Last name, first name, initials) 1.!l1.tu:.);e~i!.t.e.. ~i/rc. ~/!lt:.~ .J::'IjL , 2. , Additional names on page __ of document. Grantee(s) (Last name first, then flTst name and initials) 1. , 2. , Additional names on page __ of document. .. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) L.a'is· j -I.h t::. eu;;o'\ u!. ~~tJ. e. .~ . Additionalleg~l is on page A-of document. Assessor's Property Tax ParceVAccount Number' [)a Assessor Tax # not yet assigned .' The AuditorlRecorder will rely on the infol1Tl<1tion provided on the form. The staff will not read the document to. verify the accuracyor completeness of the indexingirifonnationprovided herein. .. I am requesting an emergency nonstandard recording for an addItIonal fee as provIded m RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. llltldp/l.,I( Rt/&c ![m'?ICS, J;,.~ Signature of Requesting Party DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE Declarant. as the owner in fee of real property legally described as Lots 1-16 Cherie Lane, according to the plat thereof recorded at Volume through JrlL, inclusive. recorded at King County Recorder's File Number situate in King County, Washington of Plats, pages D.b8' o 0 ao lo9.L. Also known as The South one-half of the Northwest one-quarter of the Southwest one-quarter of Section 29. Township 23 North. Range 5 East. W.M .. in King County, Washington: EXCEPT the North 330 feet: AND EXCEPT the East 660 feet thereof. SITUATE in the County of King, State of Washington. and all streets and tracts delineated on the plat (hereafter the "Real Property"), hereby covenants, agrees and declares that all of the Properties and Housing Units constmcted on the Properties are and will be held, sold, and conveyed subject to this Declaration. which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of all of the Properties and their owners. The covenants, restrictions, reservations, and conditions contained in this Declaration shall nm with the land as' easements and equitable servitudes, and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. This Declaration and its exhibits consist of LB-pages, including the title pages but not including the Recorder's Cover page preceding this page. Declarant Mackenzie River Homes Inc State of Washington S5 County of King I certify that I know or have satisfactory evidence that Kevin M Wyman is the person who appeared before me, and said person acknowledged that he was authorized to execute the instnunent and acknowledged it as the President of Mackenzie River Homes Inc to be the free and voluntary act of such party for the uses and purposes mentioned in this instnt1l1ent. ===-~~L-.L....!:=""",,<=:::..-,--_(printed name) My Appointment Expires 7 '-10 ·'"07- DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - A COVENANTSCover.doc ARTICLE ONE Definitions ARTICLE TWO Reserved ARTICLE THREE Management of Common Are.1S and Enforcement of Declaration Section One Development Period Section Two Purpose of Development Period Section Three Authority of Association after Development Period Section Four Delegation of Authority ARTrCLE FOUR Membership ARTICLE FIVE Voting Rights ARTICLE S[X Property Rights in Common Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance -Common Areas Section Two Standard of Maintenance -Lots Section Three Remedies for Failure to Maintain Section Four Common Expenses ARTICLE EIGHT Assessments Section One Types of Assessments Section Two Determination of Amount .section Three Cenificate of Payment Section Four Special Assessments Section Five Reserved Section Six Fines Treated as Special Assessments ARTICLE NINE Collection of Assessments Section One Lien -Personal Obligation Section Two Delinquency Section Three Suspension of Voting Rights Section Four Commence,ment of Assessments Section Five Enforcement of Assessments ARTICLE TEN Building, Use and Architectural Restrictions Section One Development Period Section Two Authority of ACC after Development Section Three Delegation of Authority of ACC Section Four Appointment of ACC Section Five Approval by ACC Required Section Six Temporary Stmctures Prohibited Section Seven Nuisances Section Eight Limitation on Animals Section Nine Limitation on Signs Section Ten Complet ion of Constmction Projects Section Eleven Unsightly Conditions Section Twelve Antennas, Satellite Reception Section Thineen Setbacks Section Fourteen Roofs Section Fifteen Fences, Walls Section Sixteen Residential Use Only, /-lome Business Limited Section Seventeen Underground Utilities Required Section Eighteen Limitation on Storage of Vehicles Section Nineteen Enforcement ARTICLE ELEVEN Easements Section One Ease'ments for Encroachments Section Two Easements on E:-.1erior Lot Lines Section Three Association's Easement of Access Section Four Easement for Developer DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTTONS FOR CHERIE LANE -B COVENANTSCo\'cr,doc ARTICLE TWELVE Section One Section Two Section Three Section Four Section Five Section Six Section Seven Section Eight Section Nine ARTrCLE THIRTEEN ARTICLE FOURTEEN Section One Section Two ARTICLE FIFTEEN ARTICLE SIXTEEN Section One Mortgage Protection Mortgagees Liability Limited Mortgagee's Rights during Foreclosure Acquisition of Lot by Mortgngee ~eaIlocation of Unpaid Assessment $ubordination Mortgagee's Rights Limitation on Abandonment of Common Areas Notice Management Contracts Insurance Coverage Replacement, Repair after Loss Rules and Regulations Remedies and Waiver Remedies Not Limited Section Two No Waiver ARTrCLE SEVENTEEN General Provisions Section One Singular and Plural Section Two Severability Section Three Duration Section Four Attomey's Fees, Costs and E~lJenses Section Five Method of Notice Section Six Section Seven Section Eight ARTrCLE ElyHTEEN Section One Section Two Section Three Section Four Section Five Enforcement of Declaration Successors and Assigns Exhibits Amendment and Revocation E."c1usive Method Amendment by Developer Voting Effective Date Protection of Developer DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - C COVENANTSCover.doc DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE ONE Definitions For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows "ACC" shall mean the Architectural Control Committee, as described in Article Ten, Section Four 2 Reserved 3 "Articles" shall mean the Association's articles of incorporation and any amendments 4 "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering this Declaration 5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association 6 "Bylaws" shall mean the Association's Bylaws and any amendments 7 "Common Areas" shall mean the property, both real and personal, in which the Association has been granted an ownership interest, easement, lease or other right of control, by written instrument, by delineation on the Plat 8 "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements and restrictions, and any amendments thereto 9 "Developer" shall mean the Declarant Mackenzie River Homes Inc, or any persons or entities to which it assigns all or a portion of its rights as Developer, or succeeds to its interest. To the extent that a portion of the Developer's rights and responsibilities are assigned, the assignee may exercise the rights and perform the responsibilities described in the assignment 10 "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been improved by construction of single family homes by the Developer or its assignees, or any shorter period as agreed to by all of the Developer's assignees. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period 11 "Housing Unit" shall mean the building occupying a Lot 12 "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state taws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon 13 "Lot" shall initially refer to one of the Lots located in the Real Property described herein DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 1 14 "Member" shall mean every person or entity that holds a membership in the Association 16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties 17 . "Neighborhood SeNices" shall mean any seNices that the Association is required to provide for the benefit and of the Lots or related to their use by conditions described on the Plat, in any recorded easement or agreement, this Declaration, or applicable law 18 "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner 19 "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity 20 "Plat" shall mean the plat of Cherie Lane, described on the first page of this Declaration, together with all requirements described or referenced therein 21 "Properties" shall mean the Real Property 22 "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract ARTICLE TWO ReseNed ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period During the Development Period, the Association and the ACC, together with all Common Areas and all Neighborhood SeNices administered by the Association shall, for all purposes, be under the management and administration of the Developer or its assignees. During the development period, the Developer shall appoint the directors of the Association provided in the Bylaws, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint members of the Association to such committees or positions in the Association as the Developer deems appropriate, to seNe at the Developer's discretion and may assign such responsibilities, privileges and duties to the members as the Developer determines, for such time as the Developer determines. Members appointed by the Developer during the Development Period may be dismissed at the Developer's discretion Section Two Purpose of Development Period The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 2 Section Three Authority of Association After Development Period At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas, the Neighborhood Services, and to enforce this Declaration, Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration, together with other duties that may be assigned to the Association in any easement, agreement or on the Plat The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five Section Four Delegation of Authority The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation, The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer ARTICLE FOUR Membership Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for, or recordation of any other instrument signifying ownership of, such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association ARTICLE FIVE Voting Rights Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by means other than personal attendance at meetings, such as mail, electronic mail, or facsimile ARTICLE SIX Property Rights in Common Areas The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on the Common Areas, subject to any restrictions delineated on the Plat of the Properties. The Association shall have the exclusive right to use and manage the Common Areas and any easements in which the Association holds an interest in a manner consistent with the Plat, this Declaration, the Articles and the Bylaws of the Association or in any easement During the Development Period, the Developer shall have the exclusive use of the Common Areas for the placement of structures, signs and materials related to the construction and marketing of homes on the Real Property, without compensation to the Association. The Board shall have the power, in addition to all other powers granted it by this Declaration, the Bylaws, applicable law and any easements, to grant additional easements or enter into agreements related to the Common Areas without further approval of the Members to the fullest extent permitted under law, as if the Board is the sole owner of the Common Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance -Common Areas The Association shall maintain the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 3 Common Areas and any easements in which the Association holds an interest in a manner consistent with good building and nursery practices, in compliance with all applicable governmental codes, regulations, easements and agreements. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section Two Standard of Maintenance -Lots Each Lot Owner hereby covenants and agrees to maintain the Owner's respective Lot, and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain the Owner's home so that the Real Property will reflect a high pride of ownership Unless otherwise specified on the Plat, each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on the owner's Lot Section Three Remedies for Failure to Maintain If any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and the Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after. the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice Section Four Common Expenses The Association shall perform such work as is necessary to perform all Neighborhood Services, and to carry out all the duties described in this Declaration, the Plat, and in any easement or agreement made by the Association. The Association shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following The real and personal property taxes levied upon the Association for the Common Areas, 2 The cost of maintaining (a) insurance coverage for the Common Areas and (b) insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC, DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 4 3 The cost of maintaining, repairing, replacing, operating and leasing all Common Areas and their improvements (which Common Areas shall include any Wetlands, Sensitive Area or Open Space Tracts described on the plat which the Association owns or is designated as the party responsible for their maintenance and repair) Such costs include, but are not limited to, stormwater detention facilities, landscaped entries, signs, lights, fences, walls, postal service boxes, easements, controlling vegetation, plantings and landscaping (if not maintained by applicable governmental jurisdiction) 4 Any other expense which shall. be designated as a Common Expense in the plat of the Property, the Declaration, its Exhibits, the easements and the agreements of the Association, or from time to time are identified by the Association ARTICLE EIGHT Assessments Sect jon One Types of Assessments Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the 'Association, or by the Developer during the Development Period Section Two Determination of Amount The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer or its assignees, without the consent of the Developer or the assignees. The Association may create and maintain from assessments reserve funds for replacement of Common Areas and their improvements. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the prior assessment shall be automatically continued at the sum previously set by the Board until such time as the Board acts in the manner provided by RCW Chapter 64 38 (or any successor statute permitting automatic adjustments in the budget) Sect jon Three Certificate of Payment The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid Section Four Special Assessments In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer and its assignees shall not be obligated to pay any special assessments on Lots owned by the Developer or its assignees. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which are not for the upgrade, repair or replacement of existing improvements, shall require approval of two-thirds the Members Section Five Reserved Section Six Fines Treated as Special Assessments Any fines levied by the Association DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 5 pursuant to RCW Chapter 64 38 (or any successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Nine ARTICLE NINE Collection of Assessments Section One Lien -Personal Obligation All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot Section Two Delinquency If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Assoqiation, and shall be for the benefit of the Association The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three Suspension of Voting Rights In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all paymE;lnts are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration Section Four Commencement of Assessments The assessments may commence as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the Lot after it is improved by construction of a single-family home. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer or the Developer's assignee who constructed the home on the Lot may collect from each Purchaser an amount equal to one year's assessment for the Association, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association Section Five Enforcement of Assessments The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Seventeen, Section Five DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 6 " ARTICLE TEN Byilding, Use and Architectural Restrictions Section One Development Period The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association Section Two Authority of ACC After Development At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration Section Three Delegation of Authority of ACC The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any p'erson, firm, or corporation Section Four Appointment of ACC After the Development Period, the Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. If the Board fails to appoint the members of the ACC, or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section Five Approval by ACC Reguired Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained Time Limits If the ACC or its authorized representative shall fait to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U SMail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Members 2 Guidelines The ACC may adopt and amend, subject to approval by the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 7 board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request 3 Meetings The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise 4 No Waiver Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval . 5 Consultation The ACC may retain and consult persons or entities to assist in ·the evaluation of plans submitted to the Board for review 6 Appeals After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board 7 Enforcement The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board 8 No Liability The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC 9 Fees The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board Section Six Temporary Structures Prohibited No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC Section Stlven Nuisances No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64 38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance Section Eight Limitation on Animals No animal, livestock or poultry of any kind shall be DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 8 raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration Section Nine Limitation on Signs No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner, or the Owner's agent. I n addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot, the right to maintain upon the property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer Section Ten Completion of Constryction Projects The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer or its assignees, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Housing Unit, and rear yard landscaping must be completed within one year of completion of a Housing Unit. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed . Section Eleven Unsightly Conditions No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, Junk or other debris, inappropriate, broken or damaged furniture or plants, non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items, and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve Antennas. Satellite Reception Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Ten, Section Five. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Article Ten, Section Five, and a showing by the Owner that such installation will be visually shielded from most of the view of the residents traveling upon streets located on the Properties Section Thirteen Setbacks No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties Section Fourteen Roofs Roofs on all buildings must be finished with materials approved for use by the ACe or its authorized representatives. More than one type of material may be approved DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 9 Section Fifteen Fences Walls In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the Properties, whether visible to the other Lots or not, shall be constructed and finished according to the standard fence detail, as. such detail is initially designated by the Developer during the Development Period, and continued or modified by the ACC after the Development Period. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the Developer, the ACC or the Board Section Sixteen Residential Use Only Home Businesses Limited Except for Developer's and its assignees' temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home, nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time. promulgate rules restricting the activities of Home Businesses located on the Properties pursuant to the authority granted to the Association under these Covenants, the Bylaws, and RCW Chapter 6438 Section Seventeen Underground Utilities Required Except for any facilities or equipment provided by the Developer, its assignees, or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground . . Section Eighteen Limitation on Storage of Vehicles The Lots, Common Areas arid/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, non-commercial trucks and motorcycles. Boats, boat trailers, house trailers, campers, commercial trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets on the Properties. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed unless stored in a garage. Section Nineteen Enforcement The Association, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64 38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64 38), but the Member must first obtain an order from a court of competent Jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to Join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action ARTICLE ELEVEN Easements Section One Easement for Encroachments Each Lot is, and the Common Areas are subject DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -10 .f to .an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and for maintenance of the same as long as the improvements remain. Sect jon Two Easements on Exterior Lot Lines In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible Sect jon Three Association's Easement of Access The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Seven, Section Three of this Declaration, (b) repair, replacement or improvement of any Common Area accessible from that Lot, (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon, (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do, and (e) all acts necessary to enforce this Declaration Section Four Easement for Developer Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property ARTICLE TWELVE Mortg§ge Protection Sect jon One Mortgagees Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot Section Two Liability Limjted The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided Section Three Mortgagee's Rights puring Foreclosure During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges Section Four Acquisition of Lot by Mortgagee At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -11 declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot· Section Five Reallocation of Unpaid Assessment If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association Section Six Subordination The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest Section Seven Mortgagee's Rights Any Mortgagee shall have the right on request therefore to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting Section Eight Limitation on Abandonment of Common Areas The Association shall not, without the prior written approval of sixty-seven percent (67%)"of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Such abandonment of all or a portion of the Common Areas shall require approval of the City of Renton. Section Nine Notice If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities, (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities, (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days, (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, and (f) any proposed action that requires the consent of a specific percentage of Mortgagees ARTICLE THIRTEEN Management Contracts Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice ARTICLE FOURTEEN Insurance DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -12 " Section One Coverage The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association, It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice Section Two Replacement. Repair After Loss In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred, provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the members of the Association The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas ARTICLE FIFTEEN Rules and Regulations During the Development Period the Developer may adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests, and to establish penalties for the infraction thereof After the Development Period, the Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64 38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64 38 ARTICLE SIXTEEN Remedies and Waiver Section One Remedies Not Limited The remedies provided herein, including those for collection of any assessment or other change or claim against any Member, for and on behalf of the Association, the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law Section Two No Waiver The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -13 regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors ARTICLE SEVENTEEN General Provisions Section One Singular and Plural The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed Section Two Severability The invalidity of anyone or more phrases,' sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted Section Three Duration These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof, Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as herein provided Section Four Attorney's Fees, Costs and Expenses In the event the Association or a Member employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Five Method of Notice Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted and received by facsimile, The association may adopt other methods for providing notice by resolution of the Board, provided that the methods adopted are reasonably calculated to provide actual notice to the recipients of the notice Section Six Enforcement of Declaration This Declaration may be enforced by the Association, the Developer or the Owner of any lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association, or the provisions of the Articles or Bylaws of the Association Section Seven Successors and Assigns This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Developer, the Members and the Owners Section Eight Exhibits All exhibits referred to in this Declaration are incorporated within the Declaration DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -14 '. ARTICLE EIGHTEEN Amendment and Revocation Section One Exclusive Method This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law Section Two Amendment by Developer During the Development Period, the Developer may amend this instrument to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument Section Three Voting This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have given notice to the Association requesting notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following (1) voting rights, (2) assessments, assessment liens and sLlbordination of such liens, (3) reserves for maintenance, repair and replacement of Common Areas, (4) insurance or fidelity bonds, (5) responsibility for maintenance and repair, (6) contraction of the project or the withdrawal of property from the Properties, (7) leaSing of Housing Units other than as set forth herein, (8) imposition of any restrictions on the right of an Owner to sell or transfer a Lot, (9) restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration, (10) any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs, or (11) any provisions which are for the express benefit of Institutional First Mortgagees. However, there shall be no amendment to Article 2 Section Two regarding maintenance of the drainage facilities and emergency access road, without the prior written permission of the City Section Four Effective Date Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded Section Five Protection of DevelopE![ For such time as Developer or its assignees shall own any Lot located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the' Bylaws of the Association, or any Rules and Regulations adopted by the Association which (1) discriminate or tend to discriminate against the Developer's rights, (2) change Article I in a manner that alters the Developer's right or status, (3) alter the character and rights of membership or the rights of the Developer as set forth in Article III, (4) alter its rights as set forth in Article X relating to architectural controls, (5) alter the basis for assessments, or the Developer's exemption from assessments, (6) alter the number or selection of Directors as established in the Bylaws, or (7) alter the Developer'S rights as they appear under this Article DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -15 ,~ . Kathy Keolker. Mayor PlanningIBuHdinglPublic Works Department Gregg Zimmerman ~.E., Administrator 20 April 2006 Kevin Wyman Mackenzie River Homes 16540 SE 1491h Street' Renton, W A 98059 SUb.lect: Verification of Wetland Mitigation Installation for Cherie Lane City of Renton File No. LUA05-073 Dear Mr. Wyman: On 4118/06 the Cherie Lane plat (LUA05-073) was officially recorded with King County. As you are aware, a special exception was made for this 'project. which allowed you to install wetland mitigation subsequent to recording, but within QO days of the recording d~te. In order to releas'e your secure funds for the wetland initigation construction and inst~llation,I need written certification of Instalhdlon'ff'om your wetlands biologist, verifying that plantings have been instaJled per the final wetland: mitigation andmaintenance/monit6ring.plan (received 12/28/05 ' andappioved by the City of Renton 12/28/05). " Please submit the certification ofinstallat;'on as soopaspossible, but no'laterthan 7/18/2006 (90 days of plat recording).' Receipt of the inst~nation certification marks the beginning of your minimum 5-year monitoring period. Monitoring rep0t:ts are required,quarterly for the first year, and annually for the following four years. ' , If at any time during the 5-year minimum monitoring period wetland'conditions'faU below the thresholds of the Standards of Success as stated by t\lderNW:(your wetland biologists), the monitoring period must be restarted once satisfactory condition~ are'met. Feel free to contact me at 425-4300:7289 with any questions. Assistant Planner cc: AlderNW Jennifer Henning File No. LUA05-073 ------J-O-SS-s-o-u-th-O-ra-d-y-W-a-y --R-e-n-to-n.-W-a-sh-j-ngt-o-n-9-8-0S-S------~ (i) This paper conlains 50% recycled malerial, 30% post consumer AHEAD OF THE CURVE i /:.:: .. ii~.::·" f.:.~_~!i .... : .. .~.H'§! .. 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PL ~NNINr' s u~tE YING JOB Ne)'_ q30~p :~:·::: .. :_ ... ~:i::·· DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE Declnnlnt, ns the owner in fcc of renl property legnlly described as Lots 1-16 Cherie Lane, according to the plat thereof recorded at Volume __ of PlilIS, pnges __ through __ , inclusive. recorded at King County Recorder's File Number _________ _ situate in King County, Wnshington Also known as The SOllth one-half of the Northwest one-quarter of the Southwest one-quarter of Section 29, Township 23 North, Range 5 Enst, W.M .. in King County, Washington: EXCEPT the North 330 feet: AND EXCEPT the East 660 feet thereof. SITUATE in the COllnty of King, State of Wnshington. nnd all streets nnd tracts delineated on the plat (hereafter the "Real Property"), hereby covenants, agrees and declares thill all of the Properties and Housing Units constmcted on the Properties are and will be held, sold. and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the vnlue, desirability and al1rnctiveness of the Properties for the benefit of all of the Properties and their owners. The covenants, restrictions, reservations, and conditions contained in this Declaration shall nUl with the land as easements and equitable servitudes, and shall be binding upon the Properties and each portion thereof and nil persons owning, purchasing. leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, sllccessors and assigns. This Declaration and its exhibits consist of 1-8_ pages, including the title pages but not including the Recorder's Cover page preceding this page. Declarant Mackenzie River Homes r nc State of Wnshington ss County of King I certify that I know or have satisfnctory evidence that Ke\~n M WYl11nn is the person who nppenred before me, nnd said person acknowledged that he was authorized to execute the instrument and acknowledged it as the President of Mackenzie River Homes Inc to be the free and voluntary act of such party for the uses and purposes mentioned in this instnlll1ent. f· ( " '/ Dated nO. 0,. (printed name) Notary Public . My Appointment Expires-=:Z ,-/0 -07- DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - A l'I)VEN,~NTSCov",.doc ARTICLE ONE Definitions ARTICLE TWO Reserved ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period Section Two Purpose of Development Period Section Three Authority of Association after Development Period Section Four Delegation of Authority ARTICLE FOUR Membership ARTICLE FIVE Voting Rights ARTICLE SIX Property Rights in Conunon Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance -Con)mon Areas Section Two Standard of Maintenance -Lots Section Three Remedies ·for Failure to Maintain Section Four Common Expenses ARTICLE EIGHT Assessments Section One Types of Assessments Section Two Determination of Amount Section Three Certificate of Payment Section Four Special Assessments Section Five Reserved Section Six Fines Treated as Special Assessments ARTICLE NINE Collection of Assessments Section One Lien -Personal Obligation Section Two Delinquency Section Three Suspension of Voting Rights Section Four Commencement of Assessments Section Five Enforcement of Assessments ARTICLE TEN Building, Use and Architectural Restrictions Section One Development Period Section Two Authority of ACC after Development Section Three Delegation of Authority of ACC Section Four Appointment of ACC Section Five Approval by ACC Required Section Six Temporary Stmctures Prohibited Section Seven Nuisances Section Eight Limitation on Animals Section Nine Limitation on Signs Section Ten Completion of Construction Projects Section Eleven Unsightly Conditions Section Twelve Antennas, Satellite Reception Section TIlirteen Setbacks Section Fourteen Roofs Section Fifteen Fences, Walls Section Sixteen Residential Use Only, Home Business Limited Section Seventeen Underground Utilities Required Section Eighteen Limitation on Storage of Vehicles Section Nineteen Enforcement ARTICLE ELEVEN Easements Section One Easeinents for Encroachments Section Two Easements on E:\1erior Lot Lines Section Three Association's Easement of Access Section Four Easement for Developer DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - B COVENANTSCoV<f.doc ARTICLE TWELVE Section One Section Two Section Three Section Four Section Five Section Six Section Seven Section Eight Section Nine ARTICLE THlRTEEN ARTICLE FOURTEEN Section One Section Two ARTICLE FIFTEEN ARTICLE SIXTEEN Section One Section Two ARTICLE SEVENTEEN Section One Section Two Section Three Section Four Section Five Section Six Section Seven Section Eight ARTICLE EIGHTEEN Section One Section Two Section Three Section Four Section Five Mortgage Protection Mortgagees Liability Limited Mortgagee's Rights during Foreclosure Acquisition of Lot by Mortgagee ~eallocation of Unpaid Assessment ,$ubordinatjon Mortgagee's Rights Li mitation on Abandonment of Common Areas Notice Management Contracts Insurance Coverage Replacement, Repair after Loss Rules and Regulations Remedies and Waiver Remedies Not Limited No Waiver General Provisions Singular and Plural Severability Duration Attorney's Fees, Costs and E~\penses Method of Notice Enforcement of Declaration Successors and Assigns Exhibits Amendment and Revocation Exclusive Met hod Amendment by Developer Voting Effective Date Protection of Developer DECLARATION OF COVENENTS. CONDITIONS, EASEMENTS AND RESTRTCTIONS FOR CHERIE LANE -C DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE ONE Definitions For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as fOllo,,:,s "ACC" shall mean the Architectural Control Committee, as described in Article Ten, Section Four 2 Reserved 3 "Articles" shall'mean the Association's articles of incorporation and any amendments 4 "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering this Declaration 5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association 6 "Bylaws" shall mean the Association's Bylaws and any amendments 7 "Common Areas" shall mean the property, both real and personal, in which the Association has been granted an ownership interest, easement, lease or other right of control, by written instrument, by delineation on the Plat B "Declaration" shall mean this Declaration of Protective Covenants, Conditions: Easements and restrictions, and any amendments thereto 9 "Developer" shall mean the Declarant Mackenzie River Homes Inc, or any persons or entities to which it assigns all or a portion of its rights as Developer, or succeeds to its interest. To the extent that a portion of the Developer's rights and responsibilities are assigned, the assignee may exercise the rights and perform the responsibilities described in the assignment 10 "Development Period" shall mean the period of time from the date of recording of this Declaration until1BO days after the date upon which 100% of the lots have been improved by construction of single family homes by the Developer or its assignees, or any shorter period as agreed to by all of the Developer's assignees. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period 11 "Housing Unit" shall mean the building occupying a Lot 12 "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state taws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon 13 "Lot" shall initially refer to one of the Lots located in the Real Property described herein DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 1 t 14 "Member" shall mean every person or entity that holds a membership in the Association 16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties 17 "Neighborhood Services" shall mean any services that the Association is required to provide for the benefit and of the Lots or related to their use by conditi.ons described on the Plat, in any recorded easement or agreement, this Declaration, or applicable law 18 "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner 19 "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity 20 "Plat" shall mean the plat of Cherie Lane, described on the first page of this Declaration, together with all requirements described or referenced therein 21 "Properties" shall mean the Real Property 22 "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an rnstrument of transfer such as a deed or real estate contract ARTICLE TWO Reserved ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period During the Development Period, the Association and the ACC, together with all Common Areas and all Neighborhood Services administered by the Association shall, for all purposes, be under the management and administration of the Developer or its assignees. During the development period, the Developer shall appoint the directors of the Association provided in the Bylaws, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint members of the Association to such committees or positions in the Association as the Developer deems appropriate, to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the members as the Developer determines, for such time as the Developer determines. Members appointed by the Developer during the Development Period may be dismissed at the Developer's discretion . Section Two purpose of Development Period The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 2 Section Three Authority of Association After Development Period At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas, the Neighborhood Services, and to enforce this Declaration, Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration, together with other duties that may be assigned to the Association in any easement, agreement or on the Plat The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five Section Four Delegation of Authority The Board of Directors or the Developer may delegate any of its managerial duties. powers, or functions to any person, firm, or corporation, The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer ARTICLE FOUR Membership Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for, or recordation of any other instrument signifying ownership of, such Lot. Membership may not be separated from ownership of any Lot.. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association ARTICLE FIVE Voting Rights Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by nieans other than personal attendance at meetings, such as mail, electronic mail, or facsimile ARTICLE SIX Property Rights in Common Areas The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on the Common Areas, subject to any restrictions delineated on the Plat of the Properties. The Association shall have the exclusive right to use and manage the Common Areas and any easements in which the Association holds an interest in a manner consistent with the Plat, this Declaration, the Articles and the Bylaws of the Association or in any easement During the Development Period, the Developer shall have the exclusive use of the Common Areas for the placement of structures, signs and materiaJs related to the construction and marketing of homes on the Real Property, without compensation to the Association. The Board shall have the power, in addition to all other powers granted it by this Declaration, the Bylaws, applicable law and any easements, to grant additional easements or enter into agreements related to the Common Areas without further approval of the Members to the fullest extent permitted under law, as if the Board is the sole owner of the Common Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance -Common Areas The Association shall maintain the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 3 , Common Areas and any easements in which the Association holds an interest in a manner consistent with good building and nursery practices, in compliance with all applicable governmental codes, regulations, easements and agreements. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section Two Standard of Maintenance -Lots Each Lot Owner hereby covenants and agrees to maintain the Owner's respective Lot, and the Housing Unit lO'Cated thereon in the same condition as a reasonably prudent homeowner would maintain the Owner's home so that the Real Property will reflect a high pride of ownership Unless otherwise specified on the Plat, each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on the owner's Lot Section Three Remedies for Failure to Maintain If any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and the Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association .may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice Section Four Common Expenses The Association shall perform such work as is necessary to perform all Neighborhood Services, and to carry out all the duties described in this Declaration, the Plat, and in any easement or agreement made by the Association. The Association shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following The real and personal property taxes levied upon the Association forthe Common Areas, 2 The cost of maintaining (a) insurance coverage for the Common Areas and (b) insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC, DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 4 3 The cost of maintaining, repairing, replacing, operating and leasing all Common Areas and their improvements (which Common Areas shall include any Wetlands, Sensitive Area or Open Space Tracts described on the plat which the Association owns or is designated as the party responsible for their maintenance and repair) Such costs include, but are not limited to, stormwater detention facilities, landscaped entries, signs, lights, fences, walls, postal service boxes, easements, controlling vegetation, plantings and landscaping (if not maintained by applicable govemmental jurisdiction) 4 Any other expense which shall be designated as a Common Expense in the plat of the Property, the Declaration, its Exhibits, the easements and the agreements of the Association, or from time to time are identified by the Association ARTICLE EIGi-n Assessments Section One Types of Assessments Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association, or by the Developer during the Development Period Section Two Determination of Amount The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer or its assignees, without the consent of the Developer or the assignees. The Association may create and maintain from assessments reserve funds for replacement of Common Areas and their improvements. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the prior assessment shall be automatically continued at the sum previously set by the Board until such time as the Board acts in the manner provided by RCW Chapter 64 38 (or any successor statute permitting automatic adjustments in the budget) Section Three Certificate of Payment The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid Section Four Special Assessments In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer and its assignees shall not be obligated to pay any special assessments on Lots owned by the Developer or its assignees. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which are not for the upgrade, repair or replacement of existing improvements, shall require approval of two-thirds the Members Section Five Reserved Section Six Fines Treated as Special Assessments Any fines levied by the Association DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 5 f pursuant to RCW Chapter 64 38 (or any successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Nine ARTICLE NINE Collection of Assessments Section One Lien -Personal Obligation All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the eommon Areas or abandonment of the Lot Section Two Delinquency If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Assoqiation, and shall be for the benefit of the Association The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three Suspension of Voting Rights In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration Section Four Commencement of Assessments The assessments may commence as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the Lot after it is improved by construction of a single-family home. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer or the Developer's assignee who constructed the home on the Lot may collect from each Purchaser an amount equal to one year's assessment for the Association, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association Section Five Enforcement of Assessments The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement· action as provided in Article Seventeen, Section Five DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 6 ARTICLE TEN Building. Use and Architectural Restrictions Section One Development Period The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association Section Two Authority of ACC After Development At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration Section Three Delegation of Authority of ACC The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any p'erson, firm, or corporation Section Four Appointment of ACC After the Development Period, the Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. If the Board fails to appoint the members of the ACC, or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section Five Approval by ACC Required Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of' significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained 1 Time Limits If the ACC or its authorized representative shall fait to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U SMail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Members 2 Guidelines The ACC may adopt and amend, subject to approval by the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 7 board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request 3 Meetings The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise 4 No Waiver Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval 5 Consultation The ACC may retain and consult persons or entities to assist in' the evaluation of plans submitted to the Board for review 6 lillP-eals After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board 7 Enforcement The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or 'orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board 8 No Liability The ACC, its agents and consultants shall not be liable to the AssOCiation, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC 9 Fees The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board Section Six Temporary Structures Prohibited No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC Section Seven Nuisances No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxiOUS, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64 38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance Section Eight Limitation on Animals No animal, livestock or poultry of any kind shall be DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 8 raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration Section Nine Limitation on Signs No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot, the right to maintain upon the property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. AII'other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer Section Ten Completion of Construction Projects The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer or its assignees, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Housing Unit, and rear yard landscaping must be completed within one year of completion of a Housing Unit. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed .' Section Eleven Unsightly Conditions No unsightly conditions shall he permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, Junk or other debris, inappropriate, broken or damaged furniture or plants, non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items, and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve Antennas. Satellite Reception Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Ten, Section Five. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Article Ten, Section Five, and a showing by the Owner that such installation will be visually shielded from most of the view of the residents traveling upon streets located on the Properties Section Thirteen Setbacks No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties Section Fourteen Roofs Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 9 Section Fifteen Fences Walls In order to preseNe the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the Properties, whether visible to the other Lots or not, shall be constructed and finished according to the standard fence detail, assuch detail is initially designated by the Developer during the Development Period, and continued or modified by the ACC after the Development Period. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the Developer, the ACC or the Board Section Sixteen Residential Use Only Home Businesses Limited Except for Developer's and its assignees' temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, materials or supplies used in connection with any trade, seNice or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home, nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time. promulgate rules restricting the activities of Home Businesses located on the Properties pursuant to the authority granted to the Association under these Covenants, the Bylaws, and RCW Chapter 6438 Section Seventeen Underground Utilities Required Except for any facilities or equipment provided by the Developer, its assignees, or any utility, all electrical seNice, telephone lines and other outdoor utility lines shall be placed underground. Section Eighteen Limitation on Storage of Vehicles The Lots, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, non-commercial trucks and motorcycles. Boats, boat trailers, house trailers, campers, commercial trucks, trucks with a camper, or other recreational vehides or similar object may not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets on the Properties. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed unless stored in a garage. Section Nineteen Enforcement The Association, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64 38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64 38), but the Member must first obtain an order from a court of competent Jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to Join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action ARTICLE ELEVEN Easements Section One Easement for Encroachments Each Lot is, and the Common Areas are subject DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -10 to ,an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and for maintenance of the same as long as the improvements remain, Section Two Easements on Exterior Lot Lines In addition to easements reserved on any plat of the Properties or shown by instrument of record, easemen'ts for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas: Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which, may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible Section Three Association's Easement of Access The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Seven, Section Three of this Declaration, (b) repair, replacement or improvement of any Common Area accessible from that Lot, (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon, (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do, and (e) all acts necessary to enforce this Declaration ' Section Four Easement for Developer Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property ARTICLE TWELVE Mortgage Protection Section One Mortgagees Notwithstanding and prevailing over any other provIsions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot I Section Two Liability Limited The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided Section Three Mortgagee's Rights During Foreclosure During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges Section Four Acquisition of Lot by Mortgagee At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -11 declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot· Section Five Reallocation of Unpaid Assessment If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association ' Section Six Subordination The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest Section Seven Mortgagee's Rigb.!§. Any Mortgagee shall have the right on request therefore to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting Section Eight Limitation on Abandonment of Common Areas The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Such abandonment of all or a portion of the Common Areas shall require approval of the City of Renton. Section Nine Notice If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities, (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities, (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days, (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, and (f) any propos'ed action that requires the consent of a specific percentage of Mortgagees ARTICLE THIRTEEN Management Contracts Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice ARTICLE FOURTEEN Insurance DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -12 Section One Coverage The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice Section Two Replacement. Repair After Loss In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred, provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the members of the Association The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas ARTICLE FIFTEEN Rules and Regulations During the Development Period the Developer may adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests, and to establish penalties for the infraction thereof After the Development Period, the Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64 38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64 38 ARTICLE SIXTEEN Remedies and Waiver Section One Remedies Not Limited The remedies provided herein, including those for collection of any assessment or other change or claim against any Member, for and on behalf of the Association, the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law Section Two No Waiver The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -13 , regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors ARTICLE SEVENTEEN General Provisions Section One Singular and Plural The singularwherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or inaividuals, men or women, shall in all cases be assumed as though in each case fully expressed Section Two Severability The invaliditY of anyone or more phrases,' sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted Section Three Duration These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as herein provided Section Foyr Attorney's Fees. Costs and Expenses In the event the Association or a Member employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Five Method of Notice Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted and received by facsimile. The association may adopt other methods for providing notice by resolution of the Board, provided that the methods adopted are reasonably calculated to provide actual notice to the recipients of the notice Section Six Enforcement of Declaration This Declaration may be enforced by the Association, the Developer or the Owner of any lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association, or the provisions of tlie Articles or Bylaws of the Association Section Seven Successors and Assigns This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Developer, the Members and the Owners Section Eight Exhibits All exhibits referred to in this Declaration are incorporated within the Declaration DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -14 ARTICLE EIGHTEEN Amendment and Revocation Section One Exclusive Method This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law Section Two Amendment by Developer During the Development Period, the Developer may amend this instrument to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument Section Three Voting This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have given notice to the Association requesting notification. of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following (1) voting rights, (2) assessments, assessment liens and subordination of such liens, (3) reserves for maintenance, repair and replacement of Common Areas, (4) insurance or fidelity bonds, (5) responsibility for maintenance and repair, (6) contraction of the project or the withdrawal of property from the Properties, (7) leasing of Housing Units other than as set forth herein, (8) imposition of any restrictions on the right of an Owner to sell or transfer a Lot, (9) restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration, (10) any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs, or (11) any provisions which are for the express benefit of Institutional First Mortgagees. However, there shall be no amendment to Article 2 Section Two regarding maintenance of the drainage facilities and emergency access road, without the prior written permission of the City . Section Four Effective Date Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded Section Five Protection of Developer For such time as Developer or its assignees shall own any Lot located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which (1) discriminate or tend to discriminate against the Developer's rights, (2) change Article I in a manner that alters the Developer's right or status, (3) alter the character and rights of membership or the rights of the Developer as set forth in Article III, (4) alter its rights as set forth in Article X relating to architectural controls, (5) alter the basis for assessments, or the Developer's exemption from assessments, (6) alter the number or selection of Directors as established in the Bylaws, or (7) alter the Developer's rights as they appear under this Article DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -15 16 June 2006 Kevin Wyman Mackenzie River Homes 16540 SE 1491h StTeet Renton, W A 98059 CIT~ OF RENTON PlanningIBuildingIPublic Works Department Gregg Zimmerman P.E., Administrator Subject: Second Request for Verification of Wetland, Mitigation Installation for Cberie Lane City of Renton File No. LUA05-073 Dear Mr. Wyman: On 4/] 8/06 the Cherie Lane',plat (LUA05-073) was officially recorded with King County. As you are aware, ,a special exceptiori was made for this project, which allowed you to'install wetland mitigation subsequent to recqrdiiig, but ,within 90',days of the recording date. In order t9 release' your secure fund~ for the wetland mitigation constructionand.installatiori, I need written certification ofinstallation,frQ~ your wetla'ndsbiolo'gist,'v'erifyiog that plantings have been installed per the final wetland' mitigation'and maintenance/monitoring,plan (approved by the City of Renton 12/28/05). , This letter serves as the second notice,requesti~gcert:ificaiionofinstallation as soon as possible, but no later than 7118/2006 (90 d,ays :ofplnt teco~'dingr, Receipt oftheiristallation certification marks the beginning of your minimum5-year'monItoring period. Monitoring reports are required quarterly' for the first year, and' annually for the .folloWing four years.' ' If at any time during the 5~yearrriiriimummonitoring period'wetland conditions fall below the thresholds of the Standards of Success as stated by AI~erNW (your wetland biologists), the monitoring period must be restarted 'once satisfactory condition.s are met. ' Feel free to contact me at 425-430-7289 with any 'questions. Sincerely, ,) // cc: AlderNW Jennifer Henning Ameta Henninger' File No. LUA05-073 ------------]-O-55-S-o-ut-h-a-ra-d-y-W-ay---R-e-nt-on-,-W-a-sh-in-~-o-n-9-80-5-5------------~ AHEAD 01' THE CURVE DATE: TO: FROM: SUBJECT: • CITY OF RENTON PLANNING/BUILDlNG/PUBLIC WORKS MEMORANDUM March 3D, 2006 Corey Arnet. H. X7298 ~ CHERIE LANE S 35TH ST & WELLS AVE S DRAW 3190 Please do a final walk thm inspection. If all is in order I will proceed with the recording process. A set of plans is attached for your convenience. Thank you! Cc: Knyrcn K. 1:\l1lel1lo.doc\cor DATE: TO: FROM: SUBJECT: , --.. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM March 8, 2006 Laureen Arneta Henninger X7298 !\'I~ CBERIELANE The applicant has resubmitted for the above project. I have attached a copy of the letter that went out to the applicant for your convenience. Please review and comment. Thank you! Cc: Knyren K, NcilW, ()v; ~. P(~ ft~ {JQYI~ [/-/rP -.I ~ bu--~v-~/J~ 3/10 /(Xp I:\memo,doc\cor Printed: 03-31-2006 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA05·073 03/31/2006 12:39 PM Receipt Number: R0601628 Total Payment: 26,047.65 Payee: MACKENZIE RIVER HOMES INC Current Payment Made to the Following Items: Trans Account Code 3021 303.000.00.345.85 5045 304.000.00.345.85 5050 305.000.00.344.85 Payments made for this receipt Description Park Mitigation Fee Fire Mitigation-SFR Traffic Mitigation Fee Amount 7,961.40 7,320.00 10,766.25 Trans Method Description Amount Payment Check #3122 26,047.65 Account Balances Trans Account Code Description Balance Due ------------------------ 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use or Fence Review .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5044 304.000.00.345.85 Fire Mitigation-MF .00 5045 304.000.00.345.85 Fire Mitigation-SFR .00 5050 305.000.00.344.85 Traffic Mitigation Fee .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 ~/ 5998 000.231.70.00.0000 Tax .00 Printed: 04-03-2006 Payment Made: -CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA05·073 04/03/200608:14 AM Receipt Number: R0601652 Total Payment: 1,205.75 Payee: MACKENZIE RIVER HOMES INC Current Payment Made to the Following Items: Trans Account Code Description 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee Payments made for this receipt Trans Method Description Amount Payment Check #3123 1,205.75 Account Balances Amount 488.00 717.75 Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 5019 000.345.81.00.0016 5020 000.345.81.00.0017 5021 000.345.81.00.0018 5022 000.345.81.00.0019 5024 000.345.81.00.0024 5036 000.345.81.00.0005 5044 304.000.00.345.85 5045 304.000.00.345.85 5050 305.000.00.344.85 5909 000.341.60.00.0024 5941 000.341.50.00.0000 5954 604.237.00.00.0000 5955 000.05.519.90.42.1 5998 000.231.70.00.0000 Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Fire Mitigation-MF Fire Mitigation-SFR Traffic Mitigation Fee Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 :>- SOOS CREEK WATER & SEWER DISTRICT 14616 S.E. 192nd St. • P.O. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Sewer Availability for the Plat of: Cherie Lane So os Creek Water aJl(/ Sewer District certifies herewith that the sewer .\)'stem illstal/eli ill the referenced plat lias beell accepted for mailltellallce am/operatioll. Tllis sewer .\ystem has beell Illcorporated Into the District's sewer system ami service will be provided to the cOllnectillg properties Oil the S(lme basis am/mu/er the same condltlolls as aI/ other customers of the sewer district. All/otslllllits within the plat of: Cherie Lane 1I0W have sewer aval/able by side sewer cOllnectioll. A side sewer permit must be obtailled at the Soo.\' Creek Water ami Sewer District office prior to cO"IIectioll. iig~ 5f/&r-~ District Mallager TlllIr.l'f/ay, Marcil 30, 20()6 Page J of / WWW.sooscreek.com DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM February 16, 2006 JanC. Ameta Henninger X7298 ~~ CHERIE LANE PLAT Please review the above plat located on Wells Ave Sand S 35th St to determine if their plat is in order for addressing. A copy of their plat drawing is attached for your convenience. Thank you!! ( 1:\l11el11o.doc\cor , " ',i , ~t$>tate of I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to CHKRIE LANE HOMEOWNERS ASSOCIATION alan WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 7/12/2005 lJBl Number: 602-520-019 APPTD: 324064 Given unJer my hand and Ihe Seal or the Slate ()r Wlishingloll al Olympia. Ihe SWll: Capital -j ) Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 L.t.{A -oS -i) 73 lltlJI"" 33.00 -- Property To Partel Number: 3 Address: Tho Grantor, as named above, for, and in consideration of mutual benefits, bereby grants, bargains, selJs and delivers to the Grantee, lIS named above, the follGwing descnbed personal property: WATER SYSTEM: Lensth Size ~ 6q3 L.F. of l2. .. -D-Z-WaterMoin W-3/90 .s:~~ L.P.of -'L._" b:z: WaterMnin Cfl. L.P.of ~ .. ~r Water Main en~h of .. OateValves ~of .. Oato Valves 3-each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size ~ L.F. of .. Sewer Main L.P.of It SewerMoin L.F. of .. SewerMoin each of .. Diameter Mnnholes each of .. Diameter Manholes each of .. Diameter Manholes STORM DRAINAGE SYSTEM: Length Size pYZ 4-UzI1 L.F. of Ii .. Storm Line (~-3IqO ]00-' L.P.of .. c.e.e. p Storm Line L.F. of t2... .. '1!J$i> Storm Line lZBi' each of .. Storm Inlet/Outlet ' q each of .. ~ Storm Catch Basin each of .. Manhole STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, SidewalU 142? L.F. Asphalt Pavement: _, 6 SY or L.P. of Width STREET LIGHTING: # of Poles 7= By this conveyance, Grantor will warrant and defend tho salo hereby mnde unto tho Grantee against all and every person or persons, whomsoever, lawfuUy claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. H:\FILE.SYS\FRM\84HNOOt.rr\BILLSALE.DOC\MAB Poge 1 INDlJIJDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE O~ WASIiINOTON ) SS COUN1Y OF KING . ). I certify that I know or have satisfactory evidence that _______ _ _______________ signed this instrument and acknowledged it to be hislher/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_· ___________ _ My appointment expires: ___________ _ Dated: REPRESENTAT1YE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS Notary Seal must be within box " -.. .. ~. -. , \ C~-l. ·,,;·~U:.d ,=, i<OI'~,O <J NOTARY PUBUC ,~ STATE OF 'WASHINGTON \l CO~.1MIS810~~ !~PIRES , r\~." .. RCH 19, :':~C0 .. ' ..... ~------~ '---,J COUN1Y OF KING ) I certify that I kno:w or have satisfactory evidence that _______ _ _______________ signed this instrumeJit, on oath stated that he/she/they waslwere authorized to execute the instrument and acknowledged it as the and ___ ~-:--__ of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrmnent. . Notary Public in and for the State of Washington Notary (Print) ______________ ~ __ My appointment expires:. ___________ _ Dated: Page 2 Febmary 20,2006 Stephen J. Schrei, PLS CORE Design, Inc. 14711 NE 29th Place #101 BeJIevue, W A 98007 " CIT~F' REN,TON' PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., t\dministrator SUBJECT: CHERIE LANE FINAL PLAT LUA 05-073FP S 35TH ST AND WELLS AVES PLAT COMPLETION AND ACCEPTANCE OF UTILITillS REQUIREMENTS U040276, U050]04 RTW 3190 Dear Mr. Schrei: Attached is a copy of the review (Febmary 14, 2006) on the',final plat from Laureen Nicolay, Senior Planner. If you have any questions regarding the comments ypu may contact Laureen at 425-430-7294. When the comments have been aQdress~dpleasesubmit them back to'my office. In addition it is requested that the following language be iriserted both in the covenants and pn sheet 2 of the plat. Also add the wetland'~ niain~ellance to.covenant' Article 18, Se,ction three, last sentence. . Developer Responsibility for NGPA mitlgatJ~Ji' ,project:., Tile dev~loper, not the' Homeowner's Association, is,to be responsible for the initial instaJIation"maintertance and minimul115 years of succes,sfu\wethllld mitigation monitoring;pursu'ant~ to RMC and the approved. wetland mitigation plan. The transfer of responsibility to the Homeowner's Association shall not occur until the City of Renton releases the developer in writing from further maintena'nce and monitoring'upon the completion ofa mininiuril oflfivesuccessful consecutive,years of the wetland monitoring' consistent with the RMC and the approved wethind monitoring and niaint~nance plan. '" Please coordinate your work with Kevin Wyman. ' Upon completion submit the changes to my attention. I will coordinate the review with Ms. Ni'colay. ' , ,If you have any' questions, please contact me at 425-430~7~98. Thank you for your cooperation. Sincerely, ~/~ Arneta Henninger Engineering Specialist cc: ' Kayren Kittrick Laureen Nicolay -------------IO-S-S-s-Ol-It-h-G-ra-dy-W--uy-.-R-e-nt-o-n,-W-a-S-hi-ng-to-n--98-0-SS-------------~ AHI', ... n OF THF. r.IJRVF. , ' . ) •... , .. ',f. 'i ";", ,.. . :. '. '.~. ' . : , . .t" _ :' ' ',' I ! .. ' .• ', .. ~ , , , " , .. ~. /-. . . . Office of the City Attom~y ,,: " :' ,': "Lnwren~c'.J. Wnrr.~n',', .' ., " I ': • ..,: ~ , , . S~nlor Assistnnt Gliy::Attorncys' . .' .. I ' .. ' "'f *.; .. ".' ," . '.) , ',' " . . ,. , ~" I ~ • t J ' .. ::" ., , " ; " , \, ' '" , ' '1'. . , " ,," " '. " ,' .. ' .', " .... ". ~" ',' , • ~ + " '. "" " 1 .... . . ~ . " ' ') " ' .. . , . ; ,\. " ,. " 'j " M'EMORANDUM, , ." '.,,' . , " . , Mn!,~ Bnrher' . , •. ~ . ". .Znitett!l L, Fontes,.,' , " .' ,', " l' ,Assls~nn't ~Ity Attorneys " ," ,,', "Ann S. Nielsen: . ' " ,I, ;,9nrmoriNew~o,m W:," :ShiiwnE. Arthllr,' .' t·· ',' '/ ' " . ' .' . . ~ ,~:,' .. : "" To: ' ",' .. :: .. '., ' ' : Lau',,'~e~':r;nco lay, senio'".: Pi~nne~ ])eveiop~ent S~fVic6~ ·J)ivisi~'n:::": . .', " ,j ",. ., ...' • ~, ' • .' ... • t' ',F~~m:'-: ' LaWrence .t Warre'n~ Cit{Attohtey , '" '.:" .-' Da'te:', .' F:eb;l;~'ry15,,2Q06:. " ':', ",.,. ,,:'. " "',. ' •• ,'t , . -', , . , '," " ':', '.: ' ':. \ ; . ;, ,: .. ' :, Su·bj~c.t:" ''-':,'., :'. ,·Rtwiew·.ofWetland,Mitigation-related '.Lilng~age .' ' . . 'Pr9Posed 'for,Fac,e of Che,rJe:Lan'c'finafp,Jafand CC&R1 s:,'. '" , " ." "{VAOS 073 ,.:., ... , · ,.' . ':"" . " , .. ' ,", -tI ' . ~ "'. • : ,', " t : -.. . J .,.' " , I , !,' . "., .' , " ' , , ~ . . ..., ' , " ~ • t • ~,' " ~. , . , \' '. , " :.~ " ',' / , -, .. ' ,~~~~--~----~----~--~--~--~--~--~~--------~~---,':, ',>' .. ,;",,: •. ':.~ '.:'" , ~, ,'. ' ',' <> .':, ..... f~", ,':', J ~ •• ,,'.: " •• \:.', •••• • "'," .'. . ..,' ~'. './ .... t , .' . J think YQ'ttr suggested .language is fine .. .I\vDuld add it both tQthe pla'( sheet and 'the 'coveruints: I . " . would'alsb.add the' wetland·'s.maintemlnce to covenant,Artic.le' 18, Seetiorithre'e iast sentence. " ,', ,.", ',': .' .:','., 't. I" ',~'~' -' ':. ~".,';: -"t.: : .... ~.~ '.' ' ." .. ' ····1 I,· " " .', , ,,-. .',. "1.'- ,'. * , . .',i' ','. I ,t • , '. ' ,.' . ~ , " " " i " .' ~', "' ... ' ..... , ' , '.' + ~, . ' '. " . , .', ; " ".). ;1' , .' " ", • l' , , . , '., . , . . ' \ . ., , . ,t', . ,'-" " " t, .; '. " . . '... ;' '. -I \.' ' "f I-. , . +. '.. .. t ';. . , , • '_"l ,~. ",.'.,. -..... .. . -" . ". ':' ,,' ." 'LJW·tmJ . . ., ."'. ' ' .... , , .. ' . '. ,I'-..l., '.: ' .... '.:: ,.' r'10:44:S{: :-:"~:~." ': , . ," cc: Arneta:Herin~nger . ..,'.::, '.' . ' , .. ' ,.!er)Jijfer·'H~nning: , , . ,'.T~r'C;o~i~~on· .; ...... , . " I: . ',1' • '. }. ". '. I ," .-• " '.'" .) " ,".' ,': ". , ' ";' .' . " ... \' ' ...... '. ' .. " ' , ' ... ' " " ",1 .: ;" ",' "'t' "'. . ,'" ". .' . . .' , . '" '. , '1.' , " .... . " , ''1 ~ '.' '~.' •• 1 .. '~" . . " . ~ , ' .. , ~ .-" I. ',.- . ," ; . " . .,' , '.' : ' . . ' . .., . \. ,', .", '. , , I ',. 4' ",'.,' '-, " :', " ,', :' . , " ,I , .' , .', I '. ";"" ' .... , ',:, " . I " It" " , . ! .. " " ",' . , .;', . ~ .... , '. . ~." -, , J, • , #'. "," #' • " , , ' , . " :' 'I, Jr' " r. .'\ " :,,( , ..' " , . . ," '. , " :." I' . : ~"...., . '~ " .. ~ ~. ,-, , , , . '. 1.' .. , ,. ". ! • '.1' '" . '+: '',:, _': ' ~ " 1 . • i.. .,', . . " , .... PostOffice B~X 62~ -RentO~.~as~ington 9805; -(425)255:~~78; FAX (425) 255:5474 ':~. -." ,.' " "":: .' \'*~h'l~p~~~r~nl~ln8~O.~m.:y~~~ai~rlal'3,~'(o~o81~n~~m~;.' " "A,HEAI> .(i.~ TI.j,E.CUR~E, ' ' DATE: TO: -PLANNING/BUILl. _.8G/ PUBLIC WORKS DEPARTMENT MEMORANDUM February 14,2006 Arneta Henninger FROM: .A--Laureen Nicolay, Senior Planner SUB.JECT: CJ Cherie Lane Final Plat, LUA05-073, FP The following are my comments from the latest review of the final plat drawings for the subject plat. The plat map does not yet comply with the City's standard final plat submittal requirements. These City tinal plat requirements are still needed in order for the final plat to be recorded: 1. Final Density Worksheet: Please submit a final plat density worksheet (attached). 2. PMT reductions of each finalized plat plan sheet (prepare after all other changes have been made and approved). 3 Add another Note to Sheet 2 of 4 with the following heading and text: Developer Responsibility for NGPA: The developer, rather than the homeowner's association, is to be responsible for the initial installation. maintenance and minimum 5 years of successful wetland mitigation monitoring pursuant to the approved wetland mitigation plan. The transfer of responsibility to the Homeowner's Association shall not occur until the City of Renton releases the developer in writing from further maintenance and monitoring upon the completion of a minimum of five successful consecutive years of the wetland monitoring consistent with the approved wetland monitoring and maintenance plan. 4. Remove the following text from the Sheet 2 of 4 under the heading "Native Growth Protection Easement: ~FtWide&flowever that the owners of the underl.yj.ng pro~el-1y-lHay instal11andsoaping. The plat map docs not yet comply with all of the Hearing Examiner and ERC Mitigation Measures. The following Hearing Examiner and Environmental Review Committee (ERC) issues still need to be addressed in order for the final plat to be recorded: 1. Add the following additional restriction to sheet 2 of 4 per Hearing Examiner Reconsideration letter dated March 30, 2004: J O. "Protectioll of Wet/aml/Bllffer AreaINGPE: The use of hazardous or toxic substances and pesticides or fertilizers is prohibited in any area located within 15-feet of the wetland or sensitive area buffers or setbacks, with the exception that slow release fertilizers may be permitted". 2. Submit a copy of the Secretary of State Certificate ofIncorporation for the homeowner's association. 3. Provide certificate or other written proof of sewer availability from Soos Creek Water and Sewer District. 4. Proof of installation of silt fence per ERC condition: "Silt Fence: Place along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the KCSWDM." 5. Proof of installation of protective wetland silt fence and flagging per ERC condition: "Silt fencing: With brightly colored construction flags to indicate the boundaries of the wetland area & buffer." 7. Proof of installation of Shallo :ainage swales per ERe condition: "SII; j1 drainage swales: constructed to intercept surface water flow & i'r5ute flow away fTom construction area to a sfabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on grades, it may be necessary to line ditch with rock to protect ditch from erosion and to reduce flow rates. Temporary pipe systems can also be used to convey stormwater across the site." 8. Proof that contractor has established a reporting procedure to protect the wetlands and to comply with the following ERe conditions: Daily Review: Daily review and maintenance of all erosion and sedimentation control measures at the site. Weekly reports: Status and condition of the erosion control plan with recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. 9. Proof of installation of ERe-required fencing: "Fellcillg: 1) After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e. split-rail fence or other approved barrier) and signage along the entire edge of the wetland buffer to denote the critical area; and 2) Install permanent fencing (i.e. split rail or other approved barrier) with signage at visible locations around perimeter of high coal mine hazard area and as it extends into Lots 14, 15 and 16 in order to provide adequate notice to residents or visitors that there are known coal mine hazards in this area." From: To: Date: Subject: Laureen Nicolay Wyman, Kevin 02/10/20064:47:33 PM Planning Section approval of Cherie Lane Thanks for the set aside letters Kevin. All wetlands-related issues have now been addressed (for the time being at least) and planning section can now recommend recording of the final plat provided other section/department requirements have been met. Your mitigation plan was actually approved December 28th of last year. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@ci.renton.wa.us >>> Kevin M Wyman <kevin@mackenzieriverhomes.com> 2/10/064:04:55 PM »> Laureen, here is the LAST letter I've received from you. Also, when I met with you a few weeks ago you made a copy and stamped a set of drawings for me to give to my installers for bids. I seem to recall you stamped a set for yourself as well, rolled up as opposed to folded. Thanks again, Kevin M Wyman Mackenzie River Homes Inc kevin@mackenzieriverhomes.com <majlto:kevin@mackenzieriverhomes.com> (206) 419-0349 c (866) 817-3376 f --------Original Message -------- Subject: Re: Cherie lane bond estimate Date: Thu, 29 Dec 2005 09:56:41 -0800 From: Laureen Nicolay <Lnicolay@cLrenton.wa.us> To: <aldernw@comcast.net>, <kevjn@mackenzieriverhomes.com> Thank you for the revised worksheets. The City needs two separate security devices in the following amounts: #1 for Wetland Mitigation Construction/Installation: $33,024.45 ($22,016.30 x 150%) #2 for Wetland Mitigation Monitoring and Maintenance: $18,390.00 ($14,712.00 x 125%) We accept (on bank letterhead) letters of credit, set-aside letters, or cash set-asides for this purpose. Be sure that the devices have no expiration date and that they each require written City approval prior to release. Please give me a call if you have any questions about the format needed. Thank you, Laureen Laureen Nicolay Assignment of funds -~', To the City of Renton Applicant: fllc«; I:muc flwy /'ltrn "::;;'l.. Washington Mutual Bank:_~~~t.L!!.::~--!:..~~I,.t.c.!.h~~~II/~/l:!!!II ... ~i~(_ Owner: same Address: III 5"l.j() sg /'19(1. 5t- &tv~1\ wl1 @(I ff Phone: 1,tJ& ~/'l (/ .. 371 Fax: 8~~ &1-331, Attention: Kedl ttl (1} Wy.m.(I'l Title: Pres; dt·,.,t' #-SIt.( The above referenced bank hereby certifies that 7lur& 71r.,.,/t(l((,vt ,."t; T'1<t'A t'"7liY". aNI ~ • Dollars ($3~O~1',I1"") is on deposit in the account numberOt.:?.2-CQCt?8b ~y.S>< Under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: L Aerte '-pae Location / Address of Plat or Project: ;,ll n... 7 t./g lis Ave S The required work is generally done as follows: fA) e;/:.I a ,--d 117 i f I;N£~ {I/>t ~ iAA d I"M\ !:I1f, 5 -[p//al' ~ The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving Notice that the City has determined that the work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the city and shall not interplead or in any manner delay payment of said funds to the city. The applicant hereby agrees to this assignment offunds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the city. Name, Title Date Issuquuh Flnunclul Contor 1195 NW Gilman Blvd, Issaquah. WA 98027-0947 phone 425.392.5000 fax 425,392.2195 ~ FDIC lUi Insured Applicant: /II;1t.btl'Zit 4!VPr tIm!)~ ::he Owner: s~me Address: lIPS-itO 5£ 1'/4f1lSf ge. n ktn Wtf= 94'tJ S:l Phone: 2.()b ttl? 0..3 ~? Fax: alRl 81 t ,'23 rh Attention: /(e U( (I tn WY In 0" Title: Pctr"de,,;t- Phone:~,..:....:::::.l-..L..---=~=----"'-"':""::~ ____ _ Fax: Attention: Mar ~~~-~~-+-=-----T---Title: 8iAj;"'el.~ The above referenced b~nk hereby ~e:tifies thatCziieelt ·~NlI';::1.(;tifiMt Dollars ($/~ W't?,aJ) IS on depOSIt In the accou t number 2." I ~ Under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: C 6e".. I' e La ne Location / Address of Plat or Project: 3 to; ItX r:f ?Jal/r AUf $, The required work is generally done as follows: Ue.t1a~ rn (In It.. (Jrli'5 clf-d I1\ttrlA-&-I\.ClPIC e The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving Notice that the City has determined that the work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the city and shall not interplead or in any manner delay payment of said funds to the city. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the city. Dat1d t(, flY Issaquah Financial Con tor 1195 NW Gilman Blvd. Issaquah, WA 9B027-0947 phone 425.392.5000 fax 425.392.2195 ~ FDIC lUi Insured ILaureen NicolaQherie lane construction estimate.xls Page 1 ij Dalo' Bond Quantity Worksheet for Wetland. Mitigation Construction -I E!:Qject Name: Cherie Lane Project Number: Location: Renton, Washln9=:to:::n~ __________________________ _ Contact Namo: Kevin Wyman Address: MacKenzie River Homes Eslimale preparad by Garal Munger NderNW 12-27-05 PL NT MA ::ERc::,IA:..:;'L::)=S:..:...: -/---1---1-----I--.,--!---- ~~R~E~E~S~---I------4-----I---~---+---+--~------4.-----I--------I----r-I----- ~cienlinc Name ~ommon Name Unll Price Qlv Unll Prlca Unil Prlcialy Unll Price Unil PricPly Unil Price ltnil Prlc~ly tLotal 14" Dol h oallon onllon 12 onllon 121"-"'_""4,,":"':':':'1=-11;"", 0"""8-'-llIo=n-l"2"""-4"-'" -"-'t-'--fc""o=-st-- ~bles grandis· tJrand fir s- Acer macrophyllum Ig leaf mople $ 3.52 $13.54 $ 17.00 3 $ 51.00 Alnus rubra Red alder _$ 3.20 Is 13.22 $- Arbutus menz/esll Pacinc modrone $ 4.46 '$14.50 ----$- Behlla papyrifera paper birch $ 3.20 ,$13.22 $- roxlnus 186(01ia bregon ash $ 3.20 is 13.22 $ 7.04 $ 23.51 Is 20.00 $ - lPlcea sitchensis· Silk a spruce $ 3.52 Is 13.54 _$7.66 1$ 24.15 1$ 21.00 IPlnus conlorta· Shore pine $ 3.52 1$13.54 $ 7.66 1$ 24.15 $ - $- lPlnus montlco/a· t.,.veslem while pine $ 3.52 Is 13.54 $ 7.66 1$ 24.15 $- Ipopulus tremuloldes ~uaklng aspen 1$13.54 $ 7.66 $ 24.15 $16.00 $- /Populus /richocorpo ~Iack collonwood $ 3.52 1$13.54 ---1.1Qi $ 23.51 lPrunus emolfllnata ~lIler cherry $ 3.52 1$13.54 IPseudo/suga menzlesi pouglos fir $ 3.52 1$13.54 $ 7.04 1$23.51 $15.36 $16.00 $ - $ - Taxus brevifol/o· Paclflcyew $ - Thuja plica to • f,veslem red cedar $ 3.52 1$13.54 $ 7.04 $ 23.51 $15.36 $ 21.00 33 $ 693.00 Tsuga he/erophylla· f,veslern hemlock 53.62 1$ 13.54 ~7.35 $ 23.62 $15.36 $ 44.74 $- f.tI~~iili/aliil!i~e~e~ntl'l:-:IC~'~'av~-~C~'~fie~rtle~OO~'MEr£~n~s~tfii~I~~r::/i1~heS~t~leliX~a>rice \unll Pride Unit prlce~~p~rll jo~~o~latl =;:= __ ........... ___ ..... _...:p~a;;;.j~g3,;le~21 ~ enllf c Name om man Name " ~ ~ 'Acercirelna/um Ina maple $ 3.521$13.54 $ 7.04 $ 23.51 $14.06 $ 43.46 $- ',Amelanchler alnlfol/a ervlceberry $ 3.52 $ 13.54 $ 7.351 $ 23.62 1$ 14.00 $ - lBerberis aquifol/um all Oregon grape 1$ 10.02 $ 7.661 $ 24.15 $ - jBerberis nervosa hart Oregon grap S 3.84 $ 13.86 $ - Comus stolonifero ed-osier dogwood ---'...£2Q+4:!.1"'04-_-"'-' $3"".2=.:0,+1;r...:. $13",.",,22"-1 __ '1 __ %...:..$7.:.:04-"1 $ 23.51 t-~ .:,$...:.42",.",16<1 __ 1-'$,-1",0""4",0,,,.0=..0 ~C=o~ry~w=s~c~on~1~u=ro~~f,=az~e=ln~LI~I~ ____ I _____ ~ __ 1_~$~3~.5~2p$~1~3~.54~I ____ ---1.1Qi.r/$~2=.:3~.5~1_r-__ -l-____ -+ ____ 1-~.t _____ ~$~- Cro/aegus douglasll lack hawthorn $ 3.20 I $ 13.22 $ 7.041 $ 23.51 6 $ - Gaultheria shallon ~alal $ 1.89 $ 3.841 $ 13.66 $ - 'Holodlscus discolor Peean spray S 3.521s 13.54 $ 7.04 $ 23.51 $- Lonicera Involucra/a ~Iack !winberry $ 3.521$13.54 $ 6.40 $ 22.67 $ 12.16 $ 41.54 ~- ~yriC8 gale ~woelgale 1$10.02 $- Oem/eria cerasiformls ndlan plum $ 3.521513.54 $ 7.04 $ 23.51 $- Oplopanax honidus bevil's club $ 3.641$13.86 $ 7.66 $ 24.15 $- Phl/adelphus lewisii ~ock orange $ 3.521 $ 13.54 $ 6.40 $ 22.67 $ 14.06 $ 43.46 --:-:-1 ___ --"$_- lPhysocarpus cep/ta/u~Paclfic ninebark $ 3.201$13.22 $ 7.04 $ 23.51 _,--,$"-",12",.1.:.:6~f"'-$-"12::.!.,,,16~1 __ l_3-t--_,,,-,-$1=:56:::..0=6 IPrunus vlm/nlana ~hoka cherry 1$10.92 $- lPyrus (usca iNoslem crabapple $ 3.201$13.22 $ 7.041$ 23.51 $- ~hamnuspurshlana ~ascara $3.201513.22 $7.041$23.51 $- !Rhododendron macro Paclnc rhododendr n $ 4.171$14.19$- Rlbes bractaosum ~lInk cllrranl $ 3.20 $ 13.22 ~- IRlbes lacus/re prickly currant $ 3.B4 S 13.66 ___ $- jRlbas sangulneum ed-flowering curra I $ 3.84 $ 13.66 $ - ~1R=cos~a~g~Ym~no~c=8~~ ___ t=W~Co~0=d~ro~s~e _____ I _____ ~ __ 1 __ ~$3.~52~$~3",.~52'r---l~tlj$~2~4~.1.:.5r-__ t-L!.$14~.~00~tl~SI4~.OO~r~2~2~4Ir~$3~1~3~6.~00~ Rosa nu/kanB Noolka rose $ 3.52 's 13.54 $ 7.04 Is 23.51 $ 15.00 $-~jR~(os~a~p/~s~o=c~Brp~e----~I=u~sl~er~e=d~ro~s-e--~-----4---+--$~3.~52~$~1~3~.54~~--+--~$6~.40~1$~2=':2~.6~7~---l------11·~11~5.~00~r~84~t----$9-6-0.~00~ jRubus leucodermls lack raspberry $ - IRlibus parviflorus hlmbleberry $ 3.52 $ 13.54 $- jRllbus spec/abl/is almonberry $ 3.20 $ 3.20 $ 7.041 $ 23.51 $ - ~S=a/=~~g~ey~e~n='e~na~ __ ~G=,e~ye~r~~='II=OW~ __ -l-______ I __ -+~$~3.~20~$~1.:.3~.2:2~ __ I~P$w2~2~.6~7-t--__ ~ _____ r _____ I ___ r _______ ~~- t-~~al=~~h=o~ok~e~ri~an~a~ __ bl=oo~k~e~~s~~~'=IIO~W~~ ______ t ___ 1_~$~2~.B~9~1;$~12~.9~14-__ I~$22.67·1_~~ ____ -+ ____ ~ __ r-____ ~$~- Salix laslandra PacifiC willow $ 3.20 S 13.22 $ 6.40 $ 6.40 26 _$ 166.40 Salix scouleriana Scouler willow $ 12.16 il41.54 ..!. - Salix si/chensis Silk a willow $ 2.50 266 $ 3.20/$ 13.22 $ 6.40$ 22.67 $ 720.00 Sambucus rocemosa ed elderberry Sorbus sltchensls ascade mounlaln ~sh Symphoricarpos albus nowberry Vaccinium ovatum vergreen hllckleb rry Vaccinium parvlfolium ed hllckleberry $ 2.91 $ 3.52 $13.54 $ 7.041$ 23.51 ~- $ 3.201$ 13.22 $ 3.841$ 13.66 $ 5.451 $ 15.47 $ - $7.04 $12.50 --"2_61.;.1 ____ -t ___ I._-t_-'$'-'3"',2""6"'2."'5~0 $- $- -'~'-~~"-"~"'.~-..•. ~,,~ ... ....... .. -.. ~-,HaUreen NIC Plav -l,;M I~l/n ~e DlI5EQ UJPMI ENT Paoe 3 n ype • nit Price Unit ,tv otat am post. ~egetnble, d livered and spreac $ 37.BB CY ----1..: becompacting till/hard an. medium. to 6' . $1.57 CY --_$_- 'Decompacting till/hard an. medium, to 12' $1.57 CY $ - Fertilize. slow releaso t pblots, 30gmnroe $ 3.21 --Each $ • ~ydroseedlng $0.51 SY $ - .abor, general (Iandsc pplng) $ 25.00 HR $ - .abor, general (constr lction) $ 37.00 HR $ - abor: ConsLlltant. sup ~Ising $ BO.OO HR 6 ~480.00 • abor: Consultant, on· Ite re-closlgn $ 95.00 HR $ • PLANTS: Potted, 4" d pmeter, medium $ 0.68 Eech ----.-1. PLANTS: Container, 1 11 allon, medium soil ~ Each $ - PLANTS: Container, 2 g allan, medium soil $16.47 Each $- PLANTS: Container, f gallon, medium so $ 29.38 Each $ • 'PLANTS: Seeding, by hand $0.44 SY $- IpLANTS: Slips (willov. red-osier) $1.32 Each .-1. PLANTS: Stakes (will w) $ 0.96 Each $ • Rental of decomeaclln machinery & oper $ 70.65 Hour $ • ~and. coarse builder's, delivered and spre $ 42.06 CY $ . Staking material (set p r tree) $ 7.00 Each $. Su~eying, line & grad $ 605.44 DAY $ - Su~eylng. lot locallon lines $1353.60 CRE $ • Su~eylng. topographl ~t Is 2 160.00 CRE $ • IIIlng topsoil. disk harrm . 20hp tractor. 4"·6" $1.02 SY $ • rrCaureen f'iJIC( lav -Gfiene laFfA~ fAl lII!i;dea ell~orv' Paoe 41 rEMS nit Cost Unit Otv otal fascinos (willow) I Each $. Logs, (cedar). wi root we s. 16"·24" dlam .. 40 . S 1 000.00 Each _to It.ogS (cedar) wlo root wa s, 16"·24" dlam .• 40 $ 400.00 Each $ • ,logs. wlo root weda. 16" /24" dlam .. 40' long S 245.00 Each $. oga wi root wads. 16"·2 " diam .. 40' long $ 300,00 Each $ • Rocks. one-man $ 60.00 Each $ - ~ocks. iwaooman $ 85.00 Each ~. Root wads $ 163.00 Each .-1. Spawning gravel. type $ 22.00 CY $. f,ovelr • log I $ I 500.00 Each $ • Weir· adlustable 1$ 2 000.00 Each $ - Woody debris. large $ 163.00 Each 8 . $1304.00 /snags. anchored $ 400.00 Each I---$ . ISnags -on site $ 50.00 Each l-S - Snags. Imeorted $ BOO.OO Each $- r"tulch, by hand, wood. 1 cu.ft.lplant) $ 2.00 SY 420 $ 840.00 rO-Caureen Nicc lav -Gfiene Ilane C nst UG1iIN1 jijtffi 11m ft6S Paqe 5 ~ nit Cost Unit IQty otal ·enclng. cllain link. 6' Igh $IB.B9 I.F $ . Fencing. chain link. co ner poats S 111.17 Each $- encino. chain link. ga)3 $ 277.63 Each $. ~P.lit rail 3' hi h t2·raill S 10.54 LF 658 .-1B 935.32 Fencing. lemporary (N ~PE) $1.20 LF $. !sIgns. sensili~e area b signs plus post) $ 17.00 Each 5 $ 85.00 grading for mitigation 8 ea Including exca~ tion and ~ 9SO/day -$1960 placement of topsoil exco~ator. operata • with lobO! r piezometers materia , plus installation 5 $45 $ 225.00 TOTAL -$ 22,016.30 )C.. 15O/. -11> ~~) 02- i Laureen Nicolay -Monitoring and maintenance,xls Page 11 Date' Bond Quantity Worksheet Malnten& .... e and Monitoring Five Years ~ect Name: Cherie Lane ~ect Number: Location: Renton, Washington Contact Name: Kevin Wyman Address: MacKenzie River Homes Estimate prepared by Garet Munger AJdorNW 12·27-05 : --- Type Unit Price Unit bty ot.1 \/I a I Itena", e an Me nltorin Type Unit Price Unit QJY. at. I Ins~ection (9uartel~ fir tyear) $ 500.00 $ 4.00 $ 2,000,00 Ins~ection, annual $ 550.00 ACt-3 SI,650.00 'Inspection, final $ 650.00 ACt-1 $ 650.00 Maintenance, seml·an uel $ 700.00 10 $ 7 000.00 Maintenance, annual $ 200.00 $. Moniloring, annual $ 250.00 ch vii $. tNatering. I" 01 water, 0' soaker hose $ 3.62 MSF $ • rrigalion • lem~ $400 Irst two ye rs $ 600.00 rrigalion • buried 1$4500.00 Aero $ • Replacemenl plont m erials slimal bas8C on loss 01 20%01 lanls 12,000.00 I -GENE RAL ITE' ns I Jnll COSI Unit bty alai Fencing, chain link, 6' ligh S 18.89 LF $. !Fencing, chain link, co tner pOSIS 5111.17 Each $. 'encing, chain link, ga e $ 277.63 Each $. ~,J!"lil rail 3' high (2-raill $ 10.54 LF 50 Fence repi Ir $ 527.00 encing, lempomry (Ni3PE) $ 1.20 LF S· ~9ns, sensilive area t KBigns plus posl) $ 17.00 Each 5 Replacem nls for amOQI d signs $ 85.00 NOTE: TOTAL $14·712.00 r~n Mcolay -Re: Cherie Lane Wetlands Mitigation From: To: Date: Subject: Hi Kevin, Laureen Nicolay Wyman, Kevin Friday, December 23, 20054:27:25 PM Re: Cherie Lane Wetlands Mitigation The revised plans and report look good. I called and left Garet a message that I will be able to provide you with surety device (City does not accept bonds for this purpose) totals for the 2 separate surety devices (1. install and 2. maintenance/monitoring) once he separates the items listed on his "Bond Quantity Worksheet" into the 2 categories (install vs. maintenance/monitoring). He can fax or mail it in to my attention. I will be back in the office on Thursday. Please give me a call then to check status. Thanks and Happy Holidaysl Laureen Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@cLrenton.wa.us »> Kevin M Wyman <kevin@mackenzieriverhomes.com> 12/22/0511 :39:31 AM >>> I left a complete set of new prints and associated paperwork with the woman who sits against the windows behind the reception desk about a week to ten days ago. I'll start gathering up new copies again but you might check with her if you get a chance. Everything was rolled up together and had a yellow 'sticky note' with your name on it under the rubber band. Thank you, Kevin Kevin M Wyman Mackenzie River Homes Inc kevin@mackenzieriverhomes.com <mailto: kevin@mackenzieriverhomes.com> (206) 419-0349 c (866) 817-3376 f Laureen Nicolay wrote: >Hi Kevin, > >1 went through my in-basket and then searched my desk but was not able to locate revised Cherie Lane wetland plans. Were they sent to my attention? The last info I find in the file is my letter dated November 28th. Better send over another set to my attention. Thank you, Laureen > >Laureen Nicolay >City of Renton Development Services >1055 South Grady Way >Renton WA 98055 >Phone: (425) 430-7294 >Fax: (425) 430-7231 >lnicolay@cLrenton.wa.us Pageu ., Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: Final Wetland EvaluationiMitigation Design Cherie Lane Renton, Washingron Dear Mr. Wyman: AlderNW August 22, 2005 Revision December 13,2005 Project No. 51103 '. CI~~l:itDN··I· DEC ~ a zuuS REVISION As requested, we have conducted a wetland evaluation for the property located near the intersection of Wells Avenue South and South 34th Street in the City of Renton. The purpose of our work was to identify the limits of the wetland areas on and immediately adjacent to the subject property. In conducting our site evaluation, we followed the general procedures for the routine on-site methodology as outlined in the Washington State Wetlands Identification and Delineation Manual (March 1997). This procedure involves analysis of vegetation patterns, soil conditions, and near-surface hydrology in making a determination of wetland conditions. Our scope of work included site visits in April, 2003 and in October, 2003, at which time we completed our site evaluation and flagged the limits of the wetland along the west side. We completed the delineation and flagging of the wetland area during .site visits in April,' 2003 and revisited the site in October, 2003. The flagged wetland points have been surveyed and plotted on project maps by Core Design-. Inc. We .also have prepared a Final Wetland Mitigation Plan for the project. This final mitigation design is based on the Conceptual Mitigation Design dated November 13, 2003. That plan with adjustments for changes in Lot 11, was accepted and approved by the City of Renton and by the hearing examiner for the project. PROCEDURES For the purpose of this study, we used the wetland definition adopted by the Environmental Protection Agency (EPA) and the Army Corps of Engineers (COE) for administering Section 404 of the Clean Water Act. According to this definition, wetlands are: ''Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." (33 CFR 323) 518 North 59th Street, Seattle, Washington 98103-Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman August 22, 2005 Revision December 13,2005 In Washington State, the Shoreline Management Act and Growth Management,Act have amended this definition to exclude some wetland situations by adding the following sentences to the wetland definition: Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including but not limited to, irrigation and drainage ditches, graSs-lined swales, canals, detention facilities, wastewater treabnent facilities, farm ponds, and landscape amenities, or those wetlands created after July I, 1990, that were intentionally created as a result of the construction of a road, street or Highway. Wet1ands may include those artificial wetlands intentionally created from non- wetIand areas to mitigate the conversion of wetlands. Delineation procedures are based on diagnostic environmental indicators of wetland vegetation, wetland soils, and wetland hydrology. These procedures, outlined in the Washington State Wetlands Identification and Delineation Manual (March 1997) are commonly known as a Triple Parameter Method. By definition, an area is designated as wetland when there are positive indicators for all three parameters. A listing of plant species has been developed for use in the methodology for delineating wetland areas. This listing assigns plant species to one of five indicator status categories ranging from Obligate wetland species, which almost always occur in wetlands, to Upland species, which rarely occur in wetlands. Under normal conditions, hydrophytic vegetation is detennined to be present if more than 50 percent of the dominant species are in the Obligate (OBL), Facultative Wetland (FACW), or Facultative (FAC) indicator categories. Diagnostic indicators of hydric soils are related to soil saturation, which leads to anaerobic conditions in the soil. Under these conditions, decomposition of organic material is inhibited and soil minerals are reduced, creating characteristic soil colors that can be quantified by comparison with Munsell Soil Color Charts. A chroma of one or less in unrnottled soils or a chroma of two or less in mottled soils generally indicates a hydric soil. In addition, soils that are saturated during the growing season satisfy a criterion for hydric soils, We used a hand auger and or shovel to collect soil samples from depths of 8 to 18 inches, or below the A horizon. Wetland hydrology is defined as inundated or saturated soil conditions for at least 14 consecutive days during the growing season. If no water is present at the tinie of ~valuation, other indicators may include topographic low points or channels, flood debris, complete absence of vegetation, or presence of hydric soils. GENERAL SITE CONDITIONS The site is occupied by a mixed conifer-deciduous forest stand of composed of mostly deciduous trees. Oregon ash (Fraxinus lati/olla), red alder (Alnus rubra) , black cottonwood (Populus balsamifera), and some big leaf maple (Acer macrophyl/um) are the common deciduous trees species on the property. western red cedar (Thuja plicata) is the common deciduous tree present on the property. Salmonberry (Rubus spectabllis), snowberry (Symphoricarpos alba), and Himalayan blackberry (Rubus discolor) are the common shrub species present. Adjacent properties east of the project are occupied by existing single family residences of the Winsper II development. Permit applications for construction of a residential subdivision on the property to the south have been submitted for review. Properties to the north and west are undeveloped and occupied by forest. Project No. 123002 Page No.2 Mr. Keyin Wyman August 22, 200S Revision December 13, 200S It appears that there has been some minor grading work on the property. Surface soils and vegetation show evidence of disturbance on a swath generally crossing the central section of the property from east to west. This area of disturbance shows on aerial photographs taken in September, 1990. It does not show on earlier aerial photographs. Soils across the property and on much of the surrounding area are mapped as Alderwood gravelJy sandy loam (Soil Survey of King County, Washington, U.S. Soil Conservation Service, 1973). The Alderwood series is made up of moderately welJ-drained soils that have a weakly to strongly consolidated substratum at depths of between 24 and 40 inches. The National Technical Committee for Hydric Soils does not list the Alderwood series as a hydric soil although wetland conditions are common in depressional areas within Alderwood soil units. Our observations across the site outside of the wetlands and away from disturbed areas are generally consistent with the description of the Alderwood soil series. There has been coal mining activity on the property as outlined in the Preliminary Geotechnical Evaluation and Coal Mine Hazard Assessment dated May 28, 2003, by Icicle Creek Engineers. Their report identifies an area of coal mine hazard on the southwest comer of the property. Topographically, the property generally slopes down from about elev. 236 along the eastern property line to the low point of about elev. 180 along the west property line. An excavated ditch line crosses the property from near the southeast property comer toward the north property line at WelJs Avenue. The ditch drains to the storm drainage system in Wells Avenue. WETLAND AREA We have identified the limits of two wetland areas on the property as shown on the Site Map Sheet 1 of 4). The wetland limits were flagged by AlderNW, and have been surveyed and plotted on project maps by Core Design, Inc. Wetland A is the larger of the site wetlands with an area of approximately 16,340sq.ft. Wetland B is a small isolat~ area of approximately 1,204sq.ft near the southwest property comer. It is located within the area designated as high coal mine hazard. Wetland A Wetland A is an "L" shaped wetland occupying a ceiltrallocation on the property. Vegetation within the wetland includes herbaceous wetland species within the interior sections of the wetland with shrub species around the margin of the area. ll1ere are taller trees around the margin of the wetland. Predominant herbaceous vegetation within the wetland includes creeping buttercup (Rammculus repens), soft rush (Juncus ejfosus), and grasses including reed canarygrass (Phalaris anmdinacea). Shrub species around the margins of the wetland include Himalayan blackberry (Rubus discolor), snowbe"rry (Symphoricarpos alba), and some red osier dogwood (Comus stoloni/era). Trees forming the canopy over the wetland include Oregon ash (Fraxinus lati/olia), black cottonwood (Populus balsamlfora), and some western red cedar (Thllja plicata). Using the U. S. Fish and Wildlife Service wetland classification system Cowardin et al., 1979), Wetland A includes areas of scrub-shrub habitat and emergent habitat. There is a forest canopy over the wet/and making the area a forested habitat. Project No. 123002 Page No.3 Mr. Kevin Wyman August 22, 200S Revision December 13, 200S Hydrologically the wetland is supported primarily by near surface seepage drainage into the wetland. There is no defined surface flow into the wetland. Surface water within the wetland dissipates and infiltrates. There is no defined outlet from the wetland. At the time of our observations in April, 2003, there were areas of shallow surface water within the wetland and soils were saturated to near the surface throughout the wetland. In October, 2003, there were no areas of surface water. It is our interpretation of the City of Renton Critical Area Regulations, that the wetland meets the criteria for designation as a City of Renton Category 3 Wetland. It meets the Category 3 criteria because it is larger than 5,000sq.ft. and has been subject to past disturbance. The past disturbance bas altered surface drainage patterns, surface soils have been altered, changing topsoil conditions, and vegetation has been in response to the disturbance. The standard buffer requirement for Category 3 wetlands is 25 feet. ·Wetland B Wetland B is a small isolated area within the coal mine hazard area on the southwest comer of the property. It is a smaU area of emergent vegetation dominated by creeping buttercup within the surrounding forest. It is our interpretation that this wetland meets the criteria for designation as a Category 3. The wetland and surrounding buffer is enclosed within the limits of the hazard area PROPOSED DEVELOPMENT It is proposed to develop the property for construction of a 16 lot residential development as shown on project maps by Core Design, Inc. and on the Site Development Plan Sheet 2 of 4. Access to the proposed residential building lots will be provided by constnlction of an access road which enters the site from Wells Avenue near the northeast comer of the property. The road system will connect with the construction of Wells Avenue for the residential development to the south of the property. These are established access points which define the location of the road system for this project. Construction of the road to connect with the road for the project to the south will require ruling approximately 2,766sq.ft of Wetland A. With construction of the roadway, there will be reduced buffer width between the new construction and the wetland boundary at three locations. This area where the buffer wiU be less than the minimum required 25 foot buffer, is being counted as an indirect wetland impact or "Paper Fill" and is included in the calculation of the wetland mitigation requirements. The area calculated as paper fill is approximately l,871sq.ft. The combined wetland impact from the proposed construction is approximately 4,64Isq.ft. which includes the 2,770sq.ft which will be fiJled for construction of the roadway and the 1,871sq.ft of wetland where there will be less than the minimum 25ft buffer. The project will set aside approximately 86,563sq.ft in Tract A which includes the wetland and upland buffer, along with the area covered by the cOal mine hazard area. Approximately 40% of the 5 acre property wilJ be included in Tract A. The Final Wetland Mitigation Plan is designed to compensate for the identified wetland impacts and buffer impacts. Project No. 123002 Page No.4 Mr. Kevin Wyman August 22, 2005 Revision December 13, 2005 Wetland ButTer Requirements In accordance with provisions of the City of Renton Sensitive Area Regulations, the standard buffer for a category 3 wetland is 2S feet. The project has been designed to provide the minimum 25 foot buffer width for the wetland to the extent possible. Where the buffer is less than 25 feet the affected wetland is being treated as fill and is included in the calculations for mitigation requirements. With this treatment the effective minimum 25 foot butTer is maintained for the purpose of project design and identification of impacts and mitigation requirements. Because of the constraints from the wetland configuration and requirements for matching existing roads there are no feasible alternative road alignments which would reduce the wetland and buffer impacts. Approximately 7,223sq.ft of area within the 25 foot wetland buffer will be impacted by the road construction. The boundary of Tract A includes approximately 9,024sq.ft of upland area beyond the minimum 2S foot buffer as compensation for the affected buffer area. This provides an increase ofapproxirnateiy 1,800sq.ft. WetlandlButrer Functign There is a wide mnge of physical, chemical and biological processes which take· place within wetlands and. the associated upland buffer. These wetland processes collectively have been defined as providing functional value because of their contribution within the physical, geographical and social landscape. Existing conditions on the west side of the wetland buffer are illustrated on the attached photos. Wetland and buffer processes include the microbiological action of bacteria to accumulate and remove contaminants from the water stream, macrobiological processes of providing habitat for vertebrate and invertebrate animal populations and geohydrological processes within the larger landscape for providing detention and retention of surface water. Washington State Department of Ecology (WSDOE) has categorized and grouped the various identifiable wetland process into three kinds of wetland functions. (Methods for Assessing Wetland Functions; Volume 1: Riverine and Depressional Wetlands in the Lowlands of Western Washington. Washington State Department of Ecology Publication #99·1 IS). The WSDOE assessment methodology is an attemp~ to provide a level of quantitative assessment which can be used to identify and evaluate the relative functional contribution of wetland areas. The three general groups of wetland and functions are: Functions related to Water Quality Improvement; Functions related to Hydrology(Water Quantity); and Functions related to Wildlife Habitat Suitability. The relative value or potential for an individual wetland and its buffer to provide a given function is related to a number of factors including; overall size, position within the watershed, shape of the wetland, density and species composition of vegetation within the wetland and tile presence or absence of special habitat features. A summary of the functional assessment for the wetland and buffer area which will be impacted by the proposed road improvements and buffer averaging is presented on Table I. As noted on Table 1, the existing wetland and its buffer has moderate potential for wetland and buffer function. Project No. 123002 Page No.5 Mr. Kevin Wyman August 22, 2005 Revision December 13,2005 A primary wetland buffer function is in providing wildlife habitat for species associated with the wetland habitat as well as for species not directly dependent on the wetland area. For this property, the wetland area is of moderate si2e and has been subject to disturbance and some clearing in the past. There is no pennanent surface water within the wetland which would support amphibian wildlife species. With the presence of Himalayan blackberry, the buffer area has reduced habitat function. With control of the Himalayan blackberry and the planting of native trees and shrubs, there will be a reduction in the density of invasive non native species and an increase in native plant species diversity along with an increase in structural diversity. As the vegetation matures there will be an increase in the habitat complexity and habitat suitability and an increase in the.potential for use by increased numbers and diversity of wildlife species. Trees have been included so that there will be a forested component on the restored and enhanced buffer. Wetland Mitigation Requirements Where there is no feasible development alternative whereby wetland and buffer impacts can be avoided, and where impacts to the wetland and buffers arc miriimi2ed to the extent possible, the City of Renton Critical Regulations allow wetland and buffer impacts if there is compensation for any permanent wetland or buffer impacts (4-3-05-M8). For this project there is no feasible alternative location for the roadways for the Cherie Lane property. Any alternative road alignments would not meet the requirement to match existing roadways and limit the ability to access portions of the property on the northweSt comer. The access road is being designed to meet City of Renton design requirements which establish minimum road widths. The City of Renton requires that "The overall goal of any compensatory project shall be no net loss of wetland function and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of "no net loss" means to create, restore andlor enhance a wetland so that there is no reduction to total wetland acreage andlor function." (4-3-05M9a). The Critical Area Regulations (4-3-05M~ throughM12) provide guidance for determining appropriate compensatory mitigation ratios to meet the mitigation goals. Mitigation can be provided by creation of new wetland or by a combination of wetland creation and enhancement of an existing wetland. The standard mitigation ratio for impacts . to Category 3 forested wetlands is 1.5 : 1 (Wetland Area Created: Wetland Area Impacted). This ratio can be adjusted where a combination of wetland creation and wetland enhancement is proposed. If a combination of creation and enhancement is to be used; the mitigation shall include wetland creation at a minimum ratio of 1 : I and wetland enhancement at a ratio of 1 : I. For construction of the roadway, 4,646sq.ft of the wetland habitat will be impacted. Mitigation for the impact to the wetland will be provided by creation of 4,900.ft. of new wetland arid enhancement of 5,OOO.ft of the wetland. The areas proposed for wetland creation and enhancement are shown on the Site Development Plan (Sheet 2 of 4). New wetland area will be created by excavating to match the grade of the adjacent wetland to allow overflow from Project No. 123002 Page NO.6 Mr. Kevin Wyman August 22, 200S Revision December J 3, 20005 the wetland into the mitigation area. The shallow excavation will lower surface grades to reach the near surface shallow water table over the site. Grading to expand the existing wetland will involve some excavation of existing wetland. The mitigation area will be planted in native wetland shrubs and trees to accelerate the development of scrub-shrub wetland habitat on the mitigation area. Enhancement of the existing wetland will be carried out by making plantings of native trees and shrubs to accelerate the establishment of native scrub-shrub habitat on sections of wetland where there has been disturbance and there is sparse shrub and tree groWth. Enhancement will also involve work to control the growth of non native invasive species on the area designated as the mitigation area. The areas identified for wetland creation and enhancement will be adjusted in the final design and at the time of conStruction to avoid existing features and to select the most appropriate area for wetland enhancement. Ggals Rnd Obiectiyes Construction of the roadway will impact a relatively small area of the wetland along the western margin between the proposed access road and the wetland. With implementation of the proposed mitigation design concept, the wetland functions impacted by the limited filling wiJJ be replaced by creation of 4,900sq.ft of new wetland and by enhancing approximately 5,OOOsq.ft of existing disturbed wetland area. Proposed wetland mitigation areas are shown on the Site Development Plan Sheet (2 of 4). The areas shown are somewhat larger than the minimum requirements to illustrate the general location and concept of the proposed mitigation. To a large extent the wetland hydrology functions, will be mitigated by excavation to create new wetland area. This excavation to create new wetland area will expand the surface area and capacity for storage within the wetland to replace the hydrological function of the wetland area to be impacted. Water quality improvement functions will be mitigated with the reestablishment of native vegetation including herbaceous growth within the wetland creation area. The general goal of the mitigation plan is to create a wetland habitat area which has comparable or greater function as is found in the existing wetland to be impacted. This goal will be accomplished by replacing the area to be filled with new wetland, and by enhancing portions of the existing wetland and buffer. With completion of the mitigation design plan the total wetland area on the project will be expanded .. . The wetland mitigation design involves three general object6ives: 1. Establish new scrub-shrub wetland habitat which mimics native plant communities on a minimum of 4,900sq.ft. of created wetland area, having a minimum of four wetland shrub species and two wetland tree species. 2. Control the growth of invasive plants, including Himalayan blackberry and Scot's broom on the areas included i.n the mitigation plan. Project No. 123002 Page NO.7 Mr. Kevin Wyman August 22, 2005 Revision December 13,2005 3. Enhance existing wetland area occupied by emergent habitat to establish 5,OOOsq.ft of scrub-shrub habitat with a minimum of four native shrub species and three native tree species. Wetland HydrologylWater Regime The area designated for the wetland creation will be hydrologically supported by natural drainage from the existing wetland. In addition, the proposed grading for wetland creation will intercept the shallow perched water table which is present across the site to create wetland hydrological conditions. The grading plan for the new wetland area wil1 be designed to match the elevations in the adjacent wetland with the intent of allowing surface and subsurface water to spill into the newly created wetland area. The hydrological objective of the mitigation design is to maintain saturated soils to within 12 inches of the surface within the wetland creation area at least until May I of each year. WETLAND MITIGATION MONITORING Standards of Success A determination of the succeSS in achieving the buffer/wetland mitigation goals and objectives will be based on the following standards: Standards pf Success A determination of the success in achieving the buffer/wetland mitigation goals and objectives will be based on the foUowing standards: 1. A minimum SO-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. Project No. 123002 Page No.8 Mr. Kevin Wyman August 22, 2005 Revision December 13, 2005 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May I, measured consecutively, for each year during the monitoring period. 5. A water table within 12 inches of the surface through May I of each monitoring year. Sampling Methods Vegetative cover will be sampled by measurements along 50-foot long permanently established transects. Data to be collected on these transects include surviving plant numbers and aerial coverage by species. These transects will be located to provide adequate sampling of the different vegetation zones in the mitigation area. A minimum of five transects will be established to sample the buffer and wetland mitigation areas. Permanent stakes will identifY the end points of each transect. In addition to the sample transects, pennanent photo points will be established from which the mitigation area can be photographed. These photos will provide a pictorial record of the development of the area over time and will be used to supplement the quantitative sample transects. Monitoring Schedule The project biologist shall provide construction inspection services during implementation of the mitigation plan to ensure that mitigation design objectives are being met. It is important that wetland biologist provide observation and consultation services when work. is underway within mitigation areas. This is to assure that enhancement design is being appropriately interpreted and to be available to provide consultation and make adjustments in the event changed conditions are encountered and to identifY the specific limits of work. , An initial report describing the as-built conditions will be prepared for submittal to City of Renton when construction work has been completed. This report will be prepared upon completion of the plantings for the project and will identifY the work completed and document the baseline conditions for defining the success of the project in subsequent monitoring reports. Following completion of the project and acceptance of the plantings the mitigation area will be monitored on the following schedule. 1. 2. 3. 4. 30 days after completion Quarterly during the first year after installation of the plant materials. Monitoring shall be conducted during the months of March. June, September, and December. During June or July of the second, third, fourth and fifth years after installation. Final inspection of the mitigation project, five years after the mitigation plantings were installed and the mitigation work accepted as complete. Project No. 123002 Page No.9 Mr. Kevin Wyman August 22, 2005 Revision December 13,2005 The wetland biologist will monitor the project on the above schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These reports will be submitted to City of Renton within two weeks of completing each monitoring visit. The wetland biologist will prepare a final report at the end of the five year monitoring period to be submitted within thirty days of completing the tinaI mitigation inspection. This tinaI report will address the success of the project in meeting the project objectives. Care and Maintenance The mitigation area shall be examined periodically to determine the possible invasion of weedy pest species such as Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desirable, native species. These pest species shall be controlled as they appear on the buffer enhancement area. Reed canarygrass can be periodically cut to control its growth, and blackberry can be physically pulled out or cut doWn. Red alder and black cottonwood, or other tree seedlings which may become established shall be thinned to 8 ft. to 12 ft. centers. Irrigation wilJ be required during the first summer and possibly during the second summer after instaUation. Water shall be applied as necessary depending on rainfall and soil moisture conditions. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. Requirements for replacement of dead plant materials shall be identified during the monitoring inspection. Replanting as necessary will be carried out during the dormant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. We trust the information presented is sufficient for your current needs. If you have any questions or require additional information, please caU. Sincerely yours, AJderNW .lJ~p~ Garet P. Munger ~. Project Scientist Encl.: Table 1 Wetland Functional Assessment Summary Project No. 123002 Page No. to Wetland Function(1) Water Quality Improvement (sediment removal) (nutrient removal) (metals and toxics removal) Hydrologic Functions (reduce peak flows) (reduce downstream erosion) (groundwater recharge) Habitat Functions (general habitat suitability) TABLE I WETLANDfBUFFER FUNCTIONAL ASSESSMENT SUMMARY CHERIE LANE (WETLAND A) RENTON, WASHINGTON Rating(1) Comments moderate . Wetland has been disturbed by past grading. No surface connection with downstream waters. There is moderate herbaceous growth to provide filtration and biological uptake. moderate See comments on sediment removal moderate See comments on sediment removal moderate Wetland is near head of watershed. Storage capacity is reduced because of past disturbance. Wetland is primarily seepage area, little surface inflow to wetland. low moderate Wetland is underlain by relatively impermeable soils. moderate Wetland has moderate plant species diversity. Habitat suitability is reduced by past disturbances and establishment of Himalayan blackberry. (habitat suitability moderate The wetland becomes dry during summer months and there is no persistent shallow wetland related surface water to provide habitat for aquatic invertebrates and amphibians. There species) is no open water for wetland associated birds or mammals. (native plant richness) (primary production and export) moderate Wetland hasHimalayan blackberry present. Low plant species diversity in wetland moderate Wetland area is moderate in size. No surface connection to other surface waters. Wetland Area l6,349sq.ft. Area of impact, 6,646sq.ft Wetland Community (2) Type(s) Palustrine forestccl. palustrine scrub shrub, palustrine emergent (I) (2) Based on Cooke, S. S. (1996) Wetland and Buffer Functions Semi-Quantitative Assessment Method and WSDOE Methods for Assessing Wetland Functions Volume I: Riverine and Depressional Wetlands in Lowlands of Western Washington, Cowardin et al (1979) Classification of Wetlands and Deepwater Habitats " B4~R ,!IIi -Kathy Keolker·Wheeler. Mayor November 28, 2005 Kevin Wyman (VIA FAX) Mackenzie River Homes 16540 SE 149th Street Renton,WA 9'8059 CITY ( ~', RENTON PlanningIBuHdinglPublic Works Department' Gregg Zimmerman P.E., Administrator. SUbject: Changes to Final ,Wetland'Mitigatiort,PlanlProposed 'Maintenance & 'Monitoring' , Cherie Lane·Final Plat~ File·;No. LUA05-073 . . ..... ', Dear Mr. Wyman Thank you for submitting·the'fiiul.lwetlal1d mitigiltiol'i'planlmonitoring pr'oposal for,Cherie 'Lane Final Plat. I have now had the opportunitY.to:.i-~v.ie:w the plan and, 8-22-05. letter to Mackenzie River Homes prepared'by your wedands' consultail}Alder'NorthwestI apologize for the delay in providing comments On the:plai1/ieport.,· , Changes needed to Wetland~Mitig~th:mlMonitoring Plan and 'iFinal Wetland' . EvaluationlMitigation Design'" ,letter: . Clarify·Final Square FQotages: Ih te~ewing boththe.~-22.;.05 "Final.Wetland Evaluation/Mitigation Design"letter'and the8-22-:05.initigation plan, I Tioticed's6me ,different figures regarding mitigation square footages (3,200 vs~ 4,(550 square foot of created wetlands, and 5,000 square foot vs. 4,650 square feet of enhancement). Please verify final square footages and make all references consistent throughQut the plan set and in the "Final Wetland . Evaluation/Mitigation Design" letter., It does not appear that Sheet 2 of 4 of the 'wetland mitigation plan has'taken into account,all the "paperfill"'areas.(those areas where proposed development results in·a wetland buffer area 9f lessthan.25') .. Since the legend for this plan is incomplete (no symbols for wetland fill areas or paper fill areas) and no scale is, indicated, I am unable to verify that the required mitigation ratios have been provided. Please revise Sheet 2 of' 4 to clarify the square·footages, oreach individual area of wetland fill, pap.er fill (wetland ,converted to buffer) and wethmd're-creationandwetiand enhancement. BesuTe to pTovide a sepaTate symbol/shading fOT each type and inciude squaTe footages for eac~. In oTdeT to simplify and make the plan more legible; please ,omit all symbols Telating to buffers,(existing or relocated). ---------------------------~tO~5~5~S-ou-tt~1~G-ra~dy~W-ay---R-e-n-to-n-.W~a-s~hl~'n-gt-o-n~9780~5~5---------------------------~ * This paper conlains 50% recycied malerial, 30% posl consumer AI'IEAD OF THE CURVE Mr. Kevin Wyman . November 28,: 2005' Page 2 ' .. P.~n ·Sh~etHeadings:.Since·youhav~~pted to combine the.final mitigatio~piaD. anti the .' .' . ··moJiitoring prop9salinto one document, please entitle eil(~h page of the plan 'sd FinaI.W?tland·· . . Mitigatioii'Plan and Ma'i1iten em eel Monitoring pian': .... . '. .' . . , :. .• ". 'Fen~i~'g ·and .. Sig~age:·· Please revi'se ~e'tl~d mitigatioh plan. Sheet 2 of-4 to 'sh~'w cotriplia~c~ .... ..... WithJ3nv:irorunentalRev.iew.Comm'ittee coil~itioris rehiting,to.critic~l areas split rail fencing and . sigiiag¢. p'l~ase mdicate the specific 'prop'os<;:d locations for' fencirig.a,nd ~ignage surrounding the: , critical ar~as tract. ,Please also add a critical area sign.detail and' revise the fencing'detail'to . . ... ·provicle.asp·litfailstYleJence M required by the Ci,ty.·: ": '. . ";. .'.. .' ", · .•. ~I.lllingP:l .. n,Ple~~ ~~vlsesh~et~ 00t~1¥~' tOoIllilthos¢~~.S;~dic~i~dwi\hin ",.' . . , .: nght-<;>f"'Way or lot bUIldmg pads th~tt,ha~~\.be~,r wiiJtDe<{~m(;>ved .. ThI~ speet m~y need JU,rther . " .. :.:-".. . revi~i~ns'depending ~n:ch~~e~ ~~(f~~~o~the~J~.~an ~he~tJt~~ ... '.: ....... : .. .: . .... . ..... . ',' . .M.intell.n~elilld.MOilit(n'iQt~JihjJ?or'~-;'~an~J!i)\w~t1an~' ...... . " :" ,·:EvaluationlMitjgation De§,i'gn;"·lett€r:. Ple~e r~ViSe.allre~Jrepc;'e~~ ni6nit9iing pf?riod:length .,., ", ". .', .. to· r~ad 'r' a ni41inium .'()f s,~~~ar ~tirt{en~c~ i~J"N'f6riit~~~·g'; .. In :6rdq,f for the' pl~:to meet City .~ .. , .. ' .... .. , -require!TIenis"all ,teference~ to Plorlitqq~~izfa1,~t~~)nca~n\~q, 9.Pe ieVtfsed t~·covet:a·,mi?imuJll.. . . . . ' .' .', S':~e·ru:peripd. 'Please.a;lso~evi~e .~l itf$i6~~~~~w.~~mfi~st ye~m~it~rng sch~dul.e to·co1l1Ply. .: ':,'c. ' .. ': with ~c S~ction, 4,-8.J~~p~3;.,1\iis,:~~Sii~~tre~~" ' ,Qu.ar1rlr m'oyitorin~'repo~s for the ~rst ',",: ....' /earand3!1l1ualreports~e\a~\:""'~/>1' ' .. '.' ' .. '.:". .:. ,.' ~~~nd~rd~· .6f Sl}~cess: ~ ou ~~:~~1~)o:r~:~,~~!.~~!S~lhe:.p~~fP~:w.frrs~yeaf',i ~9.% s~rvival.. . ." '. '. ,.~ ,s~<;c~ss cntena.b~~~u!)e If: -1,OO~~\~~~r~S]~?f'~9Qj~le!ii.I~.)pejjr~t .ye~, .~e'Clty ~ust ~e~tart '. . '.' .... the 'S-year momtonng penod ovenig·~lll'. Tpel~!pO% l;!~~r"rtfa'y mst~ad be more appropnately •. '~}D:~lud~d }rtY9.\Ir land$c~piii~ coPp'ac1!'~~e~\~1UJi91~~e~e;alll~te~::a$. a standat~/ci~.: . . .... determmmg succe~s o,fyourwetJand project. .•.. ~ .'. ," .".' .. . . ,.-, ' :, . ':")Ilstailati~D' S~rety A~ount:· In' ~rd~r tb.·pr9vide yo~ \vith';the amount of se~urity: h,ece~~aiy for: :. ·~'the installation .of.th~ W'etlanq mitiga~ion plantings,~'ignage'and fencing, we wilf need 'a c()py.of . . .' the signed inst~llation ~ontract for thIs work. ' ...... : . . ':, '. . . .. ~. . ' .. " ',', ···::·.Monitori~~·:'~nd.1\f·~i~t~~ance.·~uretyAm~~nt: Ii10rdeitoproVide'YOu'with'th~"~~u~tdf" . ' ... c,' sec~tYrie'cessa~ifor:the"mai~tenante ~nd:iriorijioriI1g ~f the .wetlan·d mitigatib~:pjaTitii1gs,· .. '" . . ' .. ' sign'age;andJencing;we will need.a topyofthe si~e~trhalntenance and.moni.toririg:con.ttact [()f ·.this,work. The'~cope'ofthe:coritract must Clearly cover the cost ofplanrmaintenan.tecznd .. . .. replacement as welL:Tl1e contract should also ensure that '·"strUctures; unproyeme,rits, and .. ' . ·'mitigation.p~rform satisfactorily Jor', a period of'S years" (e:g. add'provisions foi":plant~' . " . replacement and weeCltemoval referencing:compliance with.the.surVival rates noted in the.'final . approved wetland mitigation plaIt The contract must include quarterly monitoring reports for the first year and annual reports thereafter." ..., -I . Mr. Kevin Wyman . November 28, 2005 Page 3 . " , M~nitoring and l\1aintenanc~ Period, Start Date: Onc,~the final.weth~rid pJan is' approved,' arid'the mitigation,project has been installed, please provIde me,with the wetland consultant's written 'co~nnationof installation pursuant to th~fji1,a:l approved,'mltigation -plan'; The date the" City receives this Written confimiation will constitute, the'begiiming of the' 5-y'ear mairttenanc,e and 'monitoring. period;" , " ,",,' '. ' , ' , Laureen Nicolay' SeniorPlanner ' cc: File LUA05-073 Steve Schrei, Core Design, Inc; Steve Beck , ArnetaHenhinger Jennifer Henning Garet 'P. Munger, AlderNW I Laureen Nicolay -Cherie Lane Wetland MitigatioriPlan--p--------~--~--~----~- From: To: Date: Subject: Kevin, Jennifer Henning Wyman, Kevin Wednesday, November 23,20052:12:07 PM Cherie Lane Wetland Mitigation Plan I've been reviewing the final wetland mitigation plan (text and drawings) for the Cherie Lane Plat. The Plan is Not Approved. There are a number of problems with the plan that Alder NW has prepared, and we will be contacting Garet Munger on Monday to discuss our concerns. In a nutshell, the drawings are very difficult to read, with similar line weights used for grading contours, wetland, and buffer areas. Legends are incomplete, and the areas to be filled, created, and/or enhanced are difficult to discern (page 2 of 4). The location of the fence will need to be shown on the drawings. The split rail fence detail should be revis~d to show a true "split rail" fence. A detail of the code-required wetland signage will be needed. The Planting Plan (page 4 of 4) indicates that the existing trees will be replanted in their current location. In addition, plantings appear to be proposed in the right of way. This is not intended to be a complete list, that is forthcoming early next week. I've asked Laureen Nicolay, Senior Planner to continue the review for this wetland issue. She will be contacting Garet at AlderNW with the City's comments. Laureen can be reached at: (425) 430-7294 or Inicolay@cLrenton.wa.us As applicant, you should review the "Standards of Success" that are proposed on your plan (sheet 1 of 4). Also, the monitoring schedule. The City will require that the monitoring occur on a quarterly basis the first year, and annually thereafter. If the "Standards of Success" are approved as proposed, and the plants have not achieved the 100% survival, the five-year monitoring clock will reset, and you begin again. Jennifer Toth Henning, AICP Principal Planner City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 (425) 430-7286 ph (425) 430-7300 fax jhenning@ci.renton.wa.us cc: Henninger, Arneta; Kittrick, Kayren; Nicolay, Laureen; Watts, Neil Jennifer Henning -,Cherie Lane From: To: Date: Subject: Kevin, Jennifer Henning Wyman, Kevin 11/22/20056:54:57 PM Cherie Lane Since accepting the set-aside is so unusual, frankly, we've never done this before .... I'm taking extra care to make sure that I give you the right information. We will need a set-aside for 150% the cost of the plant materiais, installation of plants, installation of irrigation, and any structures. In addition, we will need the proper setaside for 5 years of wetland monitoring (quarterly the first year and maintenance per the mitigation plan; and a setaside to insure survivability of the plants. I'll send you a detailed email on Wednesday with the requirements. I'm taking your mitigation plan with me tonight to ensure that it meets Code. Page 11 Jennifer Henning -Cherie Lane From: To: Subject: Hi Kevin, Jennifer Henning Wyman, Kevin Cherie Lane As we discussed previously, the City of Renton will accept a security device in the form of an irrevocable cash-setaside, or letter of credit for the wetland planting. You will need to have the plantings installed within 90 days of the recording of the plat. You will need to ensure that the estimated cost of the plants PLUS installation of the plants is provided for in the security device. This is being treated as a deferral item, and requires approval of the Development Services Director. 1. Provide the written cost estimate from your landscape supplier and installer that will represent the total cost of the plant materials, soil, amendments, staking, installation and operation of irrigation, etc. 2. Provide a written cost estimate and proposal from your wetland consultant representing the cost to accomplish 5 years of wetland monitoring and maintenance per the City-approved performance standards (per final wetland mitigation report). This must include quarterly monitoring for the first year, and annual reports thereafter. The contract for the work must ensure that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years." 3. Provide a written cost estimate from your wetlands specialist for the review and inspection they will accomplish to attest that all wetland mitigation and improvements, are installed pursuant to and are consistent with the final wetland mitigation plan. A copy of the final wetland mitigation plan should be attached to the cost estimate. 4. The amount of the cash set-aside, irrevokable letter of credit will be 150% of the cost of the above referenced items: cost of plants, Installation of plants, monitoring and maintenance for a period of 5 years (with quarterly reports the first year) . Page 1 j \ ~ ":. CIT"'! OF RENTON . , Kathy Keo'iker-Wheeler. Mayor October 14, 200S Kevin Wyman Mackenzie River Homes 16S40 SE 149th St. Renton, WA 980S9 Re: Cherie Lane Final Plat, File No. LUA-OS-073, FP Dear Mr: Wyman:. ~ .<1, 'p, City Clerk Bonnie T. Walton At the regular Council meet.ing or October 10; 2005; the Renton CityCounciJ. approved the referenced final plat by adojJtillg Resolution No. 377S. A copy of the re~olution is ene.losed for your files. . If! Catl p~dvid~additiohal inforfnationor'as~i~;tariGe': 'please feel free to·contact me~ . \ <..". ,.,,' ". . '. '. ,'. '. Sincerely,: . :', " Bonnie I. Walt()11 City Clerk' Enclosure CC: ,Mayor Kathy Keo!Jecr-Wheeler Coullcl1..President TeITJ. Briere , " " " , . " Arneta Henninger, Develop~rient Sei'Vi,ce~ Divisi<;m , Stephen, Schrei, Core Desigli, Inc., 14711 NE 29th PL, Ste. 101, Bellevue, 9~007 -)-05-5-S-o-ut"-h -a-ra-dy-W,-ay-.-R-e-nt-on-, -W,-as-h-in-gt-o-'n ::"'9-80-5-5 -. (-42-5-) 4-3-0.-6"':"5)-0-/ F-J\X-(-42-5-) 4-3-0.-65-)-6-'-· ~ ® This Ilaperconlains 50'% recycled materlnl, 30% post consumer AHEAD OF THE CUItVIl •• •• CITY OF RENTON, WASHINGTON RESOLUTION NO. 3775 A RESOLUTION OF THE CITY OF RENTON, WASHlNGTON, APPROVING FINAL PLAT (CHERIE LANE; FILE NO. LUA-05-073F.P). 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 Planning/BuildinglPubJic 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 pubJic 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: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/BuildinglPubJic Works Department pertaining to the foJlowing described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as iffuJly set forth 1 .... . RESOLUTION NO. 3775 (The J?roperty, consisting of approximately 4.98 acres, is located in the vicinity of S. 35 Street and Wells Ave. S.) 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/BuildinglPublic Works Department dated September 30, 2005. PASSED BY THE CITY COUNCIL this lOt h day of __ ..::;.O.:..c t=-:o~b~e=r_-:>, 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this lOt h day of ____ Oc_t_o_b_e_r __ --", 2005. Approved as to form: cf~?1Nr-.- Lawrence 1. Warren, City Attorney RES.1135:10/05/05:ma 2 ,. . • CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description RESOLUTION 3775 EXHIBIT A Core Project No: 03090A 04/13/05 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., 1N KING COUNTY, WASHINGTON; EXCEPT THE NORTH 330 FEET; ALSO EXCEPT THE EAST 660 FEET. '.CHERIE:t.iANE :F1NAL;PLAT :VlClNrtY'MAP . RESOLUTION NO. 3775 J:.i!I.~;NEi$:~~.~i(J; Be/10M, ,W~98007 /dii/iJ;iclfP .~ !f~;~95..m~ '" .. ... • ". :.: ; , . October 10, 2005 RESOLUTIONS AND ORDINANCES Resolution #3775 Plat: Cherie Lane, S 35th St & Wells Ave S, FP-05-073 Franchise: Sprint Communications, Fiber Optic Communication Facilities NEW BUSINESS Council: 2006 Legislative Priorities EXECUTIVE SESSION AND ADJOURNMENT Recorder: Michele Neumann October 10, 2005 Renton City Council Minutes Page 349 Mayor Keolker-Wheeler stated for the record that the Administration recommended denial of the action for the following reasons: 1) The precedent that is created because the existing Bosair lease did not allow flight schools and there are other locations at the airport that do allow flight schools. The Administration did not want to a change an existing lease to allow a use that is not normally allowed. 2) Concerns from residents regarding the impacts from night schools and the planes that circle the area, and Council's prior direction to deal with those issues differently than proposed. 3) The presence of an Airport Plan, which is another direction from Council, that proposes higher and better uses for the Airport. Councilwoman Palnier explained that AcuWings has shown that they are concerned about the residents, will be a good tenant, and have participated with the Airport Advisor'y Committee. She noted that the flight school has different plans than the night schools currently in place. Ms. Palmer stated for the record that the decision was made with a great deal of thought a~d investigation. The following resolution was presented for reading and adoption: A resolution was read approving the Cherie Lane Final Plat; 4.98 acres located in the vicinity of S, 35lh St. and Wells Ave. S, (FP-05-073). MOVED BY , CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeling of LOll 7/2005 for second and final reading: An ordinance was read granting unto Sprint Communications Company L.P., a Delaware Limited Partnership, its successors and assigns, the right. privilege, authority and master use agreement to install telecommunication facilities togelher with appurtenances thereto, upon, over, under, along, across the streets, avenues, and alleys of the City of Renton within City right-of-way and public prqperties of the City. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READlNG ON 10117/2005. CARRIED. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL REFER 2006 LEGTSLA TTVE PRIORITIES TO THE COMMITTEE OF THE WHOLE. CARRIED. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL RECESS lNTO EXECUTTVE SESSION FOR APPROXlMATEL Y 70 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCH ... MEETlNG BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:06 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:2 L p.m. ~'''-WaRi;hy Bonnie T. Wallon, CMC, City Clerk \ October 10, 2005 CONSENT AGENDA Council.Meeting Minutes of 10/3/2005 Court Case: Estate of James Frederick Brutsche, CRT -05- 012 Development Services: Deferral of Street Improvements Plat: Cherie Lane, S 35th St & Wells Ave S, FP-05-073 Development Services: Ridgeview Court & Elmhurst Plats, ROW Dedication, Bremerton Ave NE Annexation: Mosier II, J40th Ave SE & SE 136th St I-Tuman Resources: Police Officers Guild Commissioned & Local 864 Firefighters Lubor Contracts WSDOT: Renton Hill Access Concurrence Letter UNFINISHED BUSINESS Transporlation: Bus Rapid Transit Renton City Council Minutes Page 347 Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 10/3/2005. Council concur. Court Case filed on behalf of the Estate of James Frederick Brutsche, et al by John R. Muenster, 1111 3rd Ave., Suite 2220, Seattle, 98101, pertaining to a police drug raid on the Brutsche family property located in the City of Kent on 7110/2003. Refer to City Attorney & Insurance Services. Development Services Division recommended approval to replace the option for defen-al of street improvements for short plats with participation in fee-in- lieu-of defe'Ted street improvements. Refer to Transportation (Aviation) Committee. Development Services Division recommended approval, with conditions, of the Cherie Lane Final Plat; 16 single-family lots on 4.98 acres located at S. 35th St. and Wells Ave. S. (FP-OS-073). Council concur. (See page 349 for resolution.) Development Services Division recommended acceptance of a deed of dedication for additional right-of-way on Bremerton Ave. NE to fulfill requirements of both the Ridgeview Court Plat (PP-04-131) and the Elmhurst Final Plat (FP-05-090). Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on ] 0/2412005 to consider the proposed Mosier II Annexation and future zoning of the site, the boundaries of which were expanded from 31.24 to 65 acres. The site is located between 140th Ave. SE and Lyons Ave. NE, north of SE 136th St. Council concur. I-hunan Resources and Risk Management Department requested approval of the Renton Police Officers' Guild Commissioned Unit and Renton Firefighters Local 864 labor agreements, each for three years (2006 to 2008). Council concur. Transportation Systems Division recommended concurrence with the WashIngton State Department of Transportation regarding Renton Hill access. Refer to Transportation (Aviation) Committee. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Councilman Corman reported on the Eastside Transportation Partnership's (ETP) recommendation for Sound Transit Phase 2 (ST2), in particular the issue of 1-405 Bus Rapid Transit (BRT). He explained that prior to a recent ETP meeting, BRT was not an element of ST2, and thanks to the work of City staff and el~cted officials, ETP was successful in the listing of the BRT stations and capital improvements on the ST2 plan for evaluation by Sound Transit. Councilman Corman gave a briefing on BRT, highlighting characteristics of the bus, including its low floor design, configuration, capacity, and precision docking capability. He noted BRT's streamlined fare collection system, and the queue jump lanes and transit signal priority, which allows BRT to bypass queues of general-purpose vehicles at intersections and to extend the signal green time or reduce the signal red time at intersections. Mr. Corman displayed conceptual drawings of the park ancl rides and inline stations, and drawings of the potential alignment of this transit service. 'OF RENTON COUNCIL AGENDPLL SUbmitting Data: PlanningIBuildingIPublic Works DeptlDiv/Board .. Development Services Division Staff Contact ...... Arneta Henninger X7298 SUbject: CHERIE FINAL PLAT File NO.: LUA 05-073FP (Preliminary Plat LUA 03- 110) Exhibits: 1. Resolution and legal description 2. Staff report and Recommendation Sept. 30,2005 Recommended Action: Council concur Fiscal Impact: N/A Expenditure Required ... Amount Budgeted ....... Total Project Budget SUMMARY OF ACTION: I AlII: For Agenda of: October 10, 2005 Agenda Status Consent. ............ .x Public Hearing .. Correspondence .. Ordinance ............. Resolution ............ X Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept.. ...... .x Finance Dept. .. .. Other ............. .. Transfer/Amendment.. ..... Revenue Generated ......... City Share Total Project.. The recommendation for approval ofthe referenced final plat is submitted for Council action. This final plat subdivides 4.98 acres into 16 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and constmction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Cherie Lane Final Plat, LUA 05-073FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. 1:\Templntes\AGN13HPll.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (C.DERJE LANE; FILE NO. LUA-05-073FP). 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/BuiJdinglPublic 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 wiJl be served by the platting of the subdivision and dedication; . NOW,' THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHlNGTON, DOES ORDAlN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. ' SECTIONll. The final plat approved by the PlanningiBuildinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as iffully set forth · RESOLUTION NO. __ _ (The .r.roperty, consisting of approximately 4.98 acres, is located in the vicinity of S. 35 I Street and Wells Ave. S.) 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 September 30,2005. 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 fonn: Lawrence J. Warren, City Attorney RES.1135: 10/05105:ma 2 ~OHERllr:IiANE :f1IrfAU~1A 11 . MctM1Y:~ P-A:«fi, l\bF"i 1if~~{\.$.J~~-,}I}~'i III~.WII?, ,W~ 9800l .4ti;(#;?W f91Ilf~;a8,f~~ . (/fd'· lU,;'N;Nl1:~;';G~1 .:scJiliV-i; 'f1,N:G .J0:8' N.O.. :t:U9~():go. CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description EXHIBIT A Core Project No: 03090A 04/13105 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 330 FEET; ALSO EXCEPT THE EAST 660 FEET. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNINGIPUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Mackenzie River Homes Cherie Lane Final Plat (Preliminary Plat LUA 03-110PP) File: LUA 05-073FP S 35 St and Wells Ave S Section 29, Twp. 23 N. Rng. 5 E. Final Plat for 16 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Mackenzie River Homes, filed a request for approval of a 16 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEP A) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on January 7, 2004, for the subject proposal. 4. The subject proposal was reviewed by all departm~nts with an interest in the matter. 5. The subject site is located at S 35th St and Wells Ave S. TIle new plat is located in Section 29, Twp. 23 N. Rng. 5 E. 6. The subject site is a 4.98 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on April 12,2004. 8. The property is located within the R-8. 9. TIle Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERe: 1. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in Section D.4.3.1 of the King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off-site and on-site improvements as well as building construction. The required fence has been installed. 2. Shallow drainage swales shall be 'constructed to intercept surface water flow and route theflow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in Section 4.4.1 of the King County Surface Water Design Manual. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. The required drainage swales have been constructed. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and all-site improvements as well as building construction. This measure has been satisfied by the project contractor. 4. Weekly reports on the status and conditioll of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. This measure has been satisfied by the developer. 5. The applicant shall fill all sinkholes located on the site with compacted soils. All sinkholes have been filled and compacted. 6. The development shall not place any building structures, storm water detention facilities, roads or utilities within the designated high hazard areas, and shall be restrictedfrom the use of mine rock fill containing more than 20% coal by weight as structural fill. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division throughout the duration of site preparation and building construction activities This measure has been satisfied by the completion of construction of the approved engineering plans and action taken by the Development Services Division. 7. The development shall place all structures a minimum of 15 feet from the High Coal Mine Hazard area boundary as depicted on the plat. A note shall be placed on the face of the plat stating this requirement. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. This measure has been satisfied by the completion of construction of the approved engineering plans and action taken by the Development Services Division. The required note has been added to the Final Plat. 2 CHERIELANEFP.DOCI 8. The applicant shall install permanent fencing (i.e. split rail or other approved barrier) with signage at visible locations around the perimeter of the high coal mine hazard area and as it e.xtends into Lots 14, 15 and 16 in order to provide adequate notice to residents or visitors that there are known coal mine hazards in this area. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. The required fencing and signage has been installed. 9. The applicant shall place a note on the face of the plat, as well as record a restrictive covenant, subject to the review and approval of the City Attorney and the Property Services Section, prior to the recording of the final plat which states thefollowing: COAL MINE HAZARD NOTICE The lots created herein fall within a coal mine hazard area as identified by a Geotechnical Engineer at the time of this subdivision. Presence of such a hazard may trigger mitigation measures at the time of constnlction. No structures or improvements shall occur within high hazard areas. The required note has been added to the Final Plat. The separate covenant shall be provided by the developer. 10. The applicant shall record a restrictive covenant to run with the land that states the developer and all future home owners will hold the City harmless from any damages occurringfrom land movement, slide, col/apse or other similar event caused by the coal mines known to exist beneath the site. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and the City Attorney prior to the recording of the final plat. This has been noted on the Final Plat. The separate covenant shall be provided by the developer. 11. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report, dated November 13, 2003, as prepared by AlderNW in regards to wetland maintenance, monitoring and construction of the project. All required recommendations have been complied with. 12. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored constructionjlags to indicate the boundaries of the wetland area and buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. The required fencing has been installed. 13. After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e. split-rail fence or other approved barrier) and signage along the entire edge of the wetland buffer to denote the critical area. 17le satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording ofthefinal plat. The required fencing and signage have been installed. 14. The applicant shall comply with the 1998 King County Surface Water Drainage Manual Level 2 Flow Control for the project. The approved engineering plans have been prepared to comply with these requirements. 3 CHBRIELANEFP.()OCI 15. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. The fee shall be paid prior to the recording of the final plat. The required fee will be paid by the developer prior to the recording of the final plat. 16. The applicant shall provide the necessary means of access to serve the development. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. Access has been provided. 17. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the recording of the final plat. The required fee will be paid by the developer prior to the recording of the final plat. 18. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot. Thefee shall be paid prior to the recording of the final plat. The required fee will be paid by the developer prior to the recording of the final plat. 1l. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall submit a revised PMT (8-112 x 11 reduction of the plat that complies with the development standards. The revised PMT shall be submitted prior to the recording of the final plat to the development Service Division. The required revised PMT reductions of the plat have been included with this first submittal. 2. The applicant shall indicate on the face of the final plat the orientation of the front yard and side yards along a street for Lot I with the front yard facing the north property line (having the attached garage accessed from the north) and the west property line be the side yard along a street. The satisfaction of this requirement is subject to the review and approval of Development Servicers Division prior to the recording of the final plat. Restriction No.1 on Sheet 2 of the final plat addresses this condition. . 3. The following lots are required to utilize their respective access easement: a) Lots 5 and 6; and b) Lots 13 and 14. The condition shall be placed on the face of the final plat. Restriction No.2 on Sheet 2 of the final plat addresses this condition. 4. The portion of the plat property, lying northwesterly of the street righ t-of way for South 35th Street abutting the cul-de-sac. shall become part of the street right-ofway dedication. The satisfaction of this requirements is subject to the review and approval of Development Services Division. The area in question has been included in the area to be dedicated as public right-of-way, as shown on the final plat. 4 CHERIELANEFP.DOCI 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for all shared improvements within Ihis development. A draft of the document(.v}, ifnecessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the short plat. This condition shall be met by action taken by the developer. Copies of the Covenants, Conditions and Restrictions have been submitted to the City along with this first submittal of the final plat. 6. Sanitmy sewer sen1ice will befrom the Soos Creek WaleI' and sewer District. The applicant will need a written confirmalion that sewer service will be available as soon as possible. Sanitary sewer service will be taken from the Soos Creek Water and Sewer District's sanitary sewer facilities currently being constructed, according to the approved construction plans following the completion of construction and approval from Soos Creek. The developer shall provide a letter of availability. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. 5 CHERIELANEFP.DOCI CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description EXHIBIT A Core Project No: 03090A 04/13/05 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 330 FEET; ALSO EXCEPT THE EAST 660 FEET. 'CHERIE;LANE ANAL· PLAT :VICINITY'MAP PAGE 10F'1 !47:) I.Ne:~)iIQCO"Ii'1>' 80//0'Il10, Wcilhl~ 98007 ,4"s~Q~i7tW '~~ ~'S,8i1~.fP'6~ pLANN'j'N:a~, ;sl.J..il i,ie yi"N,(j Jo:a N,O,.O:a;O_90 ffi····" t' . ':"' ~ ','. ','"N,',""· @ « ...J 0.. Z ::> 8 . : ... TRACT A 7 34 S. 35TH ST. 2 4 ___ ~ __________ ~g.Q:r,;~==~:t~1-__ -l-r~ __ -J~~ ____ 5~ __ j[ __ ~~ __ ~Jl~39 NBB'0311 'E 0 cri . 28 IJJ ~.I CEDAR AVENUE , _ --,---. VOL.228, PG'S 29-34 1 29 27 ~ 30 J_ 3S. y"=-NO. 200505060002.' CHc/\IL L A/\TC 1-T-~1RACT8 TRACT A ; \ Date: To: From: CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM October 4, 2005 City Clerk's Office Patrick Roduin Subject: Land Use File Closeout Please complete the following Information to facilitate project closeout and Indexing by the City Clerk's Office . = .. 'l" ~.ar;·4C':;:ij f a.l 11!~ n t it b 4" . j! a ; F 'I P ... ! e j' = .i ! = Project Name: Cherie Lane Final Plat LUA (file) Number: LUA-05-073, FP Cross",References: AKA's: Project Manager: Arneta Henninger Acceptance Date: June 20, 2005 Applicant: I<evln Wyma / Mackenzie River Homes Owner: Sandy M. Vath & Peter M. Gannon Contact: Stephen Schrel / Core Design, Inc. PID, N".mber: ER.C Decision Dilte: ERC Appeal Date: Actmlnlstratlve Denial: Appeal Period Ends: Public Hearing Date: Date Appe"led to HEX: By Whom; HEX Declsl9n: Date: Date Appealed to Council: py Wh9m: Council Decision: Date: Mylar R.ecordlng Number: Project Description: 16 lot final plat with wetlands and protected slopes Subdivision of 4.gB-acres for 16 single-family lots Including water, storm, road and street lights. Location: S of southerly terminus of Wells Ave S Comments: I Jennifer Henning -Re: Wetland Planting • From: To: Date: Subject: Kevin M Wyman <kevin@mackenzieriverhomes.com> Jennifer Henning <Jhenning@ci.renton.wa.us> 09/30/2005 11: 16:0 1 AM Re: Wetland Planting Thanks Jennifer, that is great. I'm looking forward to getting the comments to Garrett and moving forward. Kevin M Wyman Mackenzie River Homes Inc .~ kevin@mackenzieriverhomes.com <maiito:kevin@mackenzieriverhomes.com> (206) 419-0349 c (866) 817-3376 f Jennifer Henning wrote: >Kevln, >1 did speak with Nell Watts, Development Services Director, and we will let you put up a security device for the wetland planting. This is somewhat unusual, and is only being allowed this time, as staff has delayed you from obtaining the bids and scheduling the work in planting the wetland. >1'11 send the detailed memo to you later this morning. Thanksl > >Jennifer Toth Henning, AICP >Princlpal Planner >City of Renton Development Services Division >1055 South Grady Way >Renton, WA 98055 >(425) 430-7286 ph >(425) 430-7300 fax >jhenning@ci.renton.wa.us > > > > Page 1 ; - -. I j City of Renton InterOffice Memo To: From: Datc: Sub,icct: Larry Warren, City Attom~\ Ameta Henninger l\. ~ September 30, 2005 Cherie Lane Final Plat LUA 05-073FP • '. Attached for your action are a copy of the agenda Bill and a draft version Resolution for the Cherie Lane Final Plat. The proposed date for consideration by the Council is October 10,2005. If J may be of assistance in expediting this request please call me at 430-7298. Thank you. cc: Kayren Kittrick Yellow File LUA 05·073FP CITY RENTON COUNCIL AGENDA BIT Submitting Data: PlanninglBuildinglPublic Works DepUDivlBoard .. Development Services Division Staff Contact.. .... Ameta Henninger X7298 Subject: CHERJE FlNAL PLAT File NO.: LUA 05-073FP (preliminary Plat LUA 03- 110) Exhibits: 1. Resolution and legal description 2. Staff report and Recommendation Sept. 30,2005 Recommended Action: Counci I concur Fiscal Impact: N/ A Expenditure Required ... Amount Budgeted ....... Total Proiect Budget SUMMARY OF ACTION: I AI#: For Agenda of: October 10, 2005 Agenda Status Consent. ............. X Public Hearing .. Correspondence .. Ordinance ............. Resolution ............ X Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept.. ....... X Finance Dept.. .. .. Other ............. .. Transfer/Amendment. ...... Revenue Generated ......... City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 4.98 acres into 16 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. ST AFF RECOMMENDATION: Approve the Cherie Lane Final Plat, LUA 05-073FP, with the following conditions and adopt the resolution. 1. All plat fees shal1 be paid prior to recording the plat. 2. Al1 plat improvements shal1 be either constructed or deferred to the satisfaction of City staff prior to recording the plat. 1:ITemplntcs\AONBHPII.doc/ DEVELOPMENT SERVICES DIVISION BUTLDING/PLANNINGIPUBLIC WORKS CITY OF RENTON ST A.FF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Mackenzie River Homes Cherie Lane Final Plat (Preliminary Plat LUA 03-110PP) File: LUA 05-073FP S 35 St and Wells Ave S Section 29, Twp. 23 N. Rng. 5 E. Final Plat for 16 single family residential lots with water, sewer, stonn, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION I-laving reviewed the record docu~ents in this matter, siaffnow makes and enters the following: FINDINGS: 1. TIle applicant, Mackenzie River Homes, filed a request for approval of a 16 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. TIle Environmental Review Committee (ERC), the City's responsible official, issued a Detennination of Non-Significance-Mitigated on January 7, 2004, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. TIle subject site is located at S 35th St and Wells Ave S. TIle new plat is located in Section 29, Twp. 23 N. Rng. 5 E. 6. The subject site is a 4.98 acre parcel. 7. TIle Preliminary Plat received City of Renton Council approval on April 12,2004. 8. The property is located within the R-8. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERe: 1. 11,e applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated. and shall be constructed in conformance with the specifications presented in Section D.4.3.1 of the King County Surface Water Design Manual. Appendix D. This will be required during the construction of both off-site and on-site improvements as well as building construction. The required fence has been installed. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the }low away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in Section 4.4.1 of the King County Surface Water Design Manual. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. The required drainage swales have been constructed. 3. 11,e project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements as well as building construction. This measnre has been satisfied by the project contractor. 4. Weekly reports on the ~'itatus and condition of the erosion control plan with any recommendations of change or revision to maintenance schedu7es or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior,to recording of the plat. This measnre has been satisfied by the developer. 5. The applicant shallfill all sinkholes located on the site with compacted soils. All sinkholes have been filled and compacted. 6. 11,e development shall not place any building structures, storm water detention facilities, roads or utilities within the designated high hazard areas, and shall be restrictedfrom the use of mine rockfill containing more than 20% coal by weight as structural fill. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division throughout the duration of site preparation and building construction activities This measure has been satisfied by the completion of construction of the approved engineering plans and action taken by the Development Services Division. 7. The development shall p/acea/l structures a minimum of 15 feetfrom the High Coal Mine Hazard area boundary as depicted on the plat. A note shall be placed on the face of the plat stating this requirement. 11,e satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording ofthefinal plat. This measure has been satisfied by the completion of construction of the approved engineering plans and action taken by the Development Services Division. The required note has been added to the Final ,Plat. 2 CHERIELANEFP,DOCI 8. The applicant shall install permanent fencing (i.e. split rail or other approved barrier) with signage at visible locations around the perimeter of the high coal mine hazard area and as it extends into Lots 14. 15 and 16 in order to provide adequate notice to residents or visitors that there are known coal mine hazards in this area. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. The required fencing and slgnage has been installed. 9. The applicant shall place a note on the face of the plat. as well as record a restrictive covenant. subject to the review and approval of the City Attorney and the Property Services Section. prior to the recording of the final plat which states the following: COAL MINE HAZARD NOTICE The lots created herein fall within a coal mine hazard area as identified by a Geotechnical Engineer at the time of this subdivision. Presence of such a hazard may trigger mitigation measures at the time of construction. No structures or improvements shall occur within high hazard areas. The required note has been added to the Final Plat. The separate covenant shall be provided by the developer. 10. The applicant shall record a restrictive covenant to run with the land that states the developer and all future home owners will hold the City harmless from any damages occurringfrom land movement. slide. collapse or other similar event caused by the coal mines known to exist beneath the site. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and the City Attorney prior to the recording of the final plat. This has been noted o~ the Final Plat. The separate covenant shall be provided by the developer. " 11. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report. dated November 13. 2003. as prepared by AlderNW in regards to wetland maintenance. monitoring and construction of the project. All required recommendations have been complied with. 12. During site preparation and construction of improvements and residences. the applicant shall illstall silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. The required fencing has been installed~ 13. After the development of roadway and utility improvements. the applicant shall install permanent fencing (i.e. split-rail fence or other approved barrier) and signage along the entire edge of the wetland buffer to denote the critical area. I1le satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat, The required fencing and sign age have been installed. 14. I1le applicant shall comply with the 1998 King County Surface Water Drainage Manual Level 2 Flow Control for the project. The approved engineering plans have been prepared to comply with these requirements. 3 CHERIELANEFP.J)OCI -( J 5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Thefee shall be paid prior to the recording of the final plat. The required fee will be paid by the developer prior to the recording of the final plat. J 6. The applicant shall provide the necessary means of access to serve the development. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. Access has been provided. 17. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the recording of the final plat. The required fee will be paid by the developer prior to the recording of the final plat. J 8. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot. The fee shall be paid prior to the recording of the final plat. The required fee will be paid by the developer prior to the recording of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall submit a revised PMT (8-112 x J 1 reduction of the plat that complies with the development standards. The revised PMTshall be submitted prior to the recording of the final plat to the development Service Division. The required revised PMT reductions of the plat have been included with this first submittal.' - 2. The applicant shall indicate on the face of the final plat the orientation of the front yard and side yards along a street for. Lot 1 with the front yard facing the north property line (having the attached garage accessed from the north) and the west property line be the side yard along a street. The satisfaction of this requirement is subject to the review and approval of Development Servicers Division prior to the recording of the final plat. Restriction No.1 on Sheet 2 of the final plat addresses this condition. . 3. The following lots are required to utilize their respective access easement: a) Lots 5 and 6; and b) Lots J 3 and 14. The condition shall be placed on the face of the final plat. Restriction No.2 on Sheet 2 of the final plat addresses this condition. 4. The portion of the plat property, lying northwesterly of the street right-ofway for South 35th Street abutting the cul-de-sac, shall become part of the street right-ofway dedication. The satisfaction of this requirements is subject to the review and approval of Development Services Division. The area in question has been Included in the area to be dedicated as public right-of-way, as shown on the final plat. 4 CHERlELANEFP.DOCI 5. A homeowner '.'I association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for all shared improvements within this development. A draft of the document(.'1), ifnecessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the short plat. This condition shall be met by action taken by the developer. Copies of the Covenants, Conditions and Restrictions have been submitted to the City along with this first submittal of the final plat. 6. Sanitary sewer service will befrom the Soos Creek Water and sewer District. The applicant will need a written confirmation that sewer service will be available as soon as possible. Sanitary sewer service will be taken from the Soos Creek Water and Sewer District's sanitary sewer facilities currently being constructed, according to the approved construction plans following the completion of construction and approval from Soos Creek. The developer shall provide a letter of availability. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constmcted of deferred to the satisfaction of City staff prior to the recording ,of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITIED TillS 30TH DAy'OF SEPTEMBE~ DE~\frCSDIVlSIO 5 CHERJELANEFP.DOCI LUA 03-110 -Cherie Lane Plat Conditions of Development (Summary) Mitigation Measure or Source When Compliance Party Notes Condition Is Required Responsible PMT .(8 ~ x 11 reduction) of HEX Prior to the recording Applicant Submit to the plat that complies with the Condition of the final plat Development development standards. Service Division. Yards. Orientation of the front HEX Place on the face of Applicant subject to the yard and side yard along a Condition the final plat review and street for Lot 1 with the front approval of yard facing the north property Development line (having the attached Services Division garage accessed from the north) and the west property line be the side yard along a street. Homeowner's association or HEX Prior to recording of Applicant Subject to the Agreements. create In order to Condition final plat. approval of the establish maintenance Development responsibilities for shared Services Project driveway Improvements. Manager. Access Easements. Lots HEX Place note on the Applicant required to utilize their Condition face of the final plat. respective access easement: a) Lots 5 and 6; and b} Lots 13 and 14. ROW. The portion of the HEX Applicant subject to the plat property, lying Condition review and northwesterly of the street approval of right-of-way for South 35th Development Street abutting the cul-de-Services Division. sac, shall become part of the street right-of-way dedication. Certificate of Availability. HEX As Soon as possible Applicant obtain a Certificate of Condition but prior to issuance Sewer Availability from of utility/construction Soos Creek Water and permit. Sewer District Hazardous & Toxlcs. The use HEX Place a note on final Applicant of hazardous or toxic Condition plat. substances & pesticides or fertilizers Is prohibited In any area within 15-ft. of wetland or sensitive are buffers or setbacks, with the exception that slow release fertilizers may be permitted. Parks Mitigation Fee. $530.76 ERC Prior to recording of Applicant per new SF lot. final plat. H :\Di vision.s\Develop.ser\Dev&plan. ing\sAF\ConditionMatrix\03-11 0_ CherieLN_plat.doe Page I of 4 Mitigation Measure or Condition Transporlation Mitigation Fee. $75 per new ADT Fire Mitigation Fee. $488.00 per new SF lot. Sinkholes. Fill all sinkholes located on the site with compacted soils. Hazard Areas. The development shall not place any building structures, storm water detention facilities, roads or utilities within the designated high hazard areas, and shall be restricted from the use of mine rock fill containing more than 20% coal by weight as structural fill. Hazard Setback. The development shall place all structures a minimum of 15 feet from the High Coal Mine Hazard area boundary as depicted on the plat. Silt fence: Place along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the KCSWDM. Shallow drainage swales: constructed to intercept surface water flow & route flow away from construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on grades, it may be necessary to line ditch with rock to protect ditch from erosion and to reduce flow rates. Temporary pipe systems can also be used to convey stormwater across the site. Daily Review: Daily review and maintenance of all erosion and sedimentation control LUA 03·110 -Cherie L,-. Plat Conditions of Development (Summary) Source When Compliance Party is Required Responsible ERC Prior to recording of Applicant final plat. ERC Prior to recording of Applicant final plat. ERC During building Contractors, construction. sub-contractors ERC Duration of site Contractors, preparation and sub- building construction contractors. activities. ERC A note shall be Contractors, placed on the face of sub-contractors the plat stating this requirement. Prior to the recording of the final plat. ERC During construction Contractors, of off-site & on-site sub-contractors improvements and , building construction. ERC " During construction Contractors, of off-site & on-site sub-contractors improvements and building construction. ERC During construction Contractors, of off-site & on-site sub-contractors improvements and H :\Division.s\Develop.ser\Dev&plan .ing\sAF\ConditionMatrix\03-11 0_ CherieLN _plat.doc '-. Notes . Subject to the review and approval of the Development Services Division subject to the review and approval of the Development Services Division Page 2 of 4 Mitigation Measure or Condition measures at the site Weekly reports: Status and condition of the erosion control plan with recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works Inspector for the construction of the civil Improvements of the plat. Silt fencing: With brightly colored construction flags to Indicate the boundaries of the wetland area & buffer Permanent Fencing: After the development of roadway and utility Improvements, the applicant shall install permanent fencing (I.e. spllt- rail fence or other approved barrier) and signage along the entire edge of the wetland buffer to denote the critical area. Fence: Install permanent fencing (i.e. split rail or other approved barrier) with slgnage at visible locations around perimeter of high coal mine hazard area and as it extends into Lots 14, 15 and 161n order to provide adequate notice to residents or visitors that there are known coal mine hazards in this area. Hazard Note: Place note on face of plat and record a restrictive covenant. states the following: COAL MI~E HAZA8Q NOTICE The lots created herein fall within a coal mine hazard area as identified by a Geotechnical Engineer at the time of this subdivision. Presence of such a hazard may trigger mitigation measures at the time of construction. No structures or LUA 03·110 -Cherie Lane Plat Conditions of Development (Summary) Source When Compliance Party Is Required Responsible building construction. ERC During construction Contractors, of off-site & on-site sub-contractors improvements and building construction. ERC Prior to the issuance Contractors, of construction sub-contractors permits. ERC prior to the recording Contractors, of the final plat. sub-contractors ERC Prior to recording of Applicant the final plat. ERC prior to the recording Applicant of the final plat H:\Division.s\Dcvelop.ser\Dcv&plnn,ing\SAFiConditionMntrix\03-IIO_CherieLN_plnt,doc Notes, subject to the review and approval of the Development Services Division subject to the review and approval of the Development Services Division subject to the review and approval of the City Attorney and the Property Services Section Page 3 of 4 Mitigation Measure or Condition improvements shall occur within high hazard areas. Wetland Report. Comply with the recommendations contained within the Wetland Evaluation Report, dated November 13, 2003, as prepared by AlderNW in regards to wetland maintenance, monitoring and construction of the project. Hold Harmless. record a restrictive covenant to run with the land that states the developer and all future home owners will hold the City harmless from any damages occurring from land movement, slide, collapse or other similar event caused by the coal mines known to exist beneath the site. Access. Provide the necessary means of access to serve the development. Project Design: According to the 1998 King County Surface Water Manual Level 2 Flow Control. Construction Plan. Plan submittal to indicate haul route and hours, construction hours and a traffic control plan. Haul Hours. Restricted to 8:30 a.m. to 3:30 p.m. Monday through Friday. Hours for Construction Activities. 7:00 am to 8:00 pm Monday through Friday; 9:00 am to 8:00 pm on Saturday LUA 03·110 -Cherie L. ) Plat Conditions of Development (Summary) Source When Compliance Party is Required Responsible ERC Prior to Recording Applicant and during development. ERC prior to the recording Applicant of the final plat. ERC prior to the recording Applicant of the final plat. ERC Applicant City Code Prior to approval of Applicant Construction Permit submits, Dev. Services Reviews City Code Duration of project Contractors, construction sub-contractors City Code Duration of project Contractors, construction sub-contractors H :\Oivision .s\Develop.ser\Ocv&plan. ing\SA F\ConditionMatrix\03-11 0_ CherieLN _plat.doc ." Notes subject to the review and approval of the Development Services Division . subject to the review and ,approval of the Development Services Division and the City Attorney subject to the review and approval of the Development Services Division No work permitted qn Sunday. Page 4 of4 CITY F RENTON Wheeler. Mayor PlanningIBuildinglPublicWorks Department Gregg Zimmerman P.E.,Admlnlstrator September 1. 2005 Brant A. Schweilel. P.E: Schweikl & Associates. pllc 1945 S. 3751h Street Federal Way. WA98003 SUBJECT: Cherie Lane If. , Request for Modification of South, 34th Street ROW Improvement Dear Mr. Schweikl: We have reviewed'the prop'osed str~et modification request associa~ed with the proposed sin'gle-famHY residential short plat located gen~rally at the intersection, of Wells Avenue South an9 Sout1134th Street. This is an infill development in an existing neighborhood, with a proposed access 'point off of South 34th Place. The existing streets are under construction and will be pavement,with all pedestrian improvements. The proposed modification requests to waive t,he requirement to develop South 34th Street. due to wetland impacts and the, existing Cherie Lane development of South 34th Place. making: the improvements redundant.' '.' .' The Street Modifi~atiOil req~estis hereby llpproved with; two ~2) c~riditions'as describ~d below.' City Code 4-6~050 (Street StandardS) requires ftiJl stre6rfmprovements for.ail ildjac'ent rjghts'~of-way for. within. and dedicated by a plat~ The Gity, c.anmodify ~treedmprovemei1ts fOr new plats if there are practiCal 'difficulties in carrying out;the prov.isic)fls'·ofthe,Street Jmprqveine~t Ordinance. The ' Modification Procedures as definedin:,Section 4'::9~250:O clearly states the crite'ria for.approval by the' department Administrator. In order fora modificalionto"'be ilpproVed., the department Admi n'istratOJ" must. " ... find that a special' indlyiqllal,reason ,makes the strict letter o(thi~ 'Ordinaliceimpractical, that the modification is in conformity -with the intent and purpose oftl?is 9r~inance, and that such: modification: ' ,.. ' ' ,:,,', . \ . , (a) Will meet the objectives and safety, 'function. appearance,' environmental protection" and maintainability intended ,by' this Ordinance.. based upoTl'sound engineering judgment; and (b) Will not be injurious to other property(ies) in the vicinity; and (c) Conform to the, intent and purPose of the Code; and (d) Can be shown t~ be'justified and required f6r th~ use and'situationin~erided; imd (e) Will not create adverse impacts to other properti~s in the'vicinity." , Meets objectives and safety, function: Due 'to the physiculrconflguraticin'of the p~rcel at this location. , and the constraints of existing, street locations and wetlands, staff,supports the modification request. The intent of public, and emergency access'aild,pedesti"ian a'menities'is met with the proposal. as ,there is full access via right-of-way fully im'proved per City of Renton standards providing two lanes 'of traffic. fire ' access. a,nd additional pavement andsid~walk will be installed on the dev~lopment side. Not injurious or adversely impact adjacent properties: Adjacent properties are not injured' nor adversely impacted as all dedications are from the proposed plat and allow future extensions and circulation as' development occurs. . , ~ ------) O-S-S-S-ou-t-h -O-ra-dy-W-ay---R-e-nt-on-.-W"""'a-sh-in-g-to-n-9-g-0S-S------R E N'T 0 N' ® This paper conlnins 50% recycled material, 30% post consumer AHJlA!) OF THE CURVE " ,., . .•.. ...... Brant A,. Schweikl, P£ September 1, 2005 , Page 2 of2 ConformS'to the intent of the code: The intent of providing for the City s~eet network,is met with the existing road. Justified and required for'use artdsituatlon intended: The'zoning of this pafcelis"R~8; Si~gle Family. T~e, modifications as f(!quested allow the maximi.lln:de~sity ,and numbef'()f lots that stilI, meet the'variolls '~e~backs and at,cess criteria. The,plat pr~v.id~s,the 'minimum n~cessary foffull use, fot aCCess, emergency and~omestic, as well as parking and ped,estrian amenities. ",' Th~'StreetMo~ification is: ap~~ovid Wi~hi~o'(2)~ondition~: 1'. AnyptoPbs'ed~lots noi fro'nt'in~Sou'th '34th Pia~~ sh'all'be, provid~d access' via j6'~t :use' dri vew~y' ,or 6thermeansas meets eity' of Renton standards. No drlyeway or a'ccess shall ,be allowed from Wells Avenue Sou~h. ',' ' ' 2. ' The bwne/shall yac~te'~ny exis~i~i~riffup;q~:ld~SOilth.~~4th' Stree't righ~~C;f~way per'dty of , R" . , :~<ii,"1-f .'t/ ." ..... \ ~11Il:1/' . ~~"~:".". ': ,.' _ t " , ,en ton proce~s. ,.. ,r.. --~.~, 'r' ''!o?,.',' , '. • I ~.r}: " 1, '"r;\, ""~:. " jff"'~' .{t('t.' ,'., I •• , This decision to approve the pr~liosed';~tree~JY1odifiC'ati0n"is 's,ubjeh tb~~ fO\lrteen-(14) day, appeaL period .. , ITom the date of this letter: Anyl appeals\1:of"the administrati~e\de6~ioh Ifiust be fildl with the :City of, " 'Renton Hearing Examiner by(5:dop.rri./'Septeinber 16,2005., "\~"'~'~~~~'\\ \;1,' , " ' ' , ' • ..' . , . ~/ ~~;. ~~ ... If '," .I~~r.i 'J;I~~\ .h«f":"" ,I, .J ,! . , . . . j:~ . .,' ;i l'i 1"1~·~i~~· ;);;~ 'tt; JGi~ ': . l, . ~ . . : 'A~p~als must be flIed in w~~ingJi.og~fhe[7~!t~«.~~~iiq~fre~}¥W5.00\pPI~~atf~1) fee ~ith: lIearing , , "Exa~ner" City of Renton, Ip551~:ou~h o:rad~~~"[:~t~~~t?flPW.A 98p5~~'v.CiW.~f ~~,nton Mu~itip'aI,~o~e :: SectIo.n 4-~L.IlO;~ovems:apPtals to·~tlf E*,~I,p.J!l~r;~,Ad~HM:mal mfO~m<ltlOn r7gar~mg tile appeal ,process , :m~ybe obtalO~d'frorrithe Rewon Cl5J~f1~rls:f,QIM~e" (4%~Pi~3~~~,5,L~·:. '$, ' '~". -1, '( "1 ' " . .... , " 'Developmer'lt Engin¢ering Sup'ervisbr',' ' '" ," Public Works Inspectioris& Permit~ ,- cc: " .. " ' " . ., " .. .,' N~itWatt~; Development S,ervicesDirector, Stan Engler, Fire Marshal )ennifer ~erining, :Pri~cipaLPfapn~r:., , ' - , 'Arneta Henninger,Engineering,specialist' , Land Use File ;: " , , " , ' .. ,. From: To: Date: Subject: Susan Fiala Wyman, Kevin M 07/07/20058:05:29 AM Re: Cherie Lane Final Plat LUA 05-073, FP Item 1: The wetland plan was not approved. The plans should have come to me, instead they went to Jennifer who gave them to me not long ago. She does not approve the plan. Staff would send out a letter outlining changes and/or approval. A wetland report was not submitted with the plan. this is still needed. Item 2: Five years is required for monitoring. Item 3: Fencing goes around the entire edge of the wetland buffer, which is normally the tract boundaries. Please submit a Final Wetland Report, See Renton Municipal Code section 4-8-1200.23. Definitions for W. This outlines what is needed in the report. »> Kevin M Wyman <kevin@mackenzieriverhomes.com> 06/30/2005 9:03:46 AM »> Susan, I represent the property owner for the Cherie Lane Final Plat LUA 05-073, FP, and just received the Wetlands Requirements letter. Please keep in mind that we purchased this project just as the permits were being issued so I don't have the knowledge of everything that went on up to that point. In trying to make sure we hit all 4 items listed in the letter a few questions came up. Regarding item one, "Final Wetland Mitigation Report," according to my wetlands specialist, this information was turned in to Jennifer Henning, January of this year. We understood that this was already approved as a requirement of receiving the plat construction permit. Are we in error about this, or can we begin the mitigation installation now? Regarding item two, "Cost Estimate," it notes a five year monitoring program, however the plans that we thought were approved (see above) note a 3 year monitoring program. It would seem, if they were approved, then 3 years should suffice, however if we misunderstood about the approval then I assume that is a change that will need to be made. Regarding item three, "Final Compliance Letter," could you clarify about the fencing, does it need to go along the border of the entire "Tract A" or does it need to go along the actual wetland boundaries? Please call or email at your earliest convenience. Thank you, Kevin M Wyman Mackenzie River Homes Inc keyjn@mackenzjerjyerhomes.com <majlto:kevjn@mackenzjerjverhomes.com> (206) 419-0349 c From: To: Date: Subject: Kevin M Wyman <kevin@mackenzieriverhomes.com> <sfiala@ci.renton.wa.us> 06/30/2005 9:03:49 AM Cherie Lane Final Plat LUA 05-073, FP Susan, I represent the property owner for the Cherie Lane Final Plat LUA 05-073, FP, and just received the Wetlands Requirements letter. Please keep in mind that we purchased this project just as the permits were being issued so I don't have the knowledge of everything that went on up to that point. In trying to make sure we hit all 4 items listed in the letter a few questions came up. Regarding item one, "Final Wetland Mitigation Report," according to my wetlands specialist, this information was turned in to Jennifer Henning, January of this year. We understood that this was already approved as a requirement of receiving the plat construction permit. Are we in error about this, or can we begin the mitigation installation now? Regarding item two, "Cost Estimate," it notes a five year monitoring program, however the plans that we thought were approved (see above) note a 3 year monitoring program. It would seem, if they were approved, then 3 years should suffice, however if we misunderstood about the approval then I assume that is a change that will need to be made. Regarding item three, "Final Compliance Letter," could you clarify about the fencing, does it need to go along the border of the entire "Tract A" or does it need to go along the actual w~tland boundaries? Please call or email at your earliest convenience.· Thank you, Kevin M Wyman Mackenzie River Homes Inc kevin@mackenzieriverhomes.com <mallto:kevin@mackenzieriverhomes.com> (206) 419-0349 c (866) 817-3376 f 1/& J f • 1/. ! lJ (7 l, Kathy Keolker-Wheeler. Mayor June 21, 2005 Core Design, Inc. Attn: Steve Schrei 1"4711 29th PL., Suite 101 Bellevue, WA 98007 • Subject: Wetland Requirements CITY" RENTON PJanning!BuildinglPublicWorks Department Gregg Zimmerman P.E., Administrator Cherie Lane Final Plat, File No. LUA 05-073, FP Dear Steve: In August 2004, I provided a letter outlining the requirementsforwetland·mitigation. However, I am providing a new letter for your. use which re-iterates the same items. In order to record the final plat; all .of the following items must.. be complied wit~ prior. to recqrding. In addition, the .ERC mitigation measures relate~ to the Wetland (fencing, sign~ge muse also be' ins'talled prior to ' recording). " '. ", . 1 .. Flmll Wetland Mitigati'~n Report:' Acco'rdi~g, to Re,nton Municipal'Code:sectiQn ·4-3-050M.16.b., the proponent shall submit a' final wetland mitigation planprio( to the issuance of building or , ,coQstructibri permits for '~evelopment.· The':."propdfient shalf . receive'·, writt~ri' approval 'of, the, mitigation pla'n' ,prior to co'mms'ncemenf of. any wetland restoratiqn:' or creation activities. See . attached 'copy of the contenfrequirements fo~ the FinaI'Mitig<;ltion Plan. Please proVide (3Hhree' . copies of th:e re'port and plans to'.my·~ttentior.r;Onc,e 'the' final rep9rfcmd assoCiated planting plan is submitted 'and approved by'the City·,'.yo'u may begin installation oftheplantings. " . ' ~ '.',... ~ . . , 2. Costr;stlmate: A wetland'specialist's'proposal for 5-years of wetland. monitoring (qu~rterly . reports for the first year,' 'annually thereafter) and maintenance, costs consistent with .the requirements of RMC 4-8'-1 ~Ob23e and ?3f (s~e enclosed) must be submitted~ The contract for the' work must ens,ure that ~structures,' improvemen'ts, and· mitigation perform satisfactorily ,for a period of 5 years". ' ' ' 3. Fin~1 Compliance Letter: In ord~r to obtain final. approval of the wetland mitigation'installation . and begin' the mand~torY five-year monitoring prqgram, , the City will require a: A· written . letter/report from a wetlands. speGi~list attesting that all wetland mitigation and improvements,' including signs and fencing, are installed pursuant to and are· consistent with the final wetland mitigation plan approved by the City. . 4. Maintenance Surety Device: Once the City approves the installation, you, may bring in 'your . maintenance/monitoring surety device (letter-of credit or irrevocable set aside letter -see samples enclosed) totaling 125% of the cost of the monitoring and maintenance cost e~timate' is required to -----------)-OS-S-s-ou-th-O-r-ad-y-W-a-y--R-e-nt-on-,-W-as-h-jn-gt-on~'-98-0-SS------------~ ® This paper contains 50% rocyded matertal. 30% post consumer AHllAD OF THE CURVE Weiland Mitigation Requirements Page 2 of 2 guarantee satisfactory performance for five years. The attached Development Services Division Policy Decision details the City's position on maintenance and monitoring security requirements. Please send the requested reports a'nd subsequent information to my attention. If you hav!3 questions, please contact me at (425) 430-7382 or via email: sfiala@ci.renton.wa.us. Susan Fiala, AICP Senior Planner Enclosures cc: Jun 13 05 OS:2?a DU2,LLC I Wl::fman -8SS 81?-33?S 0& .... 35655 $195.00 Chtd 14538 T,ec:t Ing ID: '42285 1j~ll . STATE OF WASt'II~GTO": $ECRETARY OF STAT~ DDe No: 4!56.55..Q01 __ ...... IiI&I~CATION TO FORM A PRO IT CORPORATION FILED SECRETARY OF STATE SAM REED III'IIDITIID I • PIil858 PRINT 01 'TYPE In blac:A Ink . • Sign, dall Dod rotum origlnal AND ONE COpy 10: CORPORATIONS DIVISION JUNE 28, 20IS!LUDIl (Ptr CfIIp/W UB.~ /ICWJ FEE: $175 OUIIIIIl_CI AVAlLAaI.ll-~D P~II IJoj'rlYY o _TI ... .....,ITII" III 80LD UlTTUS ON ounlo. 0' INvaOPI 801 CAPITOL WAY SOUTH' PO BOX <40234 OLVMPIA, WA Qa5~23.4 UBI: 602 406 953 'BE SURE TO INCLUDE FILING FEE. Chucks 1lh0ll~--/;iimjftijBiiiiii~----I..-"";;'';;;'':::''-';'';:;'''::-'::'''::=--1 bo made paynbla to 'Secrelary of SIBlo' ARTICLES OF INCORPORATION »:. PLEASE ATTACH ANY OTHER PROIllSIOHS THE CORPORATION ELeCTS TO INCLUDe .:« 'NAMJ; AND ADDRESS OF WASHINGTON STATe REGISTERED AGEHT N$1IO l<ewo 111 '= to II tJy/!'4" 81"Adds8sa(Requ/te~ /Zqo ~Ave. Sf? 1M. City s-wl/k SlmJ:.lJ1:1JP9A/f// PO Dill! (OpIIl1II/II-AfIm Of III _ city A _, ~ ZIP (If rMmvnl/hOll 5IJIIoIt lJPJ ____ _ , CDIISIIfI, 10 $fItVt t. ROf1IS:femI Agmllll tIIlt hi,. fII WlshlllgtDn IrN 1111 .bov, tI""ed COlJlOl1l1/on. , UtlctenbJnd " will be my '"POW IIIIIty /0 "cept $""," of Proc ... on behatf 01 rhe corporal/DII,' ID forward mil/to lIN r;orpotiIrlon; end ro ImmoGlattly noltfy ftJe Oftfct 0' 1110 SIIC:/lltary of StaN HI n1$/1JII 01 chang. til, Rogl5teI~ed~:wL<IIIIIII~. NAMES AND AcDResses OJI eACH INCORPORATOR (II ~ a/llll:ll «Jd/JorlaJ namu .nd ~~ Nomo~ m«t,l1 h1ym41n Adell." {lilO s:tCmre Su;t~ Irtl Clt~ ~ SIIl1eG£lZJP @AU ~----------------------------------------------------------------------- A~~n ________________________________ C~ _______________ Slll1e ____ ~ ________ __ N~ ____________________________________________________________________ ___ MIITIIU _____________________ Qly _____________ SIl1D _l1P _______ _ SIGNATURe OF INCORPORATOR 'nil, doc"",enl II hOflby fl1(tc"twlllllder penelll., 01 plf}llI'/, .lId I •• ID tho best of my Imow/od(lG, flUG IIId corrvct. Till. CORPORATIONS INFORMATION ANC ASSISTANCE -360n63-7116 (TDD -360(763-1486) , o ~ Q ~ I C I u • I o ~ , o a o , , I • e u • I o N L 1 p.2 Jun 13 05 OS:2?a "'0 srrATES OF tliJlh JUN 1 32005 ~(~. ~'ltt. ~~ .1:< 0<1 RECEIVED ut{Je ~tate of " ,:~ Wa~bington . . 4i: • Secretary of Slale I, SAM REED, Secretary of State ofthe State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to MACKENZIE RIVER HOMES, INC. alan WA Profit Corporation. Charter documents are effective on the date indicated below. Date: 6/28/2004 UBI Number: 602-406-953 APPID: 117510 Given under my hand and [he Seal of the Stale of Washington at Olympia, the State Capital Sam Reed, Secretary of State p.3 From: To: Date: Subject: Susan Fiala Henninger, Arneta 07/15/20052:27:52 PM Fwd: Re: Cherie Lane Final Plat LUA 05-073, FP I found the email I sent per the above final plat. »> Susan Fiala 07/07/2005 8:05:29 AM >>> Item 1: The wetland plan was not approved. The plans should have come to me, instead they went to Jennifer who gave them to me not long ago. She does not approve the plan. Staff would send out a letter outlining changes and/or approval. A wetland report was not submitted with the plan. this is still needed. Item 2: Five years is required for monitoring. Item 3: Fencing goes around the entire edge of the wetland buffer, which is normally the tract boundaries. Please submit a Final Wetland Report, See Renton Municipal Code section 4-8-1200.23. Definitions for W. This outlines what is needed in the report. »> Kevin M Wyman <kevin@mackenzieriverhomes.com> 06/30/2005 9:03:46 AM >>> Susan, I represent the property owner for the Cherie Lane Final Plat LUA 05-073, FP, and just received the Wetlands Requirements leUer. Please keep in mind that we purchased this project just as the permits were being issued so I don't have the knowledge of everything that went on up to that point. In trying to make sure we hit all 4 items listed in the letter a few questions came up. Regarding item one, "Final Wetland Mitigation Report," according to my wetlands specialist, this information was turned in to Jennifer Henning, January of this year. We understood that this was already approved as a requirement of receiving the plat construction permit. Are we in error about this, or can we begin the mitigation installation now? Regarding item two, "Cost Estimate," it notes a five year monitoring program, however the plans that we thought were approved (see above) note a 3 year monitoring program. It would seem, if they were approved, then 3 years should suffice, however if we misunderstood about the approval then I assume that is a change that will need to be made. Regarding item three, "Final Compliance Letter," could you clarify about the fencing, does it need to go along the border of the entire "Tract A" or does it need to go along the actual wetland boundaries? Please call or email at your earliest convenience. Thank you, Kevin M Wyman Rentonnet City Clerk Card File Page I or 1 Title: Effective Date: Date Entered: Narrative: Keywords: Location: Record 1 of 1 PRELIMINARY PLAT, CHERIE LANEIWELLS AV S & S 34TH ST 2003 Nov 13, 2003 Apr 7, 2004 by User: Siombard • 11/13/2003 -Application for Preliminary Plat approval and Environmental (SEPA) revIew flied by Steve Beck on behalf of Peter Gannon and Sandy Vath, owners (Contact: Lafe B. Hermansen of Core DesIgn, Inc.) for a 16-lot subdivisIon of a 4.98 acre sIte located at Wells Avenue S. and S. 34th Street known as CherIe Lane. PID #: 2923059123 • 1/7/2004 -ERC revIew -Determination of Non-SIgnIfIcance, Mitigated • 2/3/2004 -Public hearing • 3/8/2004 -Hearing Examiner recommendation: Council should approve a 15-lot prelimInary plat • 3/19/2004 -Request for Reconsideration filed by Lafe Hermansen of Core Design, Inc. on behalf of Steve Beck • 3/22/2004 -Appeal to Council flied by by Lafe Hermansen of Core DesIgn, Inc. on behalf of Steve Beck • 3/30/2004 -HearIng Examiner -Revised recommendation to Council to approve 16-lot prelimInary plat • 4/5/2004 -Appeal withdrawn • LUA-03-110 (SEE PP) • PP-03-110 • ECF-03-110 (SEE PP) • WELLS AV S 2003 • S 34TH ST 2004 • CHERIE LANE PRELIMINARY PLAT 2004 • GANNON PETER 2004 • VATH SANDY 2004 • BECK STEVE 2004 • HERMANSEN LAFE B 2004 • CORE DESIGN INC 2004 BANK4 A.fid/(,1 tOO + http://rentonnet.org/i ntranetiCi tyC lerklindex.cfm ?fuseaction=showdetai I&REC= 1 &ID=5... 08/11/2005 K'atliy Keolke~-Wheeler. Mayor June 21, 2005 Core Design, Inc. Attn: Steve Schrei 14711 29th PL , Suite 101 Bellevue, WA 98007 Subject: Wetland Requirements CITY. RENTON PlanningIBuildinwPublicWorks Department Gregg Zimmerman P.E.,Admlnlstrator Cherie Lane Final Plat, File No. LUA 05-073, FP Dear Steve: In August 2004, I provided a letter outlining the' requirements for wetland mitigation. However, I am providing a new letter for your Lise which re-iterates the same items. In order to record the final plat, all.of the following items must. be complied with prior, to recqrding. In addition, the ,ERC mitigation measures relate,d to the WeUand (fencing, signage' must, also .be installed prior to recording). " , .. 1. Final Wetland Mitigation Report: According to Renta'n Municipal Code section '4-3-050M.16.b., the proponent shall submit a final wetland, m.itigation plan prior to the issuance of building or construction permits for development. The, proporl'ent shall ,receive' written' approval of, the. mitigation plan' ,prior to comme'ncement of any wetland restoration. 'or creation activities. See attached 'copy of the content 'requirements for the Final Mitigation Plan. Please provide (3) three' copies of th'e, report and plans tomy,attention; Once the' final report' and assoCiated planting plan is submitted 'and approved by the City',' yOu may begin installation cif the plantings. .' .' . " . . , . , 2. Cost Estimate: A wetland specialist's . proposal for 5-years of wetland, monitoring (qu~rterly reports for the first year,'annually thereafter) and maintenance, costs consistent with the requirements of' RMC 4-8~ 120D23e and 23f (s~e enclosed) must be submitted. The contract for the work must ensure that !'structures, improvemen'ts, and mitigation perform satisfactorilY ·for a period of 5 years". ' 3. Final Compliance Letter: In order to obtain final approval of the wetland mitigation installation' and begin' the mandatory' five-year monitoring ,program" the City will require a: A' written ' letter/report from a wetlands spe¢ialist attesting that all wetland mitigation and improvements, including signs and fencing, are installed pursuant ,to and are' consistent with the final wetland mitigation plan approved by the City. ' . 4. Maintenance Surety p'evice:, Once the City approves the installation, you. may bring in your 'maintenance/monitoring surety device (letter of credit or irrevocable set aside letter -see samples enclosed) totaling 125% of the cost of the monito'ring and maintenance cost estimate is required to ------------1-0S-S-S-ou-th-a-r-ad-y-W-a-y--R-e-nt-on-,-W-as-h-in-gt-on-'~98-0-SS------------~ * this papar contains 50% recyclad malarial. 30% post consumer AHEAD OF THE CIJRVE Wetland Mitigation Requirements Page 2 of 2 guarantee satisfactory performance for five years. The attached Development Services Division Policy Decision details the City's position on maintenance and monitoring security requirements. Please send the requested reports a'nd subsequent information to my attention. If you have questions, please contact me at (425) 430-7382 or via email: sfiala@ci.renton.wa.us. Susan Fiala, AICP Senior Planner Enclosures cc: From: To: Kevin M Wyman <kevin@mackenzieriverhomes.com> <sfiala@ci.renton.wa.us> Date: 06/30/2005 9:03:49 AM Subject: Cherie Lane Final Plat LUA 05-073, FP Susan, I represent the property owner for the Cherie Lane Final Plat LUA 05-073, FP, and just received the Wetlands Requirements letter. Please keep in mind that we purchased this project just as the permits were being issued so I don't have the knowledge of everything that went on up to that point. In trying to make sure we hit all 4 items listed in the letter a few questions came up. Regarding item one, "Final Wetland Mitigation Report," according to my wetlands specialist, this information was turned in to Jennifer Henning, January of this year. We understood that this was already approved as a requirement of receiving the plat construction permit. Are we in error about this, or can we begin the mitigation installation now? Regarding item two, "Cost Estimate," it notes a five year monitoring program, however the plans that we thought were approved (see above) note a 3 year monitoring program. It would seem, if they were approved, then 3 years should suffice, however if we misunderstood about the approval then I assume that is a change that will need to be made. Regarding item three, "Final Compliance Letter," could you clarify about the fencing, does it need to go along the border of the entire "Tract A" or does it need to go along the actual wetland boundaries? Please call or email at your earliest convenience. Thank you, Kevin M Wyman Mackenzie River Homes Inc kevin@mackenzieriverhomes.com <mailto:kevin@mackenzieriverhomes.com> (206) 419-0349 c (866) 817-3376 f ItA. I-rCM{-U ffVL{ ff/IMAJ --- P36 ~ IVIM k-_e-" 1 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM August 11, 2005 Bob Mac Onie Sonja Fesser, Technical Services Arneta Henninger, X7298 (k CHERIE LANE FINAL PLAT LUA 05·073FP 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: ~~ sq.=6 Robert T. Mac Onie, Jr. PLS Name Title Date Mapping Coordinator Approval: Name . e Date cc: Yellow File " " ' , ',. : ~ ", I . ' " .4~Je,·~ , ..... r .. ", ," ....n-,:' , . '_. ,'j .,. " .. ! . Kathy K~olker.Wheeler,.MaYcir: .. " " .. ' ., " " .. . ·:-.C1T·Y· ( J. RENTON' .. " '.' ..', .~ . Otftce'ofthe CitYA~t~~ey .... . .' ,.' .. :.:. . 'Lawrence J. Warren '.', .' ,', ',' .. , " ,"'":,,".. . ," . Senior Assistant City Mtorn~ys . . . .. . Mnrk Bnr:hcr .... ,,;, ,t:, , ' . . " , I'. .: • ZnncttnL. Fontes ; . , .. ' Assist!,nt City·Attorney'~ ........ ,J .: •• "I ' .. ,' ... ,', " r ' .. '., Arin S; ,Nlclsen . ;. :.-. " .' ..., . Garmon Newsom II .., ' '. . Snsha P; .'Aies~i ':, ,,' .' " .. '. MEMORANUUM ,':. ',. . " .. ' .. . . i 1 • .,t' 1 . " : ... . ' •. I . . To:." , Ar~e~alrenni~ge~~ P~PW ... ··' ", ,.' ':',. ..,., ... ,'~r:o.m:.:.! ". •. r~~~ehc~/'Warr<;·n;·.Cit~).ttomey: . ' .. : . '. "r .' ,,', ~ -: ...... ·n"tcf ..... · . J'uly:19',200S . '.. . '. , ""' :. ," .. ":, :':Subjc~ti ;', ~"Decl~~ati~n oiCo'yen~nts, Conditions, Ea~~~enis and'Restrictions'" ,' .. '. . Cherie Lane Final Plat'. '. . . ;". t. t 't', .'. . I ", .'. • ,:' , ' ~ r, ,." l .'. ~ . " . ..LUAOS,.073EP,· ',' , .. I: ' ~' ! '. '.' ,'" .' '. '. ~ I . ':;. ,.'. ,; . 1\ .'Al'ticil~ ~ight~e~ S~~ti~~ 3. sho~ld be am~lldeq by a~ding ~. se~tellce th~t' reads;:.' . ". • , , •• _. t ~ • • . •• , ~ . ' .,1." " .,' '. " I • I '," ,\ " .' "However,,·.the.re ·s.hall . be'.amen.~ineni .tQ Article 2' Section, T~o' regarding . . " mainienanc~ of the drainage f~cilities' 'anq emergency a·ccess. road, wit~out the . .. ' pri.or written permission of the City.'" ' '. ',.. .', .' .' . . , .... , • ~. I • :' • • .. , ' ~ • • I • , , • '. ' .. Other~i~e, th~ GC&R~~'~re appro~'ed as:to legal :form. • " .... " , ". .:'.,," """ ', .. f',.: '", , . . ',', ',,' . ' .. .. , .' ,,' . . . . " , .... , ",' ~"~./J ." '~C-I Lawrence .1, Wa.rr~n.· •• 'r :" , . , ; " , :.' to ~ '. , . '.' ..... '~.' .' . " I ,. '. , '.. . , . ~':. ',.: ,', -". . " , '. 'f , ~ . " ~' , .,', ~ .' . ',. ~ .:1 , .. .;' , , ~. ~ '\ .'~ ': .', ~,' , .. T~JW:tmj. '. . .' :". .', . cc: Jay Covington.i , .• ' "::. . .... :'.: Gregg:A. Z;imm~nTIan.~ 'PE ,: '+ • I'" f :'; t, ,I', . , . . ":" Ka~!~n Kittrick;' , . . ,," . . . ' . .',' t'. ' " • ".' . ~#. '. " ',": , '. I . "I ... , '.~" ' ,,' ',' ... .. ~ ," ... ·1 "1 . .' < .' .J I • " .. \. , ' <', .' . ; ..... ... , I" .. '. :, " ) " ',! . . . , ,~ " " • j , • ~ ,. : I . , '~po~t OftiC:'B~X 62~' Renton, W"h;n8to~ '9805:. (425) 25;:86781 FAX (~25)m·5474 .• ~. ',' :', '; . • ,-' ,'" ~. .' . . ,'. ". AI'IIl.AIl 0,. !'THllel!, IlYE .. ·· '. ':." _. . '., ' ..•• _ \%I'ThIBPap~iai~lain8.5001>re<;y~edmalerfal,30%p\,slj:On8umer :. , .. 1.' .' •• ~, .' ,~, I : ,. ~ 7', ,: , ' ' J " • , J • I . , " (,. , , ~. ';.' . t :, ':',:'- , , ~ . , " ',. , I' . I '.' ~, '. ,-..... " . \ , , , , I. " , .. CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description EXHIBIT A Core Project No: 03090A 04/13/05 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KlNG COUNTY, WASHlNGTON; EXCEPT THE NORTH 330 FEET; ALSO EXCEPT THE EAST 660 FEET. :CHERIE,LANE ,FlNAL:PLA11 , :V1CINI1Y'MAP PA~E' i,OFf I , . :, ,.' 8 FOUND 4" CONCR TRACT A WiTH PUNCHED 1 3/;':E MONUMENT SHORT PLAC1TY OF RENTON DWN. O.3'·IN MON~:ASS 0101<, RE/ NNOO. LUA-98-026-SHPL O.,'E.XO:3'N. OF INTEERNST CASE . . 9812289012 -ECTION N88'39' 49"E S. 34TH PL 656.37 '. 11 13 TRACT A cW to ~ --~--~L-__ ~ __ S, 35TH ST, o z ...... .... ''' .. :'', ' .. CITY OF F TRACT "A" (I) 10 ~ 32 ,I( 0 co-- ~ 9 " C\I 33 I") a 7 W • 6 4 ___ Jl ____________ 1flili'~Tr~::~~j-~1-----JL-r~--~~7?.l-----5~--~----~3:7~--:3B~~~39 N88'0311 E / I O en 657.23 I . 28 29 ~.I CEDAR AVENUE 1 _ I-----RE~OL.22B, PG'S 29-34 ~ 2 3 27 j 30 "-.' NO. 20050506000267 CHc!\l£ L ~/:r?_I-.-~TRACT8 ' TRACT A l City of Rer~·'" Dopartment of Planning I Building I Public Wr·I'q ENVIRONMENTAL & Dt... ELOPMENT APPLICAT/l " REVIEW SHEET ;0-J "Fi re., ~I L::J0l::::> LJ 'J L.::. REVIEWING DEPARTMENT: COMMENTS DUE: JULY 1, P APPLICATION NO: LUA05·073 FP DATE CIRCULATED: JUNE 2( !C .lIIal .. A __ --.... v UNiI APPLICANT: Mackenzie River Homes -Kevin Wyman PROJECT MANAGER: Arnela Henn Ihger PROJECT TITLE: Cherie Lane Final Plat PLAN REVIEW: Susan Fiala CITY OF RFNTrH.1 SITE AREA: BUILDING AREA (aross): t-IHt OEPAflTi\iENT LOCATION: S 35th Streel & Wells Avenue S I WORK ORDER NO: 77440 SUMMARY OF PROPOSAL: Subdivision of 4.98·acres for 16 single-family lots including water, storm, road and street lights. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Elomont of tho Probablo Probable More Etemont of the Probab/o Probable More Envlronmonl MInor Ma/or Informstlon Impacts Impscts Nooesssry Envlronmont MInor Major Information Impacts Impscta Necessory Earlh HouslnQ Air Aestlle/ics Waler Light/Glare Plants Recreation Land/Shorsline Use Utilities Animals rransJ)Orlarion Envlronmenlal Hesltll Public Services Energyl HlsloricICultural Natural Resourr:es Preservation Airporl Environment 10,000 Foet 14 0DDFsst " 8. POLICY-RELATED COMMENTS C. CODE-RELA TED COMMENTS I ; { 1 / ~ ttl! itt bf~/YLlt ,(u.<-" .. i ':::J We have revie ed this application with particular attention /0 those araas In which we have expertise and have Iden7'lfied areas of probable Impact or 8r08S where a dillonallnlormatio neDdod /0 properly assess thIs proposal. b It i 6 5i,"i" • "'10"" COl, r7 j Wheeler, Mayor June 21, 2005 Core Design, Inc. Attn: Steve Schrei 14711 29th PL, Suite 101 Bellevue, WA 98007 CITY jF RENTON PlanningIBuildingIPublic Works Department Gregg Zimmermnn P.E., Admlnlstrntor Subject: Wetland Requirements Cherie Lane Final Plat, File No. LUA 05-073, FP Dear Steve:, In August 2004, I provided a letter outlining the:'requirements for wetland mitigation. However, I am providing a hew letter for your use which re-iterates the ,same items. In order to record the final plat, all ,of the following item's must. be complied with prior to recQrding. In addition, the ,ERC mitigation measures relate,d to the wetland (fencing, signage myst., also be installed prior to . recording).' '.' . 1 .. Final. Wetland Mitigation Rep~rt: Acco·rding·to R~nton Municipaf'Cooesection A-3-050M.16.b., the proponent shall submit a final wetlandrnitigation ·planprior to the issuance 6f building or • construction permits for development:· The 'prop6n'ent shallreceiv~·. writte,ri' approval Qf the. mitigation plan ,prior to comme'ncemenr of any wetl~n'd restoration' or creation activities. See attached copy of the content'requirements for the Final Mitigation Plan. Please provide (3) three · copies of the report and plans tomyattentior:l; Once the final rep9rt'and assoCiated planting pl~n is submitted 'and approved by the City', yolLmay begin installation of the 'plantings., . . , . · 2. Cost Estimate: A wetlandspeciallsfs'proposal. for 5-years of wetland, monitoring (quarterly reports, for the first year,' ·annually thereafter). and, maintenance. costs .consistent with the requirements of RMC 4-8~120D23e and 23f (see enclosed) must be submitted; The contract for the work must ensure, that "structures,' improvements, and, mitigation perform satisfactorily· for a period of 5 years". . . ' 3. Fin~1 Compliance Letter: In order to obtain final. approval of the wetland mitigation' installation and begin the mandatory' five-year monitoring prQgram,' the City will require a: A. written,' letter/report from a wetlands spe¢ialist attesting' that all wetland mitigation and improvements,' including' signs' and fencing, are installed pursuant to and are consistent with the final wetland mitigation plan appro~ed by the City. . 4. Maintenance. Surety Device: Once the City approves the installation, you. may bring in your 'maintenance/monitoring surety device (letter of credit or· irrevocable set aside letter -see samples enclosed) totaling 125% of the cost of the monito'ring and maintenance cost e?timate is required to -----------1-05-5-S-ol-lth-G-r-ad-y-W-a-y--R-e-nt-on-,~W-as-h~in-gt-on~98-0-55------------· ~ ® This paperconlalns 60% recycled material, 30% post consumer AHEAD OF THE CURVE Wetland Mitigation Requirements Page 2 of 2 guarantee satisfactory performance for five years. The attached Development Services Division Policy Decision details the City's position on maintenance and monitoring security requirements. Please send the requested reports and subsequent information to my attention. If you have questions, please contact me at(425) 430-7382 or via email: sfiala@ci.renton.wa.us. Susan Fiala, AICP Senior Planner Enclosures cc: pability may undertake a compensation project under the following circum- stances: i. Restoration or creation on-site may not be feasible due to problems with hydrology, soils, or other factors; or II. Where the cooperative plan is shown to better meet established re- gional goals for flood storage, flood conveyance, habitat or other wetland functions. b. Process: Applicants proposing a co- operative compensation project shall: I. Submit a permit application; Ii. Demonstrate compliance with all standards; ill. Demonstrate that long-term management will be provided; and Iv. Demonstrate agreement for the project from all affected property owners of record. c. Mitigation Banks: Mitigation banks are defined as sites which may be used for restoration, creation and/or mitigation of wetland alternatives from a different piece of property than the property to be altered. within the same drainage basin. The City of Renton maintains a mitigation bank. A /1st of City mitigation bank sites Is maintained by the PlannlnglBulldlng/ Public Works Department. With the ap- proval of the PlannlnglBulldlnglPublic Works Department, non-Glty-controlled mitigation banks may be established and utilized. d. Special Area Management Pro- grams: Special area management pro- grams are those wetland programs agreed upon through an Interjurlsdlc- tional planning process Involving the U.S. Army Corps of Engineers, the Washing- ton State Department of Ecology, any af- fected counties and/or cities, private property owners and other parties of in- terest. The outcome of the process Is a regional wetlands permit representing a 3 -20.39 4-3-050M plan of action for all wetlands within the special area. e. Compensation Payments to Miti- gation Bank: Compensation payments, amount to be determined by the Review- ing Official. received as part of a mitiga- tion or creation bank must be received prior to the issuance of an occupancy permit. 16. Mitigation Plans: ./' a. Required for Restoration. Cre- ation and Enhancement Projects: All wetland restoration, creation. and en- hancement In conjunction with restora- tion and creation projects required pursuant to this section either as a permit condition or as the result of an enforce- ment action shall follow a mitigation plan prepared by qualified wetland specialists approved by the City. b. TIming for Mitigation Plan Submit- 181 and Commencement of any Work: The proponent shall submit a.final wet- land mitigation plan for the approval of the Development Services Division prior to the Issuance of building or construction permits for development. The proponent . shall receive written approval of the miti- gation plan prior to commencement of any wetland restoration or creation activ- Ity. c'. Content of Mitigation Plan: Unless the City. In consultation with qualified wetland speCialists, determines, based on the size and scope of the develop- ment proposal, the nature of the im- pacted wetland and the degree of cumulative Impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced, the miti- gation plan shall address all require- ments In RMC 4-8-120023, Wetland MI i ation Plan. a. e ormance Surety Device Re- quired: The City shall require the appli- cant of a wetlands permit proposal to post a performance surety device accept- (Revised 10,00) 4-3-050N \ i I I·· I I I able to the City such as a letter of credit, irrevocable set-aside letter or cash. I. Amount of Performance Surety Device: The device shall be in an amount equivalent to one and one- half (1-1/2) times the estimated cost of the performance and with surety and conditions sufficient to fulfill the requirements of subsection M9 of this Section, Compensating for Wet- lands Impacts, and, in addition, to se- cure compliance with other cor'lditions and l.imitations set forth in the permit. The. amount and the con- ditions of the surety device shall be consistent with the purposes of this section. The amount of the security can be modified to reflect more cur- rent data, particularly a signed con- tract. ii. Breach of Conditions: In the event of a breach of any condition of any permit protected by a surety de- vice, the City may Institute an action in a court of competent jurisdiction upon such surety device and prose- cute the same to judgment and exe- cution.' iii. Release of Performance Se- curity Device: Until such written re- lease of the surety device, the principal or surety cannot be re- leased. The City shall release the surety device upon determining that: (1) All activities, including any , required compensatory mitiga- tion, have been completed in compliance with the terms and conditions of the permit and the requirements ofthis section; and (2) Upon the posting by the ap- plicant of a maintenance surety device. b. Maintenance Surety Device Re- quired: The City shall require the holder of a development permit issued pursuant to this section to post cash or other secu- rity acceptable to the City such as letter of credit or Irrevocable set-aside letter in an amount and with surety and conditions (Revised lO/OO) 3 -20.40 _st,Jffic.i~nt to guarantee that structures, improvements, and mitigation required by the permit or by this section perform satisfactorily for a minimum of five (5) years after they have been completed. The City shall release the maintenance surety device upon determining that per- formance standards established for eval- uating the effectiveness and success of the structures, improvements, and/or compensatory mitigation have been sat- Isfactorily met for the required period. For mitigation projects, the performance standards shall be those contained in the mitigation plan developed pursuant to subsection M16 of this Section and ap- proved during the permit review process. The maintenance surety device applica- ble to a compensation project shall not be released until the Department Adminis- trator determines that performance stan- dards established for evaluating the effect and success of the project have been met. N. ALTERNATES, MODIFICATIONS AND VARIANCES: 1. Alternates: a. Applicability: See RMC 4-9-250E. 2. Modifications: a. Applicability: The Department Ad- ministrator may grant modifications, per RMC 4-9-25001, Application Time and Decision Authority, in the following cir- cumstances: i. Aquifer Protection -Modifica- tions: The Department will consider modification applications in the fol- lowing cases:' (1) The request Is to find that a standard is inapplicable to that activity, facility, or development permit due to the applicant's pro- posed methods or location; or (2) The request is to modify a specific standard or regulation due to practical difficulties; and " ':' .,~, i , 23. Definitions W: Wetland Mitigation Plan -Preliminary: A preliminary wetland mitigation plan shall in- clude the following: a. A conceptual site plan demonstr~tlng sufficient area for replacement ratios; b. Proposed planting scheme for cre- ated, restored, and enhanced wetlands; c. Written report consistent with final wetland mitigation plan requirements re- garding baseline information, environ- mental goals and objectives, and performance standards. (Ord. 4835, 3-27-2000) Wetland Mitigation Plan -Final: A final wet- land mitigation plan shall include: a. Baseline Information: A written as- sessment and accompanying maps of the Impacted wetland Including, at a min- imum, a wetland delineation by a quali- fied wetland specialist; existing wetland acreage; vegetative, faunal and hydro- logic characteristics; soil and substrata conditions; topographic elevations and compensation site. If the mitigation site Is different from the impacted wetland site, the assessment should include at a mini- mum: existing acreage; vegetative, fau- nal and hydrologic conditions; relation- ship within the watershed and to existing water bodies; soil and substrata condi- tions, topographic elevation's; existing and proposed adjacent site conditions; buffers; and ownerShip. . b. Environmental Goals and ObJec- tives: A written report by a qualified wet- land specialist shali be provided Identify- Ing goals and objectives of the mitigation plan and describing: i. The purposes of the compensa- tion measures Including a description of site selection criteria, identification of compensation goals; identification of target evaluation species and re- source functions, dates for beginning and completion, and a complete de- scription of the structure and func- tional relationships sought In the new 8 -61 4-8-1200 wetland. The goals and objectives shall be related to the functions and values of the original wetland or if out-of-kind, the type of wetland to be emulated; and ii. A review of the available litera- ture and/or experience to date in re- storing or creating the type of wet- land proposed shall be provided. An analysis of the likelihood of success of the compensation project at dupli- cating the original wetland shall be provided based on the experiences of comparable projects, preferably those in the same drainage basins, if any. An analysis of the likelihood of persistence of the created or re- stored wetland shall be provided based on such factors as surface and ground water supply and flow pat- terns, dynamics of the wetland eco- system; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc., presence of Invasive flora or fauna, potential human or an- imal disturbance, and previous com- parable projects, if any. c. Performance Standards: Specific criteria shali be provided for evaluating whether or not the goals and objectives of the project are achieved and for begin- ning remedial action or contingency mea- sures. Such criteria may Include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity in- dices, or other ecological, geological or hydrological criteria. These criteria will be evaluated and reported pursuant to sub- section e of this definition, Monitoring Program. An assessment of the project's success In achieving the goals and ob- jectives of the mitigation plan should be Included along with an evaluation of the need for remedial action or contingency measures. d. Detailed Techniques and Plans: Written specifications and descriptions of compensation techniques shall be pro- vided including the proposed construc- tion sequence, grading and excavation details, erosion and sediment control fea- tures needed for wetland construction (Revised 10/00) 4-b-120D· and long-term survival, a planting plan specifying plant species, quantities, loca- tions, size, spacing, and density; source of plant materials, propagates, or seeds; water and nutrient requirements for plant- ing; where appropriate, measures to pro- tect plants from predation; specification of substrata stockpiling techniques and planting instructions; descriptions of wa- ter control structures and water level maintenance practices needed to achieve the necessary hydroperiod char- acteristics; etc. These written specifica- tions shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade eleva- tions, and any other drawings appropri- ate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropri- ate for the desired habitat type(s) and which provide sufficient hydrologic data. The City may request such other informa- tion as needed to determine the ade- quacy of a mitigation plan. e. Monitoring Program: A program outlining the approach for monitoring construction and development of the compensation project and for assessing a completed project shall be provided in the mitigation plan. Monitoring may in- clude, but is not limited to: (Revised 10/00) i. Establishing vegetation plots to track changes in plant species com- position and density over time; ii. Using photo stations to evaluate vegetation community response; iii. Sampling surface and subsur- face waters to determine pollutant loading, and changes from the natu- ral variability of background condi- tions (pH, nutrients, heavy metals); iv. Measuring base flow rates and storm water runoff to model and eval- uate hydrologic and water quality predictions; v. Measuring sedimentation rates; 8 -62 vi. Sampling fish and wildlife popu- lations to determine habitat utiliza- tion, species abundance and diversity; and vii. A description shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compen- sation project. A monitoring report shall be submitted quarterly for the first year and annually thereafter, and at a minimum, should document milestones, successes, problems, and contingency actions of the com- pensation project. The compensation project shall be monitored for a pe- riod necessary to establish that per- formance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any cor- rective measures to be taken when mon- itoring or evaluation indicates project per- formance standards are not being met. g. Permit Conditions: Any compensa- tion project prepared for mitigation pursu- ant to RMC 4-3-050M, Wetlands, and approved by the City shall become part of the application for project approval. h. Demonstration of Competence: A demonstration of financial resources, ad- ministrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully exe- cute the compensation project shall be provided. A compensation project man- ager shall be named and the qualifica- tions of each team member involved in preparing the mitigation plan and imple- menting and supervising the project shall be provided, including educational back- ground and areas of expertise, training and experience with comparable projects. (Ord. 4835, 3-27-2000) Wetland Report/Delineation: A wetland re- port/delineation includes the following: a. A description of the project and maps at a scale no smaller than one inch equals two hundred feet (1" = 200') '" -~ f/:'\ IV showing the entire parcel of land owned by the applicant and the wetland bound- ary surveyed by a qualified wetlands ecologist, and pursuant to RMC 4-3-050M3; b. A description of the vegetative cover of the wetland and adjacent area includ- ing identification of the dominant plant and animal species; c. A site plan for the proposed activity at a scale no smaller than one inch equals two hundred feet (1" = 200') showing the location, width, depth and length of all ex- isting and proposed structures, roads, stormwater management facilities, sew- age treatment and installations within the wetland and Its buffer; d. The exact locations and specifica-. tions for all activities associated with site development including the type, extent and method of operations; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than five feet (5') or at a contour interval appropri- ate to the site topography and acceptable to the City; 1. Top view and typical cross-section views of the wetland and its buffer to scale; g. The purposes of the project and, if a variance is being requested, an explana- tion of why the proposed activity c~nnot be located at another site; h. If wetland mitigation Is proposed, a mitigation plan which includes baseline Information, environmental goals and ob- jectives, performance standards, con- struction plans, a monitOring program and a contingency plan. I. Alternative Methods of Develop- ment: If wetland changes are proposed, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order: • Avoid any disturbances to the wetland or buffer; 8 -63 4-8-1200 • Minimize any wetland or buffer impacts; • Compensate for any wetland or buffer impacts; • Restore any wetlands or buffer impacted or lost temporarily; • Create new wetlands and buffers for those lost; and • In addition to restoring a wetland or creating a wetland, enhance an existing degraded wetland to compensate for lost functions and values. This evaluation shall be submitted to the Department Administrator. Any proposed alteration of wetlands shall be evaluated . by the Department Administrator using the above hierarchy. j. Such other information as may be needed by the City, including but not lim- ited to an assessment of wetland func- tional characteristics, including a discussion of the methodology used; a .study of hazards if present on site, the ef- fect of any protective measures that might be taken to reduce such hazards; and any other information deemed nec- essary to verify compliance with the pro- visions of this Section. (Ord. 4587, 3-18-1996; Amd. Ord. 4835, 3-27-2000) WSEC Trade-Off Fonn: Manual of Wattsun calculations performed to show compliance with chapter 5 of the current adopted version of the Washington State Residential Energy Code requirements. (Revised 10/00) ", CITY )F RENTON Kathy Keolker·Wheeler, Mayor PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator June 20,2005 StE3phen Schrel, PLS Core Desing. Inc. . . 14711 NE 29th Place #101 ' Bellevue, WA 98007 Subject: Cherie Lane Final Plat LUA-05~073,' FP·.' Dear Mr. Schrei: The Development planning Section qf the City of. Renionhas determined that the, sLibjectapplication is complete ,acpording to submittal, requirements and, therefore, is accepted for review. ' ,-' ' , ' You will be notified if any additi,onaLinfor~atior":i's:r.equlredtocontinueprocessing your' application. ' ' , :, Please contact me at (425) 430-7298·if,yOu have'/3ny questions. ' Since'rely, .~ Arneta Henninger Project Manager cc: Kevin Wyman -Mackenzie River Hom'es / Owner ----------~10~5~5~S-ou-tl~lG~r-a~dy~W~a~y--~R-cn-t-on-.~W~a~Sh~in-g-to-n~9~8~05~5~-----------~· <it} This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ~ .................. .. Do3-0~Ft ::;Dg r otft City of Renton LAND USE PERMIT DEVELOPMENT CITY OF MASTER APPLICATION JUN 1 0 2005 PROPERTY OWNER(S) PROJECT INFORMATION NAME: Mac k dnzie River Homes PROJECT OR DEVELOPMENT NAME: ADDRESS: 16540 SE 149th Street Cherie Lane PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: South CITY: Renton 98059 of the southerly terminus of Wells Avenue South. The ZIP Code Is 98055. TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 2923059123 APPLICANT (If other than owner) NAME: Kevin Wyman EXISTING LAND USE(S): Vacant COMPANY (if applicable): Mackenzie River Homes PROPOSED LAND USE(S): Single Family Detached ADDRESS: 16540 SE 149th Street EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Single Family CITY: Renton 98059 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION TELEPHONE NUMBER 206-419-0349 (If applicable): N/A EXISTING ZONING: R-8 CONTACT PERSON PROPOSED ZONING (if applicable): N/A NAME: Stephen J. Schrei, P.L.S. SITE AREA (In square feet): 217,203 sq. ft. COMPANY (If applicable): Core Design, Inc. SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): 46,750 sq. ft. ADDRESS: 14711 NE 29th PI. Suite 101 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Bellevue I WA ZIP:98007 ACRE (if applicable): 5.77 DU/Acre NUMBER OF PROPOSED LOTS (if applicable): 16 TELEPHONE NUMBER AND E-MAIL ADDRESS: 425-885- 7877, sjs@coredesigninc.com Q: wcb/pw/dcvscrv/lorms/plllnning/mustcmpp.doc 04113/05 PRe ~CT INFORMATION contlnl , , -- NUMBER OF NEW DWELLING UNITS (if applicable): 16 PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL o AQUIFER PROTECTION AREA ONE BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL o AQUIFER PROTECTION AREA TWO BUILDINGS TO REMAIN (if applicable): N/A o FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A o GEOLOGIC HAZARD 33,548 sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL o HABITAT CONSERVATION sq. ft. BUILDINGS TO REMAIN (if applicable): N/A o SHORELINE STREAMS AND LAKES sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if o WETLANDS 17,547 sq. ft. applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A LEGAL~DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information Included) SITUATE IN THE ,. SW QUARTER OF SECTION _29_, TOWNSHIP _23_, RANGE_5E_t IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Final Plat 3. -- 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) , declare that I am (please check one) _ the current owner of the property Involved In this application or the uthorlzed representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the Information herewith are In ali respects true and correct to the best of my knowledge and belief. ~(PC-L.. -ere P. £,A!!r-~ _-Z::: -u.,. ~f I certify that I know or have satisfactory evidence that Kw In w~ tr4L'1 I" (.I)fI I...t ,t.A~ "'7' signed this Instrument and acknowledged It to be his/her/their free and vluntary act for the uses and purposes mentioned In the Instrument. (Signature of Owner/Representative) Notary (Print) 0/108 ~&5tV} /. ----'-'.\.,-. '...... --"'~ ...... -~- Q:web/pw/dcvselV/fonnslpIHnninglmHsterarr·doc 04113/05 .,.' CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description, Core Project No: 03090A 04/13/05 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., TN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 330 FEET; ALSO EXCEPT THE EAST 660 FEET. I :\2003\03090A \Legal\03090aLOl legal.doc --' ,.---TOMMY J. COCHRAN CUSTOMER SERVICE REPflESENT A TIVE RENTON MAIN OFFICE ~ UNITEDSTIJTES ~ POSTIJL SERVICE 17200 116m AVE SE RENTON WA 98058-9998 425-255-6389 FAX: 425-255-4278 o www.usps.com Z Zz Ln Q zo C) SI-C) W D..Z C'l !z~ c::::) > -wu.. '"'T W :EO Z 0 &~ :::l W -1-.. £C wO > w c " Ii ar ... · ... 1 .. ~ ~ ____ :::: Q :iF w trrtT =m, "I I: i db----r-l ___ ~ :1 Gl~ 1 ~ I J: 'i !> f -i>;!l" ;-:t:~ ~ 1 ~-.. ~ J " -;: ::;z;.......( __ -_ --fI 57.1 .;.a, D2me1 RAT ,i f .;.;;:t I fI ~H!iJ8~4, ~ 11£ I szl ....... tm>.r_ _ 1\ .t, \ \ \ \ . \ " \ \ '. ~BD"""J '\ ", "'- l '\ \ ~ __ . -', ~ ... BENCHMARKS d IIASIS OFBEARlNGS. -_._---------------~ .. ..,...... .... -...: ..... -_4~ (S (S (J " ,_ .. , It "-(S a j ~ o.r-. 32:::-t -rc R:: !.;{ ,l.;;-I'" a~ -I;: {fi C.I'" 33~ r~ ~ 'u ~<;::2 . __ -L-~ ....... c--.... ... .-..} l:Z --r 34 ...... ~ "'C-.J :;;;--,~ l.;., ,'!-' -~-~ ,.- i -'EVELOPMENT SERVICES DIVISION • WAIVER uF SUBMITTAL REQUIRI:11iENTS FOR LAND USE APPLICATIONS 'LANi) .tJ.$~::P:ER.Nlit$~~MI:ttA~«« ::w.:·:.:·:.A::B·iy .. ve:,~;.:.:·:.D.·:.: .. :.:. :::::::::::::: ::REQuiREMENTS:::::::::::::::::::::::::::::::::::: . Calculations 1 Construction Mitigation Description 2 AND 4 Df)~S.ity.: :'N.i)rk$~e~t: 4:::::::::::::'::: . :.:.:: ................ :.::.:.:.: ... . Drainage Control Plan 2 ., ... . ,. , i?r~il1~Q~:~~P~~:~<: ... ':".: .. ....... ... .. .. , ... Elevations, Architectural 3 AND 4 ~~virbh'rt;~h~~(¢H~¢ki,~t{:::::::::: ....... . .......... . Existing Covenants (Recorded Copy) 4 .. , ..... ,", .. , ....... ,.,. , . . ~j~tirjQ:.$~~~.nJ~~t~:(R~cor:~~~::¢~PY):~:::::::::·::::::::::::::::::: Flood Hazard Data 4 . . . . . . , . . . . , Flo.o(PIi:iJ)$}AMo,(:> <:::«<: .... Geotechnical Report 2 AND 3 Grading Plan, Detailed 2 HElbit~(P.~t~:~~po~:~.:>·: ....... ::: ... :: ..... : ..... . King County Assessor's Map Indicating Site 4 L~ri~sc~pintfpl~n;:¢oii:cep.t~al\<:»> ... ,':':" . Legal Description 4 Llstof:~~rr()Liridi~gprrip~r.ty.:C)~n.e:r~'{:: ............ . Mailing Labels for Property Owners 4 M.~p'::Qf:~~f@~Q::$..lt~:q~h~ltl~~~+:::::::::::::::::::::::::::::::::::::::::::: Master Application Form 4 Neighborhood Detail Map 4 This requirement may be waived by: Mq:I),:If:i~t( :::::::::SY:::::::::::: 1. Property Services Section PROJECTNAME: __________________ __ 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section Q:IWEBIPWIDEVSERVIFormsIPlanninglwaiver.xls DATE: __________ _ DEVELOPMENT PLANNING CITY OF RENTON JUN 1 0 2005 RECEIVED 6/9/2005 .. DEVELOPMENT SERVICES DIVISI. WAIV"E"R OF SUBMITTAL REQUmEMENTS FOR LAND USE APPLICATIONS :.:::/::/:::::H6N;ffl::URWat.~~f~t:~:M'ry'H:;.;:!//·))!)j·!:m~~TRHi·!:m3:~'~~!H:H!!!:!!!//.!/:!!!:99~i~~~1!¥/!·// .. /!!//. Parking, Lot Coverage & Landscaping Analysis 4 p:(an::~~~~tj~ri~:(P.Mt~}:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ':::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Postage 4 R:~~~p:p.li~~ti8ri:M#.t!89:~:U~~~iY~::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Public Works Approval Letter2 ~~~#.~(!t~t.~¥.::p:i~~::.i::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Screening Detail 4 ~:i~~:R!~ry:~:A~~:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: -::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Street Profiles 2 T~~i~:~~P'9ri:9t:::p:i~~:¢~~~18~i~:~:::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Topography Map 3 tf~#.i8:~~~Y:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: .:::::::::::::::::::::::::::::::: -::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Tree Cutting/Land Clearing Plan 4 ~~~~h:#~~tC#::p~~igii:Qy'~~~y':¢ii~ki9t::~~P.P~::.i:::::::::::::: ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: -::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Utilities Plan, Generalized 2 Wetiands:Mitlgatibn:p.i:an;::F.lnai:4:::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: -:::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Wetlands Mitigation Plan, Preliminary 4 W~~I~~d~::~~p.~rl!tj~!lri~~tjori::~::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1, Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section '.'li. '.: : -ri' ',1,' _ • r' ••. ,,1.~' J .. I, . ({ ~·i~·j ".I.:~". ,':,1' " , ' Q:\WEB\PW\OEVSERv\Forms\Planning\waiver.xls PROJECTNAME: ________________________ _ DATE: ________________________ ___ DEVELOPMENT Pl.ANhjli\4~. CITY OF RENTON JUN 1 0 2005 RECEIVED 6/9/2005 13 05 OS:27a DUZ,LLC I W~man 8SS 817-337S Da/. ~ ~004 .:S5&55 $195.00 Chtd .4538 Treciln,ID: '42285 ~'" Cf~!~ STATE pF WASHI~GTO": Doc No: 4358.55~1 __ ........... ~CATION TO FORM A m SECRETARY OF STAT~ PRO IT CORPORATION FILED SECRETARY OF STATE SAM REED • PIII850 PRINT or n'PE In blacllink , • Sign. dale Dod rvlum orlglnal AND ONE COpy 10: CORPORATIONS OIVISION (Pfr C/llpllf UII,m RCWI FEE: $175 GUAI ,.IlYIC. AVAl"""~. _.,., PEA .... "."" D _TI "DPI1IITII" III ao~D UlTTIIRS ON OUTIID. 0' ENVELOPI 801 CAPITOL WAY SOUTI'i • PO BOX 40234 OLYMPIA. INA 08!1~2" UBI; 602 406 953 • BE SURE TO INCLUDE FILING FEE. Chow shou~--~iiiijj'i;iiiri;iiiiI!t----I..-""";;'~~""";;'''';;'''~:''''::'''-1 be mado payable to ·Secrelary of Stato" ARTICLES OF INCORPORATION NAME OF CORPORAnON (MUiI C'OIliliin lIIe WG'II "CC1tJIQf1I~O/I" 'Inc;orpOflJllltI' or 'Llmilltl' Of' /lie aIlllftl,elfOll 'Corp, " 'nc. • "Co. "01 "LId, i eFFECTIVE DATE OF INCORPORATION .» PLEASE ATTACH ANY OTHER PROIIISIOHS THE CORPORATION ELECTS TO INCLUDE .c« NAME ANO ACORESS OF WASHINGTON Iil'ATE REGISTEREO AGENT NWM l<ear" m k to /I tJylr'-Oo SirllJl Addleu (ReQlllrllq) 12(Jl2 ~Ave. Sit. tilL. CIl~ ~ tjk. PO BQJI (OplfC/nat -Mull lie In ~ a'w " _, etIIInIs.1) ZlP (/I rlltrurunllhllfl IIIIDtIlltJP) ______ _ , CO/ISlII'IO SIIrvt /II RogI$tItt8d Agen' In rhll StIlt. of WIIlShlngton fw thl .tic", M/fIIId 'OI'JIorulion. IlItIrllIfItond" will lie my rnpon4J. blllfy 10 ,,,cePI S''''/ce of ProtvlII on behotf of rtle corporarton: 10 fDtwarrJ "..11/0 lIN C:orpoIiItlon; end to Immedlacely noltfy rho OffICI of IfIo Secrutary of Star. '" nl$lgtI or ching. rtle Aeg~.Ist~entd~~lIiILliUIl~ NAMES AND ADDReSSeS OP eACH INCORPORATOR (II n~ BftO!;/l/Kkl1/ofllll n/lllltl. and IddrvsulJ NIUI'4I ~ mVLtl/ hlym4 0 ~dcltD" (lJJo ~dire StiZ, I W CI'~ "S,wdte Sllrt.G.£t7JP ~ ~---------------------------------------------------------------------- ~~ln _________________________________ O~ _______________ Sllrte ____ ~P ________ __ N~ ______________________________________________________________________ _ AClaro .. ___________________________ cnr~ ________ 51D1C1 __ liP _____ _ SIGNATURE OF INCORPORATOR 'nI/, documenl ~ hereby fllf«Uted I/tIder p.nQIII~ 01 Pt1Il1'1. stld /1. to the brll' Df my /rnow/fldga, flUB Illd '<"\"OCt. CORPORATIONS INFORMATION ANC ASSISTANCE -360n63-1116 (TOO -380n63-1486) , D K Q e I ~ " • c o t ~ , o R o , • I • B U I I) N L t OM4IIl (00Il0) p.2 ,,", J~n 13 05 06:27a DU2,LLC I W~man 866 817-3376 I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to MACKENZIE RIVER HOMES, INC. alan WA Profit Corporation. Charter documents are effective on the date indicated below. Date: 6/28/2004 UBI Number: 602-406-953 APpro: 117510 Given under my hand and 111e Seal of the Stale ofWlIshington at Olympia, the State Capital Sam Reed, Secretary of State p.3 I ~ CORE ~DE5IGN Core Design, Inc. J 4 71 J N. E. 29th Place, Suite J 0 J Bellevue, Washington 98007 425.885.7877 Fax 425. 885. 7963 April 12,2005 Core No. 03090A www.coredesigninc.com City of Renton Renton City I-Jail 1055 South Grady Way Renton, W A 98055 Suh.iect: Cherie Lane Final Plat Dear Final Plat Reviewer: As a condition of Final Plat submitt,li, the following addresses the conditions of approval from the Hearing Examiner for the above-referenced project. I. The applicant shall submit a revised PMT (8-112 x II reduction) of the plat that cOlnplies with the development standards. The revised PMT shall be submitted prior to the recording ofthefinal plat to the Development Service Division. The required revised PMT reductions of the plat have been included with this first submittal. 2. The applicant shall indicale on the face of the final pIal the orientation of the front yard and side yard along a street for Lot I Ivith the frOllt yard facing thellorlh property line (havillg the alfached garage accessed from the 1I0rlh) alld the west property· lille he the side yard alollg a street. The satisfaction of this requirement is' subject to the review alld approval of Development Services Division prior to the recording of the final plat. Restriction No. I on Sheet 2 of the final plat addresses this condition. 3. The following lots are required to utilize their respective access easement: oj Lots 5 and 6: and b) Lots 13 and 14. The condition shall be placed on the face 'of the /ilia I plat. Restriction No.2 on Sheet 2 or the final plat addresses this condition. 4. The portion of the plat property, ~ving northwester(v of the street right-of way for South 35/h Street abutting the cul-de-sac, shall becolne part of the street right-ofWay dedication. The satisfilction of this requiremenl is subject to the review and approvei/ of Development Services Division. The area in question has been included in the area to l.,e dedicated as public right- of-way, as shown on the final plat. . . ENGINEERING· PLANNING· SURVEYING I tit .. ~ , . , I \ i I • 4/13/05 Pg: 2 5. A homeowner's association or maintenance agreement shall be created concurrellt~v with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft o.fthe dOClllII ent(.r;;) , ijnecessm:v, shall be submitted to the City ofRenlOn Develop/nent Services Division for review and approval by the City AtlOJ'/ley and Property Services section prior to recording of the finol plat. This condition shall be met by action taken by the developer. Copies of the Covenants, Conditions and Restrictions have been submitted to the City along with this first submittal of the final plat. 6. Sanitm)! sewer service will be from Soos Creek Water and Sewer District. The applicant will need a written cO/~firmation that sewer service will be avai/able as soon as possible. Sanitary sewer service will be taken from the Soos Creek Water and Sewer District's sanitary sewer facilities currently being constructed, according to the approved construction plans following the completion of construction and approval from Soos Creek. The developer shall provide a letter of avai labi lity. I trust that this will satisfy the City's requirement for a compliance letter regarding Cherie Lane preliminary conditions. If you have any questions. please do not hesitate to call. Sincerely, 7l;;2C. Stephen.l. Schrei. P.L.S. Project Surveyor OS-Its; 1.0" Ol'!'." :tfS-~ O':~s;/J~ JUN t\10ZI\lII\lG bIOla DECLARA nON OF COVENENTS, CONDITIONS, EASEMENTS AN11~C~/~ ~S RESTRICTIONS FOR CHERlE LANE ~/) Declaranl as the owner in fee of real property legally described as Lots 1-16 Cherie Lane. <lccording to the plat thereof recorded at Volume __ of Plats, pages __ through __ , inclusive. recorded <It King County Recorder's File Number _________ -' situate in King County, Washington A Iso known <IS The SOUlll one-half of the Northwest one-quarter of the SoutJlwest one-quarter of Section 29. Township 23 North, Range 5 East, W.M.. in King County, Washington; EXCEPT the North 330 feet; AND EXCEPT the East 660 feet thereof. SlTUATE in the County of King, State of Washington. and all streets and tracts delineated on the plat (hereafter the "Real Property"), hereby covenants, agrees and declares that all of the Properties and Housing Units constmcted on the Properties are and will be held, sold, and conveyed subject to this Declarntion, which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties for the benefit of all of the Properties and their owners. The covenants, restrictions, reservations, and conditions contained in tllis Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon tIle Properties and each portion thereof and aU persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs. successors and assigns. This Declaration ,md its exhibits consist of __ pages, including the title pages but not including the Recorder's Cover page preceding this page. Declarant Mackenzie River Homes Inc 8y: ____________ _ Kevin M Wyman, President State of Washington ss County of King [ certify that I know or have satisfactory evidence that Kevin M Wyman is tIle person who appeared before me. and said person acknowledged that he was authorized to execute the instrument ,md acknowledged it as the President of Mackenzie River Homes fnc to be the free and voluntary act of such party for the IIses and purposes mentioned in tJlis instnunent. Dated 2005 ----- ~-__=__:_:_:__-----(printed name) Notary Public My Appointment Expires, _____ _ DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - A COVENANTSCov.r.doc ARTICLE ONE Definitions ARTICLE TWO Reserved ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period Section Two Purpose of Development Period Section Three Authority of Association after Development Period Section Four Delegation of Authority ARTICLE FOUR Membership ARTICLE FIVE Voting Rights ARTfCLE SIX Property Rights in Common Areas ARTfCLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance -Common Areas Section Two Standard of Maintenance -Lots Section Three Remedies for Failure to Maintain Section Four Common E:'q)enses ARTICLE EIGHT Assessments Section One Types of Assessments Section Two Determination of Amount Section Three Certi.ficate of Payment Section Four Special Assessments Section Five Reserved Section Six Fines Treated as Special Assessments ARTfCLE NINE Collection of Assessments Section One Lien -Personal Obligation Section Two Delinquency Section Three Suspension of Voting Rights Section Four Commencement of Assessments Section Five Enforcement of Assessments ARTICLE TEN Building, Use and Architectural Restrictions Section One Development Period Section Two Authority of ACC after Development Section Three Delegation of Authority of ACC Section Four Appointment of ACC Section Five Approval by ACC Required Section Six Temporary Structures Prohibited Section Seven Nuisances Section Eight Limitation on Animals Section Nine LimiUltion on Signs Section Ten Completion of Construction Projects Section Eleven Unsightly Conditions Section Twelve Antennas, Satellite Reception Section Thirteen Setbacks Section Fourteen Roofs Section Fifteen Fences, Walls Section Sixteen Residential Use Only, I-Tome Business Limited Section Seventeen Undergrowld Utilities Required Section Eighteen Limitation on Storage of Vehicles Section Nineteen Enforcement ARTICLE ELEVEN Easements Section One Easements for Encroachments Section Two Easements on Ex1erior Lol Lines Section Three Association's Easement of Access Section Four Easement for Developer DECLARATTON OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERll~ LANE - B COVI!NANTSCov.r.doc ARTICLE TWELVE Section One Section Two Section Three Section Four Section Five Section Six Section Seven Section Eight Section Nine ARTICLE THIRTEEN ARTICLE FOURTEEN Section One Section Two ARTICLE FIFTEEN ARTICLE SIXTEEN Section One Section Two ARTICLE SEVENTEEN Section One Section Two Section Three Section Four Section Five Section Six Section Seven Section Eight ARTICLE EIGHTEEN Section One Section Two Section Three Section Four Section Five Mortgage Protection Mortgagees Liability Limited Mortgagee's Rights during Foreclosure Acquisition of Lot by Mortgagee Reallocation of Unpaid Assessment Subordination Mortgagee's Rights Limitation on Abandonment of Common Areas Notice Management Contracts Insurance Coverage Replacement, Repair after Loss Rules and Regulations Remedies and Waiver Remedies Not Limited No Waiver General Provisions Singular and Pluml Severability Duration Attorney's Fees, Costs and Expenses Method of Notice Enforcement of Declaration Successors and Assigns Exhibits Amendment and Revocation Exclusive Method Amendment by Developer Voting Effective Date Protection of Developer DECLARATION OF COVENENTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -C COVENANTSCo"or.doo DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE ONE Definitions For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows "ACC" shall mean the Architectural Control Committee, as described in Article Ten, Section Four 2 Reserved 3 "Articles" shall mean the Association's articles of incorporation and any amendments 4 "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering this Declaration 5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association 6 "Bylaws" shall mean the Association's Bylaws and any amendments 7 "Common Areas" shall mean the property, both real and personal, in which the Association has been granted an ownership interest, easement, lease or other right of control, by written instrument, by delineation on the Plat 8 "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements and restrictions, and any amendments thereto 9 "Developer" shall mean the Declarant Mackenzie River Homes Inc, or any persons or entities to which it assigns all or a portion of its rights as Developer, or succeeds to its interest. To the extent that a portion of the Developer's rights and responsibilities are assigned, the assignee may exercise the rights and perform the responsibilities described in the assignment 10 "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been improved by construction of single family homes by the Developer or its assignees, or any shorter period as agreed to by all of the Developer's assignees. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period 11 "Housing Unit" shall mean the building occupying a Lot 12 "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state taws, any corporation or insurance company or state or federal agency which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon 13 "Lot" shall initially refer to one of the Lots located in the Real Property described herein DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 1 14 "Member" shall mean every person or entity that holds a membership in the Association 16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties 17 "Neighborhood Services" shall mean any services that the Association is required to provide for the benefit and of the Lots or related to their use by conditions described on the Plat, in any recorded easement or agreement, this Declaration, or applicable law 18 "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner 19 "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity 20 "Plat" shall mean the plat of Cherie Lane, described on the first page of this Declaration, together with all requirements described or referenced therein 21 "Properties" shall mean the Real Property 22 "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract ARTICLE TWO Reserved ARTICLE THREE Management of Common Areas and Enforcement of Declaration Section One Development Period During the Development Period, the Association and the ACC, together with all Common Areas and all Neighborhood Services administered by the Association shall, for all purposes, be under the management and administration of the Developer or its assignees. During the development period, the Developer shall appoint the directors of the Association provided in the Bylaws, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint members of the Association to such committees or pOSitions in the Association as the Developer deems appropriate, to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the members as the Developer determines, for such time as the Developer determines. Members appOinted by the Developer during the Development Period may be dismissed at the Developer's discretion Section Two Purpose of Development Period The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Housing Units DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 2 Section Three Authority of Association After Development Period At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas, the Neighborhood Services, and to enforce this Declaration, Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration, together with other duties that may be assigned to the Association in any easement, agreement or on the Plat The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Ten, Section Five Section Four Delegation of Authority The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation, The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer ARTICLE FOUR Membership Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for, or recordation of any other instrument signifying ownership of, such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association ARTICLE FIVE Voting Rights Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members'votes may be solicited and tabulated by means other than personal attendance at meetings, such as mail, electronic mail, or facsimile ARTICLE SIX Property Rights in Common Areas The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities In and on the Common Areas, subject to any restrictions delineated on the Plat of the Properties. The Association shall have the exclusive right to use and manage the Common Areas and any easements in which the Association holds an interest in a manner consistent with the Plat, this Declaration, the Articles and the Bylaws of the Association or in any easement During the Development Period, the Developer shall have the exclusive use of the Common Areas for the placement of structures, signs and materials related to the construction and marketing of homes on the Real Property, without compensation to the Association. The Board shall have the power, in addition to all other powers granted it by this Declaration, the Bylaws, applicable law and any easements, to grant additional easements or enter into agreements related to the Common Areas without further approval of the Members to the fullest extent permitted under law, as if the Board is the sole owner of the Common Areas ARTICLE SEVEN Maintenance and Common Expenses Section One Standard of Maintenance -Common Areas The Association shall maintain the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 3 Common Areas and any easements in which the Association holds an interest in a manner consistent with good building and nursery practices, in compliance with all applicable governmental codes, regulations, easements and agreements. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section Two Standard of Maintenance -Lots Each Lot Owner hereby covenants and agrees to maintain the Owner's respective Lot, and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain the Owner's home so that the Real Property will reflect a high pride of ownership Unless otherwise specified on the Plat, each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on the owner's Lot Section Three Remedies for Failure to Maintain If any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and the Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Nine of the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice Section Four Common Expenses The Association' shall perform such work as is necessary to perform all Neighborhood Services, and to carry out all the duties described in this Declaration, the Plat, and in any easement or agreement made by the Association. The Association shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following The real and personal property taxes levied upon the Association forthe Common Areas, 2 The cost of maintaining (a) insurance coverage for the Common Areas and (b) insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC, DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 4 3 The cost of maintaining, repairing, replacing, operating and leasing all Common Areas and their improvements (which Common Areas shall include any Wetlands, Sensitive Area or Open Space Tracts described on the plat which the Association owns or is designated as the party responsible for their maintenance and repair) Such costs include, but are not limited to, stormwater detention facilities, landscaped entries, signs, lights, fences, walls, postal service boxes, easements, controlling vegetation, plantings and landscaping (if not maintained by applicable governmental jurisdiction) 4 Any other expense which shall be designated as a Common Expense in the plat of the Property, the Declaration, its Exhibits, the easements and the agreements of the Association, or from time to time are identified by the Association ARTICLE EIGHT Assessments Section One Types of Assessments Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association, or by the Developer during the Development Period Section Two Determination of Amount The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer or its assignees, without the consent of the Developer or the assignees. The Association may create and maintain from assessments reserve funds for replacement of Common Areas and their improvements. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the prior assessment shall be automatically continued at the sum previously set by the Board until such time as the Board acts in the manner provided by RCW Chapter 64 38 (or any successor statute permitting automatic adjustments in the budget) Section Three Certificate of Payment The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid Section Four Special Assessments In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer and its assignees shall not be obligated to pay any special assessments on Lots owned by the Developer or its assignees. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which are not for the upgrade, repair or replacement of existing improvements, shall require approval of two-thirds the Members Section Five Reserved Section Six Fines Treated as Special Assessments Any fines levied by the Association DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 5 pursuant to RCW Chapter 64 38 (or any successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Nine ARTICLE NINE Collection of Assessments Section One Lien -Personal Obligation All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot Section Two Delinquency If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the autl10rity to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three Suspension of Voting Rights In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration Section Four Commencement of Assessments The assessments may commence as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the Lot after it is improved by construction of a single-family home. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer or the Developer's assignee who constructed the home on the Lot may collect from each Purchaser an amount equal to one year's assessment for the Association, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association Section Five Enforcement of Assessments The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Article Seventeen, Section Five DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 6 ARTICLE TEN Building, Use and Architectural Restrictions Section One Development Period The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association Section Two Authority of ACC After Development At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration Section Three Delegation of Authority of ACC The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation Section Four Appointment of ACC After the Development Period, the Board shall appoint the members of the ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws of the Association. If the Board fails to appoint the members of the ACC, or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office, Section Five Approval by ACC Required Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography, Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained Time Limits If the ACC or its authorized representative shall fait to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of ail required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U SMail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address deSignated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Members 2 Guidelines The ACC may adopt and amend, subject to approval by the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 7 board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request 3 Meetings The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise 4 No Waiver Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval 5 Consultation The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review 6 Appeals After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board 7 Enforcement The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board 8 No Liability The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC 9 Fees The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board Section Six Temporary Structures Prohibited No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC Section Seven Nuisances No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64 38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance Section Eight Limitation on Animals No animal, livestock or poultry of any kind shall be DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 8 raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration Section Nine Limitation on Signs No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot (where posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot, the right to maintain upon the property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer Section Ten Completion of Construction Projects The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer or its assignees, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Housing Unit, and rear yard landscaping must be completed within one year of completion of a Housing Unit. Except with the approval of the ACC, no person shall reside on the premises of any lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed Section Eleven Unsightly Conditions No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, Junk or other debris, inappropriate, broken or damaged furniture or plants, non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items, and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained from the ACC. Section Twelve Antennas. Satellite Reception Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Ten, Section Five. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Article Ten, Section Five, and a showing by the Owner that such installation will be visually shielded from most of the view of the residents traveling upon streets located on the Properties . Section Thirteen Setbacks No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties Section Fourteen Roofs Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE - 9 Section Fifteen Fences Walls In order to preseNe the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. The design and color of any fence on the Properties, whether visible to the other Lots or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the Developer during the Development Period, and continued or modified by the ACC after the Development Period. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the Developer, the ACC or the Board Section Sixteen Residential Use Only Home Businesses Limited Except for Developer's and its assignees' temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, materials or supplies used in connection with any trade, seN ice or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home, nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time. promulgate rules restricting the activities of Home Businesses located on the Properties pursuant to the authority granted to the Association under these Covenants, the Bylaws, and RCW Chapter 6438 Section Seventeen Underground Utilities Reguired Except for any facilities or equipment provided by the Developer, its assignees, or any utility, all electrical seNice, telephone lines and other outdoor utility lines shall be placed underground. Section Eighteen Limitation on Storage of Vehicles The Lots, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, non-commercial trucks and motorcycles. Boats, boat trailers, house trailers, campers, commercial trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets on the Properties. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed unless stored in a garage. Section Nineteen Enforcement The Association, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64 38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64 38), but the Member must first obtain an order from a court of competent Jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to Join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action ARTICLE ELEVEN Easements Section One Easement for Encroachments Each Lot is, and the Common Areas are subject DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -10 to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and for maintenance of the same as long as the improvements remain. Section Two Easements on Exterior Lot Lines I n addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible Section Three Association's Easement of Access The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Seven, Section Three of this Declaration, (b) repair, replacement or improvement of any Common Area accessible from that Lot, (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon, (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do, and (e) all acts necessary to enforce this Declaration Section Four Easement for Developer Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property ARTICLE TWELVE Mortgage Protection Section One Mortgagees Notwithstanding and prevailing over any other provIsions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot Section Two Liability Limited The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided Section Three Mortgagee's Rights During Foreclosure During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges Section Four Acguisition of Lot by Mortgagee At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -11 declaration, and the Articles, Bylaws, rLlles and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot Section Five Reallocation of Unpaid Assessment If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association Section Six Subordination The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest Section Seven Mortgagee's Rights Any Mortgagee shall have the right on request therefore to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the association within (gO) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting Section Eight Limitation on Abandonment of Common Areas The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Such abandonment of all or a portion of the Common Areas shall require approval of the City of Renton. Section Nine Notice If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities, (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities, (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days, (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, and (f) any proposed action that requires the consent of a specific percentage of Mortgagees ARTICLE THIRTEEN Management Contracts Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice ARTICLE FOURTEEN Insurance DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -12 Section One Coverage The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice Section Two Replacement. Repair After Loss In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred, provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the members of the Association The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas ARTICLE FIFTEEN Rules and Regulations During the Development Period the Developer may adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests, and to establish penalties for the infraction thereof After the Development Period, the Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64 38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64 38 ARTICLE SIXTEEN Remedies and Waiver Section One Remedjes Not Limited The remedies provided herein, including those for collection of any assessment or other change or claim against any Member, for and on behalf of the Association, the ACC, or Developer, are in addition to, and not in limitation of, any other remedies provided by law Section Two No Waiver The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -13 regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors ARTICLE SEVENTEEN General Provisions Section One Singular and Plural The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed Section Two Severability The invalidity of anyone or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted Section Three Duration These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as herein provided Section Four Attorney's Fees. Costs and Expenses In the event the Association or a Member employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section Five Method of Notice Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted and received by facsimile. The association may adopt other methods for providing notice by resolution of the Board, provided that the methods adopted are reasonably calculated to provide actual notice to the recipients of the notice Section Six Enforcement of Declaration This Declaration may be enforced by the Association, the Developer or the Owner of any lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association, or the provisions of the Articles or Bylaws of the Association Section Seven Successors and Assigns This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Developer, the Members and the Owners Section Eight Exhibits All exhibits referred to in this Declaration are incorporated within the Declaration DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -14 ARTICLE EIGHTEEN Amendment and Revocation Section One Exclusive Method This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law Section Two Amendment by Developer During the Development Period, the Developer may amend this instrument to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument Section Three Voting This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at wl,ich the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have given notice to the Association requesting notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following (1) voting rights, (2) assessments, assessment liens and subordination of such liens, (3) reserves for maintenance, repair and replacement of Common Areas, (4) insurance or fidelity bonds, (5) responsibility for maintenance and repair, (6) contraction of the project or the withdrawal of property from the Properties, (7) leasing of Housing Units other than as set forth herein, (8) imposition of any restrictions on the right of an Owner to sell or transfer a Lot, (9) restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration, (10) any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs, or (11) any provisions which are for the express benefit of Institutional First Mortgagees Section Four Effective Date Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded Section Five Protection of Developer For such time as Developer or its assignees shall own any Lot located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which (1) discriminate or tend to discriminate against the Developer's rights, (2) change Article I in a manner that alters the Developer's right or status, (3) alter the character and rights of membership or the rights of the Developer as set forth in Article III, (4) alter its rights as set forth in Article X relating to architectural controls, (5) alter the basis for assessments, or the Developer's exemption from assessments, (6) alter the number or selection of Directors as established in the Bylaws, or (7) alter the Developer's rights as they appear under this Article DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR CHERIE LANE -15 ' . • R s CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE. WA 98104 DEVELOPMENT PLANNING CITY OF RENTON JUN 1 0 2005 RECEIVED ORDER NO: YOUR NO: UNIT NO: LOAN NO: PHONE: (206)628-5623 FAX: (206)628-5657 001114953 MACKENZIE RIVER 10 SUPPLEMENTAL COMMITMENT #2 o R D ERR E FER E N C E I N FOR MAT ION SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 2 PETER GANNON RENTON, WASHINGTON Our Title Commitment dated 09/11/03 at 8:00 A.M. is supplemented as fol lows: THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE SEPTEMBER 11, 2003 , EXCEPT AS SHOWN ON SUPPLEMENTAL 1. T JUNE 6, 2005 AUTHORIZED BY: MIKE HARRIS SUPPCOMZlRDMO!100 ·, • L , CHICAGO TITL~ NSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 ORDER NO: YOUR NO: UNIT NO: LOAN NO: SUPPLEMENTAL COMMITMENT PHONE: (206)628-5623 FAX: (206)628-5657 001114953 GANNON SURVEY 10 ORDER REFERENCE I N FOR MAT ION SUPPLEMENTAL NUMBER: 1 SELLER: PURCHASER/BORROWER: PETER GANNON PROPERTY ADDRESS: RENTON, WASHINGTON. Our Title Commitment dated at 8:00 A.M. is supplemented as follows: M THE VESTING IN PARAGRAPH THREE OF SCHEDULE A OF OUR COMMITMENT IS AMENDED AS FOLLOWS: MACKENZIE RIVER HOMES, INC., A WASHINGTON CORPORATION 11 PARAGRAPH NUMBER (S) 7 HAS (HAVE) BEEN AMENDED AS FOLLOWS: o 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF p " FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VAWE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2005 292305-9123-08 2130 $ 343,000.00 $ 0.00 BILLED: $ 4,110.26 PAID: $ 2,055.13 UNPAID: $ 2,055.13 THERE 11AS BEEN NO CHANGE IN THIS COMMITMENT SINCE SEPTEMBER 11, 2003, EXCEPT THE MATTERS NOTED HEREINABOVE. MARCH 29, 2005 AUTHORIZED BY: MIKE HARRIS SUPPLCOM/RDA/~9 sa M ,~...., .AGO TITLE INSURANCE COMPA(::·' JD COLlJMBIA CBNTBR, 701 5TH AW BKA'l"l'LK, WA 98104 SHORTPLATCER~CATE ... ;'", Certificate for Filing Proposed Short Plat Order No.: 1114953 In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: PETER M. GANNON, AS HIS SEPARATE ESTATE, AND SANDY M. VATH, AS HER SEPARATE ESTATE, EACH AS TO AN UNDIVIDED 50 PERCENT INTEREST, AS TENANTS IN COMMON EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $ 17.60 Records examined to September 11, 2003at8:00 A.M. By CHICAGO TITLE INSURANCE COMPANY HARRIS/TERRIERE/EIS REY Title Officer (206)628-5623 .i Ii. SHPIATA/12·S·90/BK , .---' Ii -'CAGO TITLE INSURANCE COMPA SHORTPLATCER~CATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 1114953 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 330 FEET; ALSO EXCEPT THE EAST 660 FEET. "'i CHICAGO TITLE INSURANCE COMPANY , CHICAGO TITLE INSURANCE COMPANY Order No.: 1114953 SHORTPLATCER~CATE SCHEDULEB This certificate does not insure against )0.'1.'1 or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in lhe public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right Lo lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, alI as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OFTHE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($lOOO.OO). Mil . -SHPLATB/031f94/.oc CHICAGO TIn.E INSURANCE COMPANY , A l. B 2. --'CAGO TITLE INSURANCE COMPi SHORTPLATCER~CATE SCJHEDULEB (Continued) EXCEPTIONS Order No.: 1114953 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: EASEMENT AND THE TERMS AND GRANTEE: PURPOSE: . AREA AFFECTED: RECORDED: RECORDING NUMBER: ROADWAY THE NORTH 30 FEET OF THE WEST 30 FEET MARCH 25, 1977 7703250227 CONDITIONS THEREOF: "SOOS CREEK WATER AND SEWER DISTRICT SANITARY SEWER LINE(S) AND/OR APPURTENANCES THE WEST 15.00 FEET OF THE NORTH 25.00 FEET DECEMBER 20, 1996 9612200593 c 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: RENTON PUBLIC UTILITIES THE WEST 15.00 FEET OF THE NORTH 18.00 FEET DECEMBER 31, 1996 9612311918 D ./' 4. CASCADE SEWER DISTRICT RESOLUTION NO. 1838, ESTABLISHING AN ANNEXATION CONNECTION CHARGE, AND THE TERMS AND CONDITIONS THEREOF, RECORDED UNDER RECORDING NUMBER 8304080503. K::!.\17"tJ,I./ B I 5. CITY OF ·~SDMQN8 ORDINANCE NUMBER 3790 ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR WATER SERVICE, AND ESTABLISHING CONNECTION CI~GES, AND THE TERMS AND CONDITIONS THEREOF, RECORDED UNDER RECORDING NUMBER 8403260504. F 6. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 20001211001717. Q 7. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2003 . _"M·M - CHICAGO TITLE INSURANCE COMPANY Hi_M'M'I 'Ii' ~""'CAGO TITLE INSURANCE COMP). TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: SHORTPLATCER~CATE SCHEDULEB (Continued) N EXCEPTIONS 292305-9123-08 2130 ASSESSED VALUE-IMPROVEMENTS: $ 330,000.00 $ 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 3,701.64 PAID: $ 1,850.82 UNPAID: $ 1,850.82 Order No.: 1114953 B 8. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 9001109004, AS FOLLOWS: LOCATION OF FENCES ALONG WESTERLY, SOUTHERLY, AND EASTERLY LINES OF SAID PREMISES, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. r 9. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. J NOTE 1: lUi THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: APO THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29-23-5. AS OF SEPTEMBER 11, 2003, THE TAX ACCOUNT FOR SAID PREMISES IS 292305-9123-08. END OF SCHEDULE B Ai -e SHPu\TIl3/12-12-90/HK CHICAGO 'I1TLE INSURANCE COMPANY CHICAGO TITLe d'-JSURANCE COMPANY 701 FIFTH A VENUE, # 1800, SEA TILE, WA 98104 -.~ . PHONE: (206)628-5623 FAX: (206)628-5657 IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. Northwest Y4 of the Southwest Y4 of Section 29-23-5 040 41 .. .. \'" • ." ... 1. oa MD-MID {,. ~.~ ... aOCWI0741 w'c ." ~.tI' l (& ..a. ,In' .. == • i . 1 MAP ROA 0999 -. EASEMENT Il'Or j,\ valWWle camdderaUon. receipt of Vblch Id bel'eb1 f1Clmo'f1ledged. the Grantor •• _____ ._ ••• _ .... WWM .1.'I_~.Il:X:_Q9~lh __ t9~.r!!~~Jy _MYM .~~.~~~.I ___________ • ______________ eo. ___ _ hereby gmnt ••• __ -AIId conVOJ __ • ___ to the Gl'8Dtee _~JIT9J'!_fJ!t}!t~~_~~.!I!!U~~~ __ ._ h_ •• ___ 1JW.'CeIIIIOJ'I lUld 8liId8DS. the rSgbt, prtvU9IJe and authority to coJllltruct, improve. repair and moatntBtn ________ ~_J[PJl~~_ •• _ •••••• _ ••• _._ •••• _ •• ____ •• ___ •••••••••••.• _"'_ ••• __ •• _ •• __ aerosu, over md upon the followtq lerui, located lD._ •• ____ ._)st~g .... -._ ....... County, State of WaahJJlltoD, ~,: Tax lot 123 of Section 29, Town9hi~ 23 North, Range 5 mast W.N., beqinninq as followsl The North 30 feet of the West 30 teet of the following described propertYI The South ~ of the Northwest ~ of the Southwest ~ less the North 330 feet les8 the Sast 660 feet. -.:: ... \ In WltoeDa Wbenot. TIlo 8Ild Oranw_ •• _ ba.~ •. _ em:uted this lnBtrumtmt the •• j1.~ __ . -.-- day ot_. __ •••• ___ ltl.lJfH .• ~_._ ••• ___ ._ 10.11 __ _ .. ~ CA4~'d~'A S'l'ATIl: 0' .... ;..-eH. I / lllI. (INDIVIDUAL AC.lCNOWl..EDOMlDM') Counw of ••... !'.L,4N.~ .i:(U ....... __ ......... __ . ., ) III /' ~1.(,"1Jj," I.... .'. .. (.~!.~ .... !-..'!.Hf-:1 ............... Nol4rY Public 11' ond lor the state Cit ~. residing "t.~j AN.~)."~J ...... C~J.I.~ .............. do hereby eertIIf UuU or thJa ... i'J. ~ ...... . clall ot ............ Jn~.a ..... __ .. __ .. 107.7 .. ~IJ aweared before DIe ......................... . ..... .. t':4~.~ __ .il1 ... !.r:&u/.1. .... __ .................................... __ ........ . to me IuIOWII to be tho Llldl9tdual ••••••• delIcrIbed IInDd '!rho WlCutad tile w\t.b1II ~t IIIId ncImowlodllad that ... ¥It .... .IllsrAed aDd oaIed \hi __ .... ____ .J:l.H1. __ ...... free @d volunW'V "' IIIId deIId tor tile \IIID BIId DUI'IIOGOD haratD _laaned. OtVB:N mmm MY u.um AlfD 01l'll'lClAL &mAL 1lUI. __ ........... L9.. .. !:. __ ..... __ . __ .. ____ ......... day or .. ""'''''' --... il1.tWa.~. __ .. __ ..... 10-:1.-7. .. I ~ ,I •• , • -'J ;~J.~' ._~ __ •• ___ ._.. • • • • ................ __ .... ___ .111 OAtd County. ~ ~'\ <'~ ' .•... :. ~ c::) til> ~ " "'0, :.'. "t ." ....... ., .. ,' ....... ~ "', . ..J' ',. ', ... . . ; i i I ,~Bj' Filed for Record at the request of SOOS CREEK WATER AND SEVVER DISTRICT 14616 S.E. 192nd Street Renton. Washington 98068 ,,,,-..... Easement No.: 29-23-5-51030 Project: TALBOT Hill TRUNK CONTRACT NO. 1-96S LAURA GANNON '6749 Addison Street Encino, Catifomia 91436 AGREEMENT FOR EASEMENT THIS AGREEMENT,.made this -L day of '""b t=V='" , 19~, by and between SODS CREEK WATER AND SEWER DISTRtCT, a Municipal Corporation of the State oi Weshington, hereinafter termed the a District", and LAURA GANNON, hereinafter termed the -Grantors a , WHEREAS, Grantors are the owners of land at appro)(imately 17200 10191 Place SE, Renton, WashingtOn, legatly described as follows: The South half of the Northwest quarter of the Southwest quarter of Section .~9, Township 23 North, Range 5 lEast, W.M., in King C~nty, Washington; EXCEPT the North 330 feet; EXCEPT the East 660 feet thereof. WHEREAS, the District requires an easement tor a sanitary sewer line{s) and/or appurtenance(s) across' Grantor's property at a location more specIfically described hereinbeklw; NOW, THEREFORE, in consideration of One Hundred Dollars and Zero Cents ($100.00) and other good and valuable consideration. in hand paid, receipt of which is hereby aCMowledged, and in consideration of the performance by the District of the covenants, terms and conditions hereinafter set forth, Grantors hereby grant, convey all1d quitclaim to the District the following easement: ,. The West' 5.00 feet of the North 25.00 feet of the above-described parcel of land. . Said easement is for the purpose of installing, constructing, operating, maintaining" removing, repairing, replacing and using a sanitary sewer lina{s) and appurtenances thereto, as designated above, together with the nonexclusive right to ingress to SInd egress from said portion of Grantor's property for the foregoing purposes, I ;\O<4'SGBldoc.\glInnon. tep • 5aptBn\ber 2 D. 1990 PAGE' OF 4 EXCISE TAX NOT REQutRED King Co. RaIordi 0Ma1on ~""tlav ,~ '-::.a ___ _ iMMWiWii , . . '-.. Easement No.: 29·23~5-S1 030 This easement is granted subject to and! conditioned upon the following tenns, conditions and covenants which the parties hereby promise to faithfully and fully observe and perform: 1. COST OF CONSTRUCTION AND MAINTENANCE. The District shalO bear and promptly pay all costs and expenses of construction and maintenance of the sanitary sewer line(s). 2. USE Of PROPERTY BY GRANTORS. The Grantors shall retain the right to use the surface of the easement if such use does not interfere with InsteUation or maintenance of the sanitary sewer linees). Plantings of trees, bushes, large shrulbbery, and the construction, installation and ma9ntenance of structures or buildings of a pennanent nature, including. fences, within the easement area shetl b8 deemed an encroachment upon the District's Basement rights, and the Grantor shaD be obiigated to remove such encroachments at Grantors' expense. further, the provisions of Paragraph 4 hereof as to restoration shall not apply to any such encroachments in the easement area. 3. THE DISTRICT'S USE ANID ACTIVITIES. The District shall, if the reat property or easement are disturbed by the maintenance, removal, repaii, or replacement of sucn flllCillties, restore the surface of the real property or easement ~ nearly as possible to the condldon in which It existed prior to the commencement of maintenance, removal, repair, or replacement. 4. RESTORATION. For original construction, the District wfU restore Grantor's property to a condition as good or better than the premises were prior to entry by ·the District. Photographs will be taken prior to construction on said property to assure the completeness of restoration. Final reatoratron will include, but shall not be limited to, sod replacement in exiadng lawns, hydroseeding in unimproved areas, end replanting of existing shrubs and " ~ bushes of the type that do not Interfere with the District's use of tha easement. Large trees ~ that 9)dst within the pennanent easement may be removed! during construction unless otherwise noted in this easement document. Fences, rockeries and concrete, asphalt and/or gravet drivaways, which do not interfere with the District's use of the easement area, will be repaired or replaced. 5. A nORNEY'S fEES. In case suit or action is commenced against the Grantors or the succeaSOf'S, heirs or assigns of said Grantors, for removal of an encroachment from this easement, the Grantors hereby promise to pay, in addition to costs provided by statute, such sum as the cau" may adjudge reasonable as attorney's' fees therein, 6. EASEMENT TO BIND SUCCESSORS. This easement is perpetual and shall be a, covenant running with the land and! shall be binding on the successors, heirs and assigns of both of the parties hereto. PAGE 2 OF 4 "+4i6i1klliflifilll "~'rI~. ,..fNiBi& •• i ..... jh.*.' .. f'c.+I'~ .. -... ..iS~.~:-:-i;;·.t4:'",a~+Or.t_"p.1 __ . ___ -.-j .... ~.~, .. :~ ... ,' ,' ______ _ ,."'- \ r J - I Easement No.: 29-23-6-S'030 7. EXEMPTION fROM EXCISE TAX. This easement is granted under the threat of eminent domain proceedings by the District, and therefore is exempt from State Excise Tax. 8. DURATION. This easement is permanent and shall expire only upon agreement of the parties hereto, or their successors and/or sssigns. IN WITNESS WHEREOF, we have set our hands and seals this fl· day of 'n tMt===, , 19.!1.lo LAURA GANNON STATE OF WASHINGTON) s COUNTY OF KI NG ~ s . On this day of , 19_, before me personally appeared LAURA GANNON and to me known to be the individuals dGscribed In and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Grantors, for the uses sind purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year above written. NOTARY PUBLIC in and for the State of Washington I residing at __ ...,.... __________ _ My conimission expires: f:10416SS\doea\galmoO.tQP· September 20. 1998 PAGE 3 OF 4 ----------~~~--w~--____ M~ ____ mE" ... _Mme ...... '.·Ee_~ .. .' , • • 0 o' i· . ... CAUIFORNllA ALL·PURPOSE ACIKHOWLeOOMlENT STATE OF CAUFORNIA COUNTVOF .On ~t! 8;lq.,q~ befo",mel~~ ~-----------------~ ----------------------------------------~--,~~ =- persanaJly known to me (or proved to me on the basis of sallafactory evh:Ience) to be the person(f Whc8e nantef.8) ~ aub8crIbed to the within Instrument and acknoWledged to me Qhat ~~ 8JC8CUted 1he same In ~,.,r auttlorlzed capacity~~1 and that by ~¥ 8IgnaI~ on the instrument the person~, or the endly upon behalf of which tile person~ acted. execut8dl the Instrument. WITNESS my hand and offlctal seal. ,. ~ .................. o .......... . • • Ow' ~ DENISE DALZELL SHAMS , • i' -• w {" . .~ COMM. #987904 ~ (f.) rt' ~_ :;; ~toT AR'( PlJeu~ . CAUFORNIA m < \ ,. • LOS MIGELC::3 cou~m ;" : ' .• ' " My Comm. expires MJR. '4. 1997 : : ................................. '. (SeSli) as &41. lAW ptM - -r '.' .' ~ . . ' "../"" /' 1l ~ ~ TR.D 1 I-_L_.I- I \-I. \ I I -" .. J J f E.R D , \'II 5 I W \' l J 4 5 6 _-1-. \J. 2 7 8 !...,.-.., Easement No.: 29-23-5-S1030 I f , I I 9 10 i 1-.-- (8 ..JJ A. ~ .,.. 0 .... 1R.A .2 11 '- f I r --~=~i~':: ::::~ ~;.------~.;~-. ~. I YI'. 1iO'nP. (a;:;o) PIIIM.~T ,. fl'-I--JJ1' lDIP. CIIN$T. PIIIIIJ r .... oil I r .., .f '" ,.. I I ~ g; :/I ~ -------.----~--- 1;\04\688\doc:a\(IiIfU1On.lep • SflPIflfTIb&( ZO, 19'6 SCALE: 1·"100' PAGE 4 OF 4 TALBOT Hill TRUN~'. CONTRACT NO. ' .. 965 EASEMENT NO. 29-23-5-S1030 IUliJJWCft mm _ aWi A¥ Q'1MMIJ!IJIIl j. ' . . / 'J. 1'nIjcd:_-----."..-.. l[JTlILITBES EASEMENT PIJ)o~ _____ ..... 0raaIar. ____ ___ STR: _____ ..... sired fn1rnwr1lo111: ___ _" • \ I lli1S INSTRUMENT, made this.h.=..J.ay of __ ..;;:'* _____ 19' ~ by and between LAUr;A' GA,.,w.:.U" '" and II*:ax pfoII .. '"'" o-ta.(IJ ....... '11 -----------------------------------. and- ... hereinaft~ called "Grantor(s)," and the CTIY OF ,],ENTON, a Municipal Corporation of King County, Washington, hac\naf\cr called "Gr.lJ\tcc." 1110t said Gnmtor(s). for arid in considcvation of mutual benefits, do by these presents; grant, bargain. sen, convey, and warrants unto the said Grantee, its successors and assigns, an easement (or public utilities (mdudiDg \Yater, wastewater, . aJKi sod3c:e water) with necessary. apporte:DaDces over, uader, through, across and upon the foUowing described property (t'hc' right-o~way) in King County, Washington. mon:: particularly descnbed as follows: S,ae attadted lItXlnBlT A for legal dcsc:ription . --- for the purpose of cOnstructing. rec:onstnJding. iuSta1tio& repairing. replacing. eoiarging, opaating and maintaining utiliries ~~ ublity pipelines, including, but not limired to, water, sewer and storm drainngs:: linJ:s, t~ with the right of ingress and egress thereto wilhoot prior institution of any suit Qr proceedings oflaw and without iDcuniog any legal obligation or liability therefor. FoUowiog du: iojtial construction of its filciJities. Gr.mtee may from tinie to time construct"such additional facilities as it may require. This easement is grauted subject to the {cUowing tenns and conditions: \. The Grantee shaIJ, upon completion offUlY work widlin the property covered by the eascmeot, restore the surface of the casement, and an y private improvements disturbed or destroyed during execution of the wo~ as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retairi the right to use the surfnee of the easement as long as such usc docs not interfere with Ute casement rights granted to the GrarJtee. Grantor shaH not, however, haw the right to: 11. Erect or maintain My buildings or structures within tJtC casement; or b. Pf:mc trees, shrubs or vcget8tion !tavinS deep root patterns which may atuSC damage to or interfere with tJle ~tilitics to be placed willlin the casement by the Grantte; or . • c. Develop, 'ands~ or beautify the cascntent arcn in 31ly .. W3y which would unreasonably increase the costs to the Grantcc of restoriD8 the easem~t area and any private improvements ~c[cin. d. lDig, tunnel or perform other forms ofconstruc:.tion activities on the property which would disturb the C'Ompnction 'or unearth GnUltce'S facUities on the right-of~\vay, or endanger the laternl support facilities. - e. Blas't. within fi.fkcn (lS) feet of the righ~~f~wny. This easement shall run with the land described herein, and shall bo binding upon the parties, their heirs, SUcCcssors in- interest and assigns. GrantofS oovenant that they arc tJle lawud oWners ofthc above properties and tlmt they 118ve a good and lawful right to execute this agreement ooc:uwawr rollN AI'I'IlGVm In' _ r;!Y ATTClRNI!T RiPr.14. IWI DlmAL ] , -""--"-~-----------------:------::-------I ,.,...-...., . ~: .... . : r" ,~--~ ',~, ". CAUFORNIA AU...pUR~ ACKNOW1.EDGMfENT • STATE OF CAUFCANIA "ootM1YOF , I'B~le;r . Oft 2Y1pm/l:{ ~/9;lf ~ benme0G:tu~Ll.)I~ -------------------------~--------~--~------------------------,~~ , ~~tL/j~JlI1.ml . .., "'1iIIIV 1IncNIn to me (or prcMJd 10 me on !tie IIJalSIs 011 sallstadCfy evIdonce) to !be the ~ wIIuG ~) w,Ie aaDscIibadllIo iha, ~ InstJrumer1t and actcnowf8dgad to rna that ~J"v ~ IIha 8IU\II8 en .~ &Uhorizud~. and that by ~ ~ an the ImdrumanII the pceu~ or the en1t1y upon behalf 011 which the ~ oded, asteCUted the 1nuIrumerd, , - , ; : ....................• o~ ............ ., : ,,"'-' OENISE DAL.~' !,' SHAMS ; ..... I .. t I.U L .;. COW.t :J)B7~04 )0 CI.I f ;,.' NOTAR'( """: ," .r:: '~"'''''n' In ct. . .. " "'-. 'J'''',., "' • Losn!,:.·~j,',-:-... ~Ij'of'y ... : iYyConlllt ~t1,i,~,,·.!~, lit, f!'!l7 : •........................ .-........... " ~. '. ,~--'. IE!sement Areui • Exhibit A Legal Descrlption That..portion of the belolN' described lParcel defined as . follows: The West 15.00 feet of the North 18.00 feet thereof. .•. -hrut Desqjptign; .~ Projcd: ____ _' ft&~ __________ --~ ~_. __________ J STR: ____ ----' SbI:d ~ ___ -' Tho Sout~ half of the Northwest quarter of the Southwest quarter of fieetion 29, Township 23 North, Ran51e 5 EAst. tv.M., in Ri.ng County. t"9shtngton~ ·EXCEPT the North 330 feet ~ ANn EXCE~T the East 660 feet ther~of. lJIiIililS IiamImI Sheet J "C4 Corp«alc Form f. ~ .. ,: i· " ~ ~ ~" ... " , .. ... I· , ! 0)0- -.. Map Exhibit Legal Description I /, .. . .J r18•00· t7 . J.'.L " l'nIjec:1: ------' ~~------------~ ~---------~ ~ ------------~~~-------~ Lat 3 j~b-' J-'---1S';'"PERM. EASEMeNT-----~· ----.. ---" .. L'''~ ~~ ~~ -~j ,T ' . , Lot 2 ... " ... :: I!!! ~- r j .-' ... ~t ! ~ ~ ~_' _~_. ____ ...:_..:.::.._=..;;..._:_..-.. .•... !!.H:E:. ______ G_Sj_?_~'j ,I ~!\ _,., ; N r, ... IJ !. " % .... , , IJli\i!jcs ~I S!letl 4 0(4 ~31l:Fcrm Lot I • NTS ':) y. , ", ~., ') L. ~ --_ .. - I r, }~" f: I', t " , ' !.' " -~~ .. -... .. '-' . ,~ ~CADI SBWBR DISTRICT ~3/04/0e REeD F iOS03 !ii lQ.OO lIRa eoUITY. WASHINGTON CASHSL ......... 10.00 22 RESOLUTIDR NO. 1838 A BBSOLUTION of the Board of Commie.ionor. of CODoede Sewer Distriot. K1n,County •. Washinlton. Gstabl10hinB an annexation connection charBe for the are. commonly known 48 AftnOXAtlon P2281. . WHBIBAS. tho District has her.toform detormtned that the COlt inoUn'ld 1n liDDeninll certain UG40 should not be' ab!lor~ • .t}by 811 tbe uaer.· in the district; and WHBaBAs. the coot attributable to anaeaotioD direotly benefit" tba specific a~o. onnoued; and WRIUiBAS. that certain area ccnllllmiY. lUl~ ~'~t'1~~':~22~~' . hoa he.retolor. been aruuuuad at 4 coat to tho DiStrict of $1.l,.44. 82 ,;··laIlci . WlIIUlIAS. the Diotrict I 8 Bngineer haa computed the .~~a. of· ~t. •. ' .. , 1 • land.to be benefited by said annexatioDI and WIIIUA8. a proportionate cU.atribution of the .,cotaloouof '" . , o~~d ~t1oarli!lquirel 111 connection charle 1a th08umOf •. ooi6U3.~· .. per 8q~. foot or the sum of $70.45 per acre. NOW. _WORE. DB IT USOLVED by tho Boord of ~.II~O~",~:-: , . .' .::.:,' .,' .'":\':' of Caoca~ saver District. 80 folloV8: . ': . ',' " .. SgstION 1: In addition to all otbar charS884 tbera' 1s ·f .. , .J.::'.;: .. : .... : ~oed aa and for aD ~enatioD cOM80tion chari' to ~hot a1:'l4' c~.;i~. . ..", . "~"} ','" ::. '.' ~ as AIuleution P22811 the sum of $.0016173 pn IDqua~o fOQC o~ $70.45 per acre. SBCTIOU 2: The aroa 1:0 whioh thh charI' llhall appl],l' 11 delcdbed i.n bhibit "A" hereto. which 18 incorpo'uted herain by tb~I1I, reference. SECTION 3: The District Managor io directad to impOIO and colloct said annexation chargo prior to allowlnl a ... r COMectiGnI ~ said area. RBSOLUTION NO. 1838 SUBJECT! BstabliahiD8 Annexation C04~~~tlon Charge P228R PAOB OHI or TWO ' ...... '-'" , -'. . "-.' ~ ADOPTED uy thl Boord of Comm1 •• 1onars of CODeade S ... r '~.'. .. :t' . / D1atr1et. King County, Waoh1ngton. At • romu1ar open public mloting theroof on tho 17th day of K&reh, 1983. . . ,.'. J : .. ' ,', .. '::,.. .. ",,; .. :, ;:.~.',; .' ji~, i: .1:1;;::,,~~~~.: *il.:.~;: l'bIIN l'AV¢( .• ,,~¥:~~'i:., ;:.;. ,.1~.Jj,~: .. ;i~d·.i1»· ".:. ' . ~ " . " .. ~: : ...... • .' -,' . '. " ~ ! ", ', .. ~ :.; .: ...... .... i',' t ." ~. .:1 .. ... ). ····,.,i;;~ t·.~~t:\~~~ :-.' . ,"".: :'". ';.:./ ;;;;;~d~~\~:~~~;;~~,:'. .;"".:;,i, ~ i'~;> ;;~:":;~~i)::~;'~{~'C ,;.'~" .• ,.t~." •••••. '.,.'; ... ' ~ .' . ,; . .. ' . . . .. ",.. ::~ '.~ .. ' '.", ., . :"" ,~~'-:~.~, ':;:~;I.kp:/· . ,~ '. ' ;~-;, ". "'. ~' .' l' . ':~··:·';····~:~:~'A~?:·. " :.' :.".~;i~ff~ I180LUfl0H 10. 18S8 SUlJlCT: BitAbl1sh1nD Ann'RAtton Conn8ct1on Chara-'228.' ..... PMR. '1'IJ(I, "'" no " 'O', . ... " " .. ;' .. ~:: .... ~, EXHIBIT lOA'· .' ... '. CASCADB SBWml DII'1'lUCT ~[: SU2G All: 25 KING comrn, USHINCW'OI RlSOLU'l'IOH NO. 1310 A I8S0LUTIOH of the Board of COmmie,ion.ra of Cmlcade ''''1' Dilt.z'iot, lt1n9 COunty, Wuh:LngtOD, makin, e flndine taat ~. Aftn ... t1on of ~ .. to the Distriot i. horeby r •• tf1~d pureu.n' to aat.lon by the BOundary Rev1G" BoaI'd for lI1ne County I WAshin,ton. '1'h:Lo nafUraauon of anneaAtlon ,al'tainl to Anneuat:Lon '-230 Ra. auaaaas, on rmbl'uary 15, 1978 the CGam11~Acaa,. of c..oade 8eWG1r Dietdat anuud o.na!ft 81',a OOIaOftll' nf~nd to .. ABM •• tiQBI '''UID. and TIJIIR&U, lPunuant to Itatutory requ:Lzr_nt. CUa_ diJeVal' D1lfJUiat IIlWlllitte4 a petition to the 8cMJnduy laViw aOud IN IUaIt CDwtfIV, UubJ.aletcm Neld ... , '"I'ovlll of luab IIDn •• ~tiCD ~f ana to CUe tIRe" DilJUiatu IIIIUI 1II1rJIIAI, .at" .. ~ Di.Uiot bae noeived uafti.Uaet;1_ tJU, .. ' ;, _ IJoWUIlaIY 1aVt.., moaN hal approved llluoft /IAM:OOJauon _ tb8 ClZlDlACilDi _ that Gllah Ana i. benbY MMAd b1' euab '-"P.:oval. . 1 _, llDUOID, /IIi ,t &iOLVD _ .... IOU. 0' ~ .. iaan: 0' au ..... r Da.lidat, unG CoUftty, .aa1Wtu~, U '01""0 !I!ll!OM 1. 'haCcatililicman do 'oll'Mlll' adopt Ud .... ,ari 01 thAI ,.lolut10n tha ".olutlan heretofore ada,ca.'bV c.aaade SlWor DAIV&a., "lolut10n 10. OtO end do 'onal1r .... 'Ua tbe auaer' 'ion 0' 11Gb Ire. to ,he dLltt10t pur.oant to the mpp~al of ~ tiq CO." IaUDda." I!Qev£,_ 101&'4, "nd tine COuntr CcnIDDU. '.IfiUfI!II a. 'hIS the D£..tda~'. A'tonq 1111 U&'IC1t84 co UIIUIIIU. ~1. 1r •• olY'1on to 'hi KinO COun", ID\mduy ..,,1_ DOaN M '.".11" .1n8U.I tM proaeduul &'equ£., .... '" PUlau' • luob uPUau1on. MOHID by tM IlIDIl'd of Ccail.ionen olf CUaaa. ""Ir DimtlrlO' tbl. and d." 0' ~qlu, 1"0. .. '---' ~ASCADE SEWER DISTRICT KINC COUtITY. WASHINGTON R£SOLJTION NO. 1053 A RESOLUTION of tho Board of C~mmiaaionerQ of Cascade Sewer Di8~r1c~. KinB Co~nty. Washln8~on. amend in" the lagal dosoription attached to ae.olution No. 990. WHEREAS. the d1atrict hal heretofore approvsd by ao.ol~t1on No. 990 tho onn~.tion of an aria cammonly rlferrad to 01 Ann~uat1on P-228RA, and WHEREAS. in,the typing of the legal doscription for laio annexation. 8 ,typographical error did occ~, end WHlRiAS, it was tha intent of tha c~.11OQor ••• evidonced by the map. and the d18c~a.1on. ond cha l .. al, prea.ntad at che annexation hearina thaC, tha boUftdaf1og of IOU AIUla.ltion P-2280 would b. a. lat fOl'ch lA kbtb1t "A" bfhLeh 1. attached banco ond by thiD rehnnce ucAe IA puc hareofj and WHIIIAS, it 1. nace.mar, end proper CD lorreat matd, . tYPDlflph1Cll erfor. NOW, TK£UFORE, BE IT llESOL','1D by thl Board of ' , ComI11110nlrl,of Calcade Saver D1at~1cc, II fol1ou91 SECTION 11 a..ol~tion No. 990 dOl. coDCatD • typoaraphioal Irror. SECTION 21 the 11,al da.c~~Ptian of ~uacl0ft .-zaama AI maC forth 1ft 1Kh1bit IIA" Actach.ad co R.llolutuD .0. ttO, abwld be chanalBd co ra.d as ast forch in Bxh1blt "A", ""lob 11 Atcacb,d' h.rlco thereby corrlcting chi typo~r.phlcal error cberlin. SleTtA! 31 The di.,rlet &taff iahGrlby dirlQced co &,,&oh bhlbi.c ",." I which 10 .t CAched hento. ae ehe Gorrlet llGal d.,crlpt1on for AnnaKation '-Z28aR AO mdopted and .pprov.d in '.Iolution No. 990. IlSOLUTJON NO. 1053 SUBJECT I I "'~"~ " ,t-' -ACOPT&D ~y th~ Boara of CommiBlioners of Caeoide SGwar District, K1na County, Waahin~ton, at a relular open p~bltc m08t1nn thormof on IJUaJBCtl corr.etlnt c1~ORraph1c.l ~1~or of ef41 d08C~1pc1on for AnneNlt on '-22.RA ./ C tltllll.;l'f "I," ~/.. ANNEXATION PCTITJON N228ilft ...... "fha SOYLh hAl f 01 tho Souch hnU 01 the NOrLhooac ,,"lIrtor of th" Southoou quoreur of SCl~t'on 30. l'owllI6h1p 2) l'ionh. Rlne" ~ tall'. LI.tl. l)'!nR £a.tllr1~ 0' ·,ha Wuoccafh Nrnu. of 96th Avonyo South (Sprlnabraok eoMAt" .... d. Of 1a1boc "Ad), MID ALGO Tho Souch hAlt 01 th" NOrchwolt quartor of the lIouthwlllot quarter, usa ,lao :lorcla llO COlt; AND un cho Itilie 660 lo.t tboro~' .1.n 8o~Uon 29. S 'lOWlI"'P a, Ionb" Rans.) ~SC. W.H.; I AND AI.SO Lot "I." of Shore Plllt No. 275022 rocordod "nd"r Kine County Auditou Fib , tJo. 1)O~UjO\28; SAid ahort plAC-1108 in clll~ 'Northweac "yOrnf of eho r3 Soblthwoae qY41rcor of S.cUon 29, Townahlp 23 Dionh. Danae ~ lome, W.H.I ArID ALSO TM Soucb 130 lou of tho EaIC 160 tooe of tho South half of tb. Nonh",." ,quan.r 01 tbe'Sau,IUld8' quareer of S.cUon 2t, Towolhip U KIn", Ill .... $ lIMe. V.M.I ' ALL m'CYAtM ill "'na Cou .. c" tllalh.1.naton. , 1, __ ' .... OHNmr....II:'a:.wlf.lliol;, ______ , Seentuy of tha IICUd of ~ of CASICN3 .. ~, ~ ClO\mCy, ~, hc'l*.f c:lC't.ir.y' that thai attlCMd «JfIi of RUOlyt1oft ltD. = 'on 18 I tz\&a Md cmnat of W Ql"1GWl. ruol.u~cn _ted em eM Utb day of May , 19-7.1., u aUcS ~ IBIIPMh Oft the tiimlta DoaIr of to'" MacriGe. ~ th1a 00-of .... 'il ».a.... I .... ,. ~'.,.. CASCADE SEWER DISTRICT I, ____ PA_T_R_IC_K_J_, _B_RA_Z_I_L ______ , Secretary of the Board of Commissioners of Cascade Sewer District, King County, Washinqton, hereby aertify that the atta~hed copy of Resolution No. ]838 is a true ad correct copy of the original reoolution adopted on the 17th day of __ MA_R_C_H ____ , 19.!:.., DATED thb __ 1.:.,::8:.::th:!.-__ day of __ MA;.;;.-.R.;.;CH _______ , 19~. ~.( Secretary of the Boa~ Commissioners Cascade Sewer District " "\ " """~"".;" : ... :.~~}~" r •• , ., CtlnlnCAr€" !iI:J.JI/~lf E· M D"Z'~ C.:!.:~, , . • "J vi ".;, .' ·,~ .... :::c:cn. certily thot thii IS 8 trllo Jnd carrect co~y rl "Q.f!:..Q.(.~.fJhJ.<.'f. ... M.Q .... :;.19::o Subscribe:! and Sealed thIS ~l~ day of :lAT.i1i[wll"I8,JI.7. Cin Of ORDINANCE NO, .l1..!2.-,. . *'. , AN ORDINANCE OF THE CTTY Of RENTON. WASHINGTO~~;" <~ ESTAeLISHING A SPECIAL ASSESSMENT DISTRICT FOR I ~;; ~I". ,'" WATER SERVICE IN THE SOUTH TALBOT HILL-VALLEY ~ .. '.' ::: GENERAL HOSPITAL AREA AND ESTABLISHINCf.4l'R& ,C,'. AMOUNT OF THE CHARGE UPON CONNE\,;TION TO "\'HE F FACILITIES, ,:I"'·":L ! .... to •• CII.I THE CITY r.OUNCIL OF THE CITY OF Rt:NTOtl, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1: There is hereby crectod a water service Rpecial assessment district for the South Talbot Hill-Valley General Hospital area, which area is more particularly deecrihed as follows: See Exhibit "A" altached hereto and made a part hereof as if fully set forth herein. A map of the benefited area is attached hereto as Exhibit "8" and made a part hereof as if fully sct forth herein, SECTION II: Persons connecting to the water faoilitieo in thie Special Assessment District which propertiee have not been charged or aeseesed with the coet of s trunk water main ahal! ' pay 1n addition to the payment of the connection permit fee and in additiou to the general facility and trunk conrection charge, the following additional fees: nased on a net general benefit ares of 345 scree anc:l;: :1I?I11 " 1111:,: II/;' a epecial benefit area of 155 acres, the following . . chargas result: .. ~ LS I:~!J ~H '8 Development with 1.500 Area Charge Frontage Charge -gpm fire flow or lees: o $0.034 per square foot -$16.00 per front foot ".:1·10 If nED fOR RECORD AT am Of _If 1'1 an UK -~. lILII'iLlILIIL 1.-• • tr-e ---,-_. _ ..... - -1- --.. ""-.. -6 _ .. lit:...; " ... , 1-" I., .. 0. ... I E D Developments with greater than l,500-gpm fire flow: Area Chat'se $0.048 per '1'luare foot Frontage Charge $18.00 per front foot LID's 324 and No. 325, although exempt from the front footage charge, thould still be subject to the applicable area charge. SECTION III: This Ordinance is effective upon its passa~e, approval and thirty (30) days after publication. PASSED BY TIlE CITY COUNCIl. this 6th day of ~ebruary,1984. APPROVED BY THE MAYOR th is 6ti. day of f'ebrua~,1984. Approved as to form: La~Q~Attorney Date of Publication: February 10, 1984 -2- .---------1 • r 1"IBIl . A" All th.t oorttan 01 ~dCtlon 29, Ib .nd JI In lown,hlp 23 horth, R.nqf! • EHI, ".H .. Klnq County, lI",hl.~to., a05Crlbed U 1011_: Beglnn'lI9 at till loutMB carner of Seclton 29, lI.n. 2~N., Rg. ~L, 'rI.".; thene. '.lIorl1 .Iong tho .outh lin. tho-eof I dlu.nce .. f ~80 feet Il10,. or leu 10 lhe I.". Polnr of Begtnnlng ; tRence N O'2A'J(j" E 4 aUUnco of )29 (.et !lUl'. or leu' thonco H B1'08'32' [ d dlu.ncb cf 80 (eet more or len· .. o 4 It"" ~1r4llel .Ilh .nd 660 foel euterly, 41 lIIIuurea dl right .nglo frOlll the _n Itno of utd Soctlon 29; thence northorly ,'ong utd II<Ir.Il.1 lino ta the ,auth line of lot ), ling CDunty S~ort·Pht , A5nO~ rlltordlld under AF, J9021111073~, t:Jerlco .eU~rly olemo the south Itne of IOld Lot 3 10 the ,outn...51 corn or thereof, thence nortlllrly .10119 tho WIlli line 0' uld Lot 3 to tho nort"""" co.ner thereof; tnt.ce uuterl, .Iong the north Hne o( uta Lot 3 10. ",,,,,'plrellel with and 660 'eel ellterl, II IIIIlSured ot right .nglo fMllll the •• elt l1ne of $Old Sectton 29, thonCl northerly IIL~g utd ll<lre1l01 It no to the louth l1ne of the pI It at VIctoria p.n I/o, l II recorded In Vol .. 8~ of PI.U, P.gt, 43 Ind 4<1, record, of Ktng County, W",hlngten, the IOUth line of IIld pill being 11'0 tho north line of tho Sout""U qUirtor of Uld Section 29; thence •• tor",'ong the nDrth line of uld \ubdlvllion Ind tontt,lulng •• terly 'Iong tl!a north 1100 of tllD Southeou qu.rlfr of settlan 30, rlOll, 23M, AO, 5["I/,M .. to .n Intenectton with tho ,"terl, rtght·or· .. , urotn of lalbot' Road South (Sprl ~ObrQQk AUldl; thence nortllarl, 110110 uta .,"erly rt!]/lt·of· ... y IIIrgln to In Intersection "tth tllD outerl, production of tho north Itn. 0' the Soutlllle.t q.llrto, of the Harthellt qutrte, or IIld Soc:tlon JOi thonc;, ... nerly Ilong the north line o( 5.ld ,ulldtvhlon Dnd Itl euterly prOduction to an Inte""tlon wtth • line th.t It ... concuntrle .Ith 100 340 fOftt more Dr Ion l"torl'l" IlIIIlIured fldl.lly '!'GIl, the outerl, rteht-o ..... , IIOrgln of tho Valley Fr_a, S,A. la71! thence IOUthorl, a ono IIfd concOfttrt" llno to .• n Intenectlon wUII tho north 11 .. ", Lot 4 of the plat of Manco Addition .. rocordld In VOl .. 68 ot PIOII, JIIIlII 21, nlcord. of ltll9 Count,. 1II1111ngton, thence .... terl, llano the north line uf iIIld Lt '. 4 to !.he IIOlt northloeUerly corROr !.hereof; thenco 'Olithcrl, .Iong the DOU "'''erly line or Nance Addition te (he IlIOU lOuth· •• terl, corner of uld plat, thonco .'terl, alon~ the toCIlterly produ:tfon of the lOuth line of uld Nanel Addition, .. hlch IOUth Itoo II Ilso tlla north 11 .. of the Ent Valloy IIIIdlttl Plrk ShOrt·Plat II recordld In llno CDu.t, lII0d0r AFI J608'51009 (SP-llJ·nl to the nortlMtll corROr thenoh thenco ,outherl, olona thO wit 11l1li of uld Short·Pllt to the IOUthllelt corner thereof; thenco .. ltorly lImo I Itne plrillel "tth .nd 250 reet IIIOre or len no,tllerly of, II ."urod II rlUht Inglo #I'llii, tllD 'Outh I\ne of Illd Sectton JO, to an Intersection with tho OUterl1 right.of .... , IUrOln of the Vllley ,_, (SA·ln); tllDnce IOUtllorly along IIld olltorly rlght-of'1III1 IUrgln to .n Interltctlon .. t· .. the WIIHarly Itne of the Southoast quarter of lild Settlon 31, TIIII. 23ft, Ag, 5£. 11.11. i thence Itlllthorll' alono tn. Wlllterly line of Uld lubdlvlslon te In tntersectlon wltll till Itlllthorly line of uld Soc:tlon 3h tlltllce luterly 11r.ng Uld lOuthorly Itne of Section 31 to tile louthent corner thel'llofl tIIenco northOrly along the outerly line of $lId Section 31, Nh!ch outerly line Is Ilso till lIO'terlv line of Sectton 32, TIIIIl, 23n, Ag, 5[, II.M" to tho loutll 1100 of tho Horthwllit qUlrter of tho IIortlMlt qUlrter of IIld Section 321 tlllnco "Iterly alGll9 till souell line of IIld wbdhhton I dlltanco of 660 foet, IIlOra or 1 ... ; thence northerly on a IIna plrallel wtt~ and 660 feel ollterl" n _lured at rlQht .nolo fl'Oll, tile we.t line of Section 32, to. point on the north Hno at utd sectIon 32, uld point IIIIn9 660 foet outorly of tho r.orth ... " cor .. r of uld Section 321 thence Nllterl, .Iang tile north Itno of .. Ia sect:on J2 .hlch north line fl .ho the IOUtII line of 10 I.' Settlon 29, to I point 580 feet 1001'11 or len easterly ilf till ,authllalt comor of IIld section 29 and tho True Point of 8o,;lnnlno. o· .-._ i - Filed tor Record at the request 01 SOOS CREEK WATER AND SEWER DISTRICT 14616 SE 192nd St POBox 58039 Renton, Washmgton 98058-1039 Document TllIe(s) SEWER SPECIAL CONNECTION CHARGE #199 Retelence Numbel(s) ot Documents Jsslgned or released N/A AdditIOnal reference numbers on page _ of document(s) Grantor(s) N/A Additional names on page _ of document Grantee(s)· SOOS CREEK WATER AND SEWER DISTRICT Addltlonal names on page _ ot document Legal DescnpLJon See Exhibit "A" Addltlonal legal IS on page _ of document Assessor's Property Tax Parcel/Account Number(s) See ExhIbIt "8" .... - -.:. ::j ,,, SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY, WASHINGTON RESOLUTION NO. 1889-S A RESOLUTION of the Board of Commissioners of Soos Creek Water and Sewer Dlst~ KIng County. Washington, establishing Speaal Connection Charge #199 due Soos Creek Water and Sewer Dlstnct for the Talbot Hili Trunk Project \M11IEREAS, sewer mains and .faclhbes have heretofore been Installed as part of the project commonly known as the Talbot Hili Trunk Project, and WHEREAS, said sewer facilities will provIde benefits and sell'VlCes to the properties descnbed In exhibit "AM attached hereto, Which IS made a part hereof by thiS reference thereto, and WHIEAEAS, It IS the poilCY of Soos Creak Water and sewer DlStnct to require reimbursement for any facilities bulla by the OJstnct and/or Iby an ,ndiVidual when said lones provide benefit and! servlCD to other properties, and WHEREAS, the Dlstnct engineer has delemllned the properties benefitted end computed the value of said benefit as applied to said properties, and WHEREAS, the Board of CommISSioners finds said benefits and the cost thereof to be reasonabte, and the Speasl Connection Charge Rate based thEnUpon to be a fair· allocation of such benefits and costs, NOW, THEREFORE. !BE IT RESOLVED by the Board of CommIssioners of Soos Creek Water and Sewer Dlstnct as follows SECll0N 1: That Sewer SpeCIal ConnectIon Charge No 199 IS hereby established for Ihe properties and In the amounts shown In 8mlblt "A', which IS Incorporated herein by thIS reference Said rate does not Include cost of coMectlng, stub service, permits or Inspections, general faclhtles RESOLUTION NO. 1689-8 SUBJECT: Establishing Sewer SpeCla' Connection Charge #199 Due SCWSD Partalnlng to the Talbot Hili Project PAGE -1 charges, or other latecomers that may be due on the propertJes SECTION 2. That no service shall be provided to any of the property descnbed In Exhibit "A" prior to payment to the D/stnct of the above established charges for all property held by the applicant which hes within the area descnbed In exhibit IIA" SECTlIOIN 3: That 8 Nobce of the adopbon of thIS Resolution as Special Connection Charge shall be recorded WIth the King County DIvISion of Records and Elections ADOPTED by the Board of Commissioners of Soos Creek Water and Sewer Dlstnct. King RESOLUTION NO. 1889-5 SUBJECT: Establishing Sewer SpeCIal ConnectIOn Charge #199 Due SCWSD Pertaining to the Talbot HIli Project PAGE - 2 EXHIBIT "A" SOOS CREEK WATER & SEWER DISTRICT SewER SPECIAL CONNECTJON CHARGE NO. 199 CONTRACT NO 1-968 ·Talbot HIU Trunk Base Maps C-l & 2 fABCEL"A" Lots 1 at1d 2 of KIng Coonty Short Plat No 11 n127 recorded under Audrtor's File No 7803311125, said Short PIal being a portion of the Southeast quarter of Section 30, Township 23 North, Range 5 East, W M , In KIng County, Wastunglon LESS the North 30 feet 01 the West 170 leet of said Lot 2 PARCEL "B" The Wesl170 .eet ot the followJng descnbed parcel That poman of the South haft of the South half of the Soulh half of the Nortneast quarter 01 the Soulheast quarter at Section 3D, Township 23 North. Range 5 East. W M , KIng County, Washington, lying Easl of the Kent-Renton Road, LESS Ihe Northerly 17 .eet as measured along said road of the West 170 .eet as measured along Ihe North hne PARCEL "c" The Souttl150 la8\ of the following dascnbed parcel That portion 01 the East half 01 the Norlh halt of the South hall 01 the NoM half ot the Southeast quarter of Sec\1on 30, Township 23 NoM. Range 5 East. W M • King County, Washington, lYing East of 96th Avenue Soulh, LESS the North '00 feet LESS Iilat portion West of a line It1Bt IS 435 lee I Easl of 100 Intersection ot the Easterly . line 01 s8Id road WIth a Ime 30 leet North 01 the South boa at sald subdlV1Slon P,ABCeL"g" The South 270 leet of the West 550 feet. LESS the East 90 leet 01 the North 50 feet at SBld South 270 leel 01 the West 5tO feet at Ihe follOWing descnbed parcel The North 330 feet 01 the Soultl hall 01 the Northwest quarter of the Southwest quarter of Section 29. Townstup 23 North, Range 5 East. W M • King Courtly. Washmgton, LESS the East 660 feet PABceL "E" The North 150 feet 01 the West 150 leel of the follOWing dsscnbed parcel The South half of ltIe Northwest quarter 01 the Soulhwest quarter of Secllon 29. Township 23 North. Range 5 East, W M , King County. Washington. LESS the North 330 le91. LESS the East 660 feet Special Connecdon Charge $ 74.85 per Front Foot Sewer Stub Set'V/C8 $10000 per Stub Servace - -- Parcel No. 292305-9040 292305-9123 302305·9021 302305·9022 302305-9041 302305·9071 302305-9108 EXHIBIT "B" SOOS CREEK WATER & SEWER D8STR~CT SEWER SPECIAL CONNECTION CHARGE NO. 199 CONTRACT NO. 1-968 -Talbot Hili Trunk Base Maps C-1 & 2 Special Connection Charge Tabulation Front Footage Spcl. Conn. Charge Sewer Stub Service ($ 74 85/FF) 1020' $ 76,347 00 $0.00 150' $ 11 22750 $000 149' $ 11 15265 $000 218' $1631730 $000 153' $ 11 45205 $ 100.00 195' $14 59S 75 $000 675' $ 50.52375 $000 F 104\004\03\sCC199tb • 09130197 ~'-l "l- PORTION LE6A1. D£SCRIPTIOH ntI. 1OIC7f11 $ fiaI IJ# lW SJI:Plif IIAlI ., RC ~ CiIfIICTU IVrw~~DI'~If. ~alllt/llfTli. ~ SMY ...••. &can IN4 U~T 610 ~ DIEAEO' f~ MSC",'TI(}IiII G ,.,.. SDlTlITtJIItT III/'M:1fAII/Tr ~ Negl!llUJtDf/C'lltl6 CI'.JUIIITI'~""/~ RECORD OF OF THE NWV4SWl14 OF KINe !2!l! SECTiOft COUNTY, SURVEY 29 , TWP. 23 N •• WASHINGTON " .a:o.art'~ ~1tMI1S FIIII»I DEI!' .... r '" .~A. /)/rlMlfJN ,- AI RL/!l) l1li ~ ,., '" ~. II:IIIIS ., 11IIifIl:::I#tt ,J. IIIILLVSI"~. ~ .., eu_1IUL ~ D'~ 1»lJIfiI'1Y. ~/~tiT""'. ~ 4U. Tl£~ AIlE SICJWII AI $1" e Q!'" I'CJIVtTT lIND R6~_ 5 E .. VUiI. ,s..,---CAL~ 'FI' a:MNt!1r /j : I ~ . D ~) fbbJlO1tJ09 '1 r'" .rn-~"''''tI-''''lli/'-::f,..:::::-:::::::r _Ii / ~ /1lJlIiItD.S/IIUiAU MUS &a' '. 7 /' ED.., Jl71#',.,MUItZ I .:.~ ;j 0 /7;;r l". '. '\:...;;~ ~' ~ '. J~" i~ f . l:' [ ~ . ::"-.::::1..-~~' "",.·sr~ a5D·~· (4: • . l ~4D /IT QtSTT) -•• /If Un-" ... 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CHERIE LANE FINAL PLAT 03090 Plat Map Checks 3/14/2005 SJS Core Design, Inc. 14711 NE 29 th Place Suite 101 Bellevue, W A 98007 OEVELOPME CITY OF~~~~N/NG JUN 102005 RECEIVED • Lot Report 63/11/2005 15:27 CRD File> P:\2003\03090\Carlson\03090.crd LOT SUB 1 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3 10145.93 12641.08 0.00 S 86°50'15" W 1322.55 9 10072.96 11320.54 1322.55 S 86°50'15" W 1322.55 1 10000.00 10000.00 2645.11 N 01°52'36" E 1330.71 8 11329.99 10043.58 3975.82 N 01°52'36" E 334.83 4517 11664.64 10054.54 4310.65 N 01°52'36" E 330.52 10000 11994.99 10065.37 4641.17 N 01°52'36" E 665.35 4 12659.98 10087.16 5306.52 N 89°16'32" E 1315.34 7 12676.61 11402.39 6621.86 N 89°16'32" E 1315.34 5 12693.24 12717.62 7937.20 S 01°43'16" W 1274.23 6 11419.58 12679.35 9211.43 S 01°43'16" W 1274.23 3 10145.93 12641.08 10485.67 Closure Error Distance> 0.0151 Error Bearing> S 55°23'07" W Closure Precision> 1 in 694127.7 Total Distance> 10485.67 LOT AREA: 6855302 SQ FT OR 157.3761 ACRES Lot Report 03/11/2005 15 :29 CRD File> P:\2003\03090\Carlson\03090.crd LOT SUB 2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 6 11419.58 12679.35 0.00 S 88°03'11" W 1318.65 10 11374.79 11361.47 1318.65 N 01°48'02" E 651. 23 10001 12025.70 11381.93 1969.88 N 01°48'02" E 651.23 7 12676.61 11402.39 2621.12 N 89°16'32" E 1315.34 5 12693.24 12717.62 3936.46 S 01°43'16" W 1274.23 6 11419.58 12679.35 5210.69 Closure Error Distance> 0.0075 Error Bearing> N 07°06'57" E Closure Precision> 1 in 691861.6 Total Distance> 5210.69 LOT AREA: 1694174 SQ FT OR 38.8929 ACRES LOT SUB 3 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3 10145.93 12641.08 0.00 S 86°50'15" W 1322.55 9 10072.96 11320.54 1322.55 N 01°48'02" E 1302.47 10 11374.79 11361.47 2625.02 N 88°03'11" E 1318.65 6 11419.58 12679.35 3943.67 S 01°43'16" W 1274.23 3 10145.93 12641.08 5217.91 Closure Error Distance> 0.0111 Error Bearing> S 33°54'28" W Closure Precision> 1 in 471110.1 Total Distance> 5217.91 LOT AREA: 1696476 SQ FT OR 38.9457 ACRES Lot Report 03/11/2005 15:36 CRD File> P:\2003\03090\Carlson\03090.crd LOT SUB 4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 9 10072.96 11320.54 0.00 S 86°50'15" W 1322.55 1 10000.00 10000.00 1322.55 N 01°52'36" E 1330.71 8 11329.99 10043.58 2653.26 N 88°03'11" E 657.23 501 11352.32 10700.43 3310.49 N 88°03'11" E 661. 42 10 11374.79 11361.47 3971.91 S 01°48'02" W 1302.47 9 10072.96 11320.54 5274.38 Closure Error Distance> 0.0071 Error Bearing> S 24°59'29" E Closure Precision> 1 in 743880.5 Total Distance> 5274.38 LOT AREA: 1733477 SQ FT OR 39.7952 ACRES Lot Report 03/11/2005 15:37 CRD File> P:\2003\03090\Carlson\03090.crd LOT SUB 5 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 10 11374.79 11361.47 0.00 S 88°03'11" W 661.42 501 11352.32 10700.43 661.41 S 88°03'11" W 657.23 8 11329.99 10043.58 1318.65 N 01°52'36" E 334.83 4517 11664.64 10054.54 1653.48 N 01°52'36" E 330.52 10000 11994.99 10065.37 1984.00 N 88°39'49" E 1316.92 10001 12025.70 11381.93 3300.92 S 01°48'02" W 651.23 10 11374.79 11361.47 3952.15 Closure Error Distance> 0.0102 Error Bearing> N 82°36'19" W Closure Precision> 1 in 389104.8 Total Distance> 3952.15 LOT AREA: 865875 SQ FT OR 19.8778 ACRES LOT SUB 6 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 10001 12025.70 11381.93 0.00 S 88°39'49" W 1316.92 10000 11994.99 10065.37 1316.92 N 01°52'36" E 665.35 4 12659.98 10087.16 1982.27 N 89°16'32" E 1315.34 7 12676.61 11402.39 3297.61 S 01°48'02" W 651.23 10001 12025.70 11381.93 3948.84 Closure Error Distance> 0.0017 Error Bearing> S 03°35'50" W Closure Precision> 1 in 2260930.7 Total Distance> 3948.84 LOT AREA: 865300 SQ FT OR 19.8646 ACRES Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT BOUNDARY OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING 501 11352.32 10700.43 S 88°03'11" W 657.23 8 11329.99 10043.58 N 01°52'36" E 334.83 4517 11664.64 10054.54 N 88°39'49" E 656.37 500 11679.95 10710.73 S 01°48'02" W 327.80 501 11352.32 10700.43 Closure Error Distance> 0.0106 Error Bearing> N 36°43'13" W Closure Precision> 1 in 187056.6 Total Distance> 1976.23 LOT AREA: 217203 SQ FT OR 4.9863 ACRES 03/11/2005 15:22 STATION 0.00 657.23 992.07 1648.44 1976.23 LOT CL-1 PNT# BEARING 10059 OF BLOCK 1 DISTANCE NORTHING 11341.00 N 01°56'49" W 56.00 EASTING 10367.54 STATION 0.00 702 11396.97 10365.64 56.00 RADIUS: 55.00 LENGTH: 86.39 CHORD: 77.78 DELTA: 90°00'00" CHORD BRG: N 43°03'11" E PC-R: N 88°03'11" E PT-R: S 01°56'49" E RADIUS POINT: 10048 11398.84,10420.61 TANGENT: 55.00 707 11453.81 10418.74 142.39 N 88°03'11" E 122.35 713 11457.96 10541.02 264.75 RADIUS: 55.00 LENGTH: 88.02 CHORD: 78.92 DELTA: 91°41'35" CHORD BRG: N 42°12'24" E' PC-R: N 01°56'49" W PT-R: S 86°21'36" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 56.65 717 11516.42 10594.04 352.77 N 03°38'24" W 99.91 722 11616.13 10587.70 452.67 RADIUS: 200.00 LENGTH: 19.10 CHORD: 19.10 DELTA: 05°28'22" CHORD BRG: N 00°54'13" W PC-R: N 86°21'36" E PT-R: S 88°10'02" E RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 9.56 724 11635.22 10587.40 471.78 N 01°49'58" E 41.90 10060 11677.11 10588.74 513.68 N 88°39'49" E 21.03 4513 11677.60 10609.76 534.71 N 88°39'49" E 101.00 500 11679.95 10710.73 635.71 S 01°48'02" W 327.80 501 11352.32 10700.43 963.51 S 88°03'11" W 102.08 10038 11348.85 10598.41 1065.59 S 88°03'11" W 50.00 10039 11347.15 10548.44 1115.59 S 88°03'11" W 50.00 10041 11345.45 10498.46 1165.59 S 88°03'11" W 50.00 10044 11343.75 10448.49 1215.59 S 88°03'11" W 60.00 10046 11341. 72 10388.53 1275.59 S 88°03'11" W 21.00 10059 11341.00 10367.54 1296.59 Closure Error Distance> 0.0055 Error Bearing> N 04°04'48" E Closure Precision> 1 in 235106.5 Total Distance> 1296.59 LOT AREA: 62582 SQ FT OR 1.4367 ACRES LOT CL-2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 730 11661.09 10588.23 0.00 S 88°39'49" W 481.46 747 11649.86 10106.90 481.46 S 01°20'11" E 39.00 10005 11610.87 10107.81 520.46 S 30°09'45" E 55.00 10008 11563.32 10135.45 575.46 S 30°09'45" E 29.83 1523 11537.53 10150.43 605.28 S 01°52'36" W 72.87 10007 11464.70 10148.05 678.15 N 88°07'24" W 50.00 10002 11466.34 10098.07 72 8.15 N 88°07'24" W 50.00 10003 11467.98 10048.10 778.15 N 01°52'36" E 144.77 10004 11612.67 10052.84 922.92 N 01°52'36" E 52.00 4517 11664.64 10054.54 974.92 N 88°39'49" E 534.34 10060 11677.11 10588.74 1509.26 S 01°49'58" W 16.02 730 11661.09 10588.23 1525.28 Closure Error Distance> 0.0048 Error Bearing> N 36°12'47" E Closure Precision> 1 in 315645.0 Total Distance> 1525.28 LOT AREA: 23430 SQ FT OR 0.5379 ACRES LOT ROW DED PNT# BEARING 10046 OF BLOCK 1 DISTANCE NORTHING 11341.72 N 01°56'49" W 56.00 EASTING 10388.53 STATION 0.00 10047 11397.68 10386.63 56.00 RADIUS: 34.00 LENGTH: 53.41 CHORD: 48.08 DELTA: 90°00'00" CHORD BRG: N 43°03'11" E PC-R: N 88°03'11" E PT-R: S OP56'49" E RADIUS POINT: 10048 11398.84,10420.61 TANGENT: 34.00 10049 11432.82 10419.45 109.41 N 88°03'11" E 26.00 10045 11433.70 10445.44 135.41 N 88°03'11" E 50.00 10042 11435.40 10495.41 185.41 N 88°03'11" E 46.35 10043 11436.98 10541.73 RADIUS: 76.00 LENGTH: 3.65 CHORD: 3.65 231.76 DELTA: 02°45'00" CHORD BRG: N 86°40'42" E PC-R: N OP56'49" W PT-R: N 04°41'48" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 1.82 10040 11437.19 10545.38 235.41 RADIUS: 76.00 LENGTH: 41.29 CHORD: 40.78 DELTA: 3P07'33" CHORD BRG: N 69°44'25" E PC-R: N 04°41'48" W PT-R: N 35°49'21" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 21.17 10037 11451.31 10583.63 276.70 RADIUS: 76.00 LENGTH: 24.02 CHORD: 23.92 DELTA: 18°06'27" CHORD BRG: N 45°07'25" E PC-R: N 35°49'21" W PT-R: N 53°55'48" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 12.11 10030 11468.19 10600.58 300.71 RADIUS: 76.00 LENGTH: 52.67 CHORD: 51.63 DELTA: 39°42'35" CHORD BRG: N 16°12'54" E PC-R: N 53°55'48" W PT-R: S 86°21'36" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 27.44 10028 11517.76 10615.00 353.39 N 03°38'24" W 55.25 10025 11572.89 10611.49 N 03°38'24" W 44.66 10026 11617.46 10608.66 RADIUS: 179.00 LENGTH: 10.57 CHORD: 10.56 CHORD BRG: N OJ.056'56" W PC-R: N 86°21'36" E PT-R: RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 5.28 10021 11628.02 10608.30 RADIUS: 179.00 LENGTH: 6.53 CHORD: 6.53 CHORD BRG: N 00°47'15" E PC-R: N 89°44'32" E PT-R: RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 3.27 10023 11634.55 10608.39 N 01°49'58" E 43.07 4513 11677.60 10609.76 S 88°39'49" W 555.37 4517 11664.64 10054.54 S OP52'36" W 52.00 408.64 453.30 DELTA: 03°22'56" N 89°44'32" E 463.86 DELTA: 02°05'26" S 88°10'02" E 470.39 513.46 1068.83 10004 11612.67 10052.84 1120.83 RADIUS: 55.00 LENGTH: 81.39 CHORD: 74.16 DELTA: 84°47'03" CHORD BRG: S 40°30'55" E PC-R: S 88°07'24" E PT-R: N 07°05'33" E RADIUS POINT: 1000511610.87,10107.81 TANGENT: 50.21 10006 11556.29 10101.02 1202.22 RADIUS: 55.00 LENGTH: 35.76 CHORD: 35.14 DELTA: 37°15'18" CHORD BRG: N 78°27'54" E PC-R: N 07°05'33" E PT-R: N 30°09'45" W RADIUS POINT: 10005 11610.87,10107.81 TANGENT: 18.54 10008 11563.32 10135.45 1237.98 RADIUS: 55.00 LENGTH: 35.57 CHORD: 34.95 DELTA: 37°03'02" CHORD BRG: N 41°18'44" E PC-R: N 30°09'45" W PT-R: N 67°12'47" W RADIUS POINT: 1000511610.87,10107.81 TANGENT: 18.43 10010 11589.57 10158.52 1273.55 RADIUS: 55.00 LENGTH: 19.72 CHORD: 19.61 DELTA: 20°32'24" CHORD BRG: N 12°31'01" E PC-R: N 67°12'47" W PT-R: N 87°45'11" W RADIUS POINT: 10005 11610.87,10107.81 TANGENT: 9.97 10014 11608.72 10162.77 1293.26 RADIUS: 25.00 LENGTH: 37.71 CHORD: 34.23 DELTA: 86°25'00" CHORD BRG: N 45°27'19" E PC-R: S 87°45'11" E PT-R: S 01°20'11" E RADIUS POINT: 10015 11607.74,10187.75 TANGENT: 23.48 10016 11632.73 10187.17 1330.97 N 88°39'49" E 66.51 10017 11634.28 10253.66 1397.48 N 88°39'49" E 88.76 10018 11636.35 10342.39 1486.24 N 88°39'49" E 60.98 10019 11637.77 10403.36 1547.22 N 88°39'49" E 137.73 10054 11640.98 10541.05 1684.95 RADIUS: 25.00 LENGTH: 38.55 CHORD: 34.84 DELTA: 88°20'43" CHORD BRG: S 47°09'49" E PC-R: S 0].020'11" E PT-R: S 87°00'32" W RADIUS POINT: 10055 11615.99,10541.63 TANGENT: 24.29 10056 11617.30 10566.60 1723.49 RADIUS: 221.00 LENGTH: 2.50 CHORD: 2.50 DELTA: 00°38'56" CHORD BRG: S 03°18'56" E PC-R: N 87°00'32" E PT-R: N 86°21'36" E RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 1.25 10057 11614.80 10566.74 1726.00 S 03°38'24" E 99.91 10058 11515.09 10573.08 1825.91 RADIUS: 34.00 LENGTH: 54.41 CHORD: 48.79 DELTA: 9].041'35" CHORD BRG: S 42°12'24" W PC-R: S 86°21'36" W PT-R: N 01°56'49" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 35.02 10050 11478.95 10540.31 1880.32 S 88°03'11" W 122.35 10051 11474.80 10418.02 2002.67 RADIUS: 76.00 LENGTH: 119.38 CHORD: 107.48 DELTA: 90°00'00" CHORD BRG: S 43°03'11" W PC-R: S 0].056'49" E PT-R: N 88°03'11" E RADIUS POINT: 10048 11398.84,10420.61 TANGENT: 76.00 10052 11396.26 10344.65 2122.05 S 01°56'49" E 56.00 10053 11340.29 10346.55 2178.05 N 88°03'11" E 21.00 10059 11341.00 10367.54 2199.05 N 88°03'11" E 21.00 10046 11341.72 10388.53 2220.05 Closure Error Distance> 0.0058 Error Bearing> S 74°30'45" W Closure Precision> 1 in 380450.2 Total Distance> 2220.05 LOT AREA: 46750 SQ FT OR 1.0732 ACRES Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 1 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 10044 11343.75 S 88°03'11" W 60.00 10046 11341.72 N 01°56'49" W 56.00 EASTING 10448.49 10388.53 03/11/2005 15:17 STATION 0.00 60.00 10047 11397.68 10386.63 116.00 RADIUS: 34.00 LENGTH: 53.41 CHORD: 48.08 DELTA: 90°00'00" CHORD BRG: N 43°03'11" E PC-R: N 88°03'11" E PT-R: S OP56'49" E RADIUS POINT: 10048 11398.84,10420.61 TANGENT: 34.00 10049 11432.82 10419.45 169.41 N 88°03'11" E 26.00 10045 11433.70 10445.44 S 01°56'49" E 90.00 10044 11343.75 10448.49 Closure Error Distance> 0.0033 Error Bearing> N 43°03'11" E Closure Precision> 1 in 87518.1 Total Distance> 285.41 LOT AREA: 5152 SQ FT OR 0.1183 ACRES 195.41 285.41 LOT 2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 10041 11345.45 10498.46 0.00 S 88°03'11" W 50.00 10044 11343.75 10448.49 50.00 N 01°56'49" W 90.00 10045 11433.70 10445.44 140.00 N 88°03'11" E 50.00 10042 11435.40 10495.41 190.00 S 01°56'49" E 90.00 10041 11345.45 10498.46 280.00 Closure Error Distance> 0.0000 Total Distance> 280.00 LOT AREA: 4500 SQ FT OR 0.1033 ACRES Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 3 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 10039 11347.15 S 88°03'11" W 50.00 10041 11345.45 N OP56'49" W 90.00 10042 11435.40 N 88°03'11" E 46.35 EASTING 10548.44 10498.46 10495.41 03/14/2005 08:57 STATION 0.00 50.00 140.00 10043 11436.98 10541.73 186.35 RADIUS: 76.00 LENGTH: 3.65 CHORD: 3.65 DELTA: 02°44'59" CHORD BRG: N 86°40'42" E PC-R: N OP56'49" W PT-R: N 04°41'48" W RADIUS POINT: 10031 ,11512.93,10539.15 TANGENT: 1.82 10040 11437.19 10545.38 190.00 S 01°56'49" E 90.09 10039 11347.15 10548.44 280.09 Closure Error Distance> 0.0026 Error Bearing> N 21°24'47" E Closure Precision> 1 in 105711.2 Total Distance> 280.09 LOT AREA: 4500 SQ FT OR 0.1033 ACRES Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 10038 11348.85 S 88°03'11" W 50.00 10039 11347.15 N 01°56'49" W 90.09 EASTING 10598.41 10548.44 03/14/2005 08:24 STATION 0.00 50.00 10040 11437.19 10545.38 140.09 RADIUS: 76.00 LENGTH: 40.78 CHORD: 40.29 DELTA: 30°44'39" CHORD BRG: N 69°55'52" E PC-R: N 04°41'48" W PT-R: N 35°26'27" W RADIUS POINT: 1003111512.93,10539.15 TANGENT: 20.89 10062 11451.01 10583.22 180.87 S 35°26'27" E 21.21 10061 11433.73 10595.52 S 01°56'49" E 84.93 10038 11348.85 10598.41 Closure Error Distance> 0.0054 Error Bearing> S 46°42'27" E Closure Precision> 1 in 52889.3 Total Distance> 287.01 LOT AREA: 4714 SQ FT OR 0.1082 ACRES 202.08 287.01 LOT 5 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 501 11352.32 10700.43 0.00 S 88°03'11" W 102.08 10038 11348.85 10598.41 102.08 N 01°56'49" W 57.55 10033 11406.37 10596.45 159.63 N 88°03'11" E 105.85 10032 11409.96 10702.25 265.49 S 01°48'02" W 57.67 501 11352.32 10700.43 323.16 Closure Error Distance> 0.0034 Error Bearing> S 10°11'45" W Closure Precision> 1 in 95407.6 Total Distance> 323.16 LOT AREA: 5983 SQ FT OR 0.1374 ACRES LOT 6 OF PNT# BEARING 10032 S 88°03'11" W 10033 N 01°56'49" W 10061 N 35°26'27" W BLOCK 1 DISTANCE NORTHING 11409.96 105.85 11406.37 27.38 11433.73 21. 21 EASTING 10702.25 10596.45 10595.52 STATION 0.00 105.85 133.24 10062 11451.01 10583.22 RADIUS: 76.00 LENGTH: 24.52 CHORD: 24.42 154.45 DELTA: 18°29 '21" CHORD ERG: N 45°18'52" E PC-R: N 35°26'27" W PT-R: N 53°55'48" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 12.37 10030 11468.19 10600.58 178.97 S 88°11'58" E 103.44 10029 11464.94 10703.97 S OP48'02" W 55.00 10032 11409.96 10702.25 Closure Error Distance> 0.0054 Error Bearing> N 64°38'17" W Closure Precision> 1 in 62485.8 Total Distance> 337.41 LOT AREA: 6432 SQ FT OR 0.1477 ACRES 282.41 337.41 Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 7 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 10029 11464.94 N 88°11'58" W 103.44 EASTING 10703.97 03/14/2005 09:09 STATION 0.00 10030 11468.19 10600.58 103.44 RADIUS: 76.00 LENGTH: 52.67 CHORD: 51.63 DELTA: 39°42'36" CHORD BRG: N 16°12'54" E PC-R: N 53°55'48" W PT-R: S 86°21'36" W RADIUS POINT: 10031 11512.93,10539.15 TANGENT: 27.44 10028 11517.76 10615.00 156.11 S 88°11'58" E 90.59 10027 11514.91 10705.54 S 01°48'02" W 50.00 10029 11464.94 10703.97 Closure Error Distance> 0.0053 Error Bearing> S 29°25'54" W Closure Precision> 1 in 55809.3 Total Distance> 296.70 LOT AREA: 4694 SQ FT OR 0.1078 ACRES 246.70 296.70 LOT 8 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 10027 11514.91 10705.54 0.00 N 88°11'58" W 90.59 10028 11517.76 10615.00 90.59 N 03°38'24" W 55.25 10025 11572.89 10611.49 145.84 S 88°11'58" E 95.83 10024 11569.88 10707.27 241.67 S 01°48'02" W 55.00 10027 11514.91 10705.54 296.67 Closure Error Distance> 0.0019 Error Bearing> S 56°53'56" W Closure Precision> 1 in 153694.0 Total Distance> 296.67 LOT AREA: 5126 SQ FT OR 0.1177 ACRES Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 9 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3104 11569.88 N 88"11'58" W 95.83 10025 11572.89 N 03"38'24" W 44.66 EASTING 10707.27 10611.49 10026 11617.46 10608.66 RADIUS: 179.00 LENGTH: 5.56 CHORD: 5.56 CHORD BRG: N 02"45'00" W PC-R: N 86"21'36" E PT-R: RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 2.78 10063 11623.02 10608.39 S 88"11'58" E 100.50 3105 11619.86 10708.84 S 01"48'02" W 50.00 04/12/2005 09:3~ STATION 0.00 95.83 140.49 DELTA: 01°46'47" N 88"08'23" E 146.05 246.55 3104 11569.88 10707.27 296.55 Closure Error Distance> 0.0056 Error Bearing> S 74°59'06" E Closure Precision> 1 in 52771.4 Total Distance> 296.55 LOT AREA: 4910 SQ FT OR 0.1127 ACRES Page 1 of 3 Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 10 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3105 11619.86 N 88°11'58" W 100.50 10063 11623.02 EASTING 10708.84 10608.39 04/13/2005 11: 46 STATION 0.00 100.50 RADIUS: 179.00 LENGTH: 11.54 CHORD: 11.54 DELTA: 03°41'35" CHORD BRG: N 00°00'49" W PC-R: N 88°08'23" E PT-R: S 88°10'02" E RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 5.77 10023 11634.55 10608.39 112.04 N 01°49'58" E 43.07 3127 11677.60 10609.76 N 88°39'49" E 101.00 500 11679.95 10710.73 S 01°48'02" W 60.13 3105 11619.86 10708.84 Closure Error Distance> 0.0135 Error Bearing> S 35°47'34" W Closure Precision> 1 in 23414.6 Total Distance> 316.23 LOT AREA: 5784 SQ FT OR 0.1328 ACRES 155.11 256.10 316.23 LOT 11 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 4529 11578.32 10403.36 0.00 S 31°24'57" W 25.52 4530 11556.54 10390.05 25.52 S 88°56'31" W 45.79 4531 11555.70 10344.27 71.31 N 01°20'11" W 80.67 10018 11636.35 10342.39 15l. 98 N 88°39'49" E 60.98 10019 11637.77 10403.36 212.96 S 00°00'00" E 59.45 4529 11578.32 10403.36 272.41 Closure Error Distance> 0.0048 Error Bearing> N 29°17'52" E Closure Precision> 1 in 56205.1 Total Distance> 272.41 LOT AREA: 4709 SQ FT OR 0.1081 ACRES Lot Report CRD File> P:\2003\03090\CARLSON\03090.crd LOT 12 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3116 11571.37 N BBo07'24" W 75.00 10064 11573. B3 N 49°00'27" W 24.00 EASTING 10251.59 10176.63 04/13/2005 10: 4;:;- STATION 0.00 75.00 10010 115B9.57 1015B.52 99.00 RADIUS: 55.00 LENGTH: 19.72 CHORD: 19.61 DELTA: 20°32'24" CHORD BRG: N 12°31'01" E PC-R: N 67°12'47" W PT-R: N B7°45'11" W RADIUS POINT: 10005 11610.B7,10107.Bl TANGENT: 9.97 10014 1160B.72 10162.77 IlB.72 RADIUS: 25.00 LENGTH: 37.71 CHORD: 34.23 DELTA: B6°25'00" CHORD BRG: N 45°27'19" E PC-R: S B7°45'11" E PT-R: S 01°20'11" E RADIUS POINT: 10015 11607.74,101B7.75 TANGENT: 23.4B 10016 11632.73 101B7.17 156.43 N BB039'49" E 66.51 10017 11634.2B 10253.66 222.93 S 01°52'36" W 62.94 3116 11571.37 10251.59 2B5.B8 Closure Error Distance> 0.0019 Error Bearing> N 64°23'55" W Closure Precision> 1 in 147511.6 Total Distance> 2B5.88 LOT AREA: 5257 SQ FT OR 0.1207 ACRES Page 1 of 3 LOT 13 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING. EASTING STATION 10012 11461.43 10247.99 0.00 N 88°07'24" W 50.00 10009 11463.07 10198.02 50.00 N 01°52'36" E 110.00 10011 11573.0J. 10201.62 160.00 S 88°07'24" E 50.00 J.00J.3 11571.37 1025J..59 210.00 S 0J.°52'36" W 110.00 J.00J.2 11461.43 10247.99 320.00 Closure Error Distance> 0.0000 Total Distance> 320.00 LOT AREA: 5500 SQ FT OR 0.1263 ACRES LOT 14 OF BLOCK 1 PNTit BEARING DISTANCE NORTHING EASTING STATION 3118 11463.07 10198.02 0.00 N 88°07'24" W 50.00 3121 11464.70 10148.05 50.00 N 01°52'36" E 12.87 3120 ll537.53 10150.43 122.87 N 30°09'45" W 29.83 10008 11563.32 10135.45 152.69 RADIUS: 55.00 LENGTH: 35.57 CHORD: 34.95 DELTA: 37°03'02" CHORD BRG: N 41°18'44" E PC-R: N 30°09'45" W PT-R: N 67°12'47" W RADIUS POINT: 10005 11610.87,10107.81 TANGENT: 18.43 10010 11589.57 10158.52 188.26 S 49°00'27" E 24.00 10064 ll573.83 10176.63 212.26 S 88°07'24" E 25.00 3119 11573.01 10201.62 237.26 S 01°52'36" W 110.00 3118 11463.07 10198.02 347.26 Closure Error Distance> 0.0090 Error Bearing> S 19°26'26" E Closure Precision> 1 in 38677.7 Total Distance> 347.26 LOT AREA: 5998 SQ FT OR 0.1377 ACRES page 2 of 3 LOT 15 PNT# BEARING 10007 OF BLOCK 1 DISTANCE NORTHING 11464.70 N 88°07'24" W 50.00 10002 11466.34 N 01°52'36" E 90.00 EASTING 10148.05 10098.07 STATION 0.00 50.00 10006 11556.29 10101.02 140.00 RADIUS: 55.00 LENGTH: 35.76 CHORD: 35.14 DELTA: 37°15 '18" CHORD BRG: N 78°27'54" E PC-R: N 07°05'33" E PT-R: N 30°09'45" W RADIUS POINT: 10005 11610.87,10107.81 TANGENT: 18.54 10008 11563.32 10135.45 175.76 S 30°09'45" E 29.83 1523 11537.53 10150.43 S 01°52'36" W 72.87 10007 11464.70 10148.05 Closure Error Distance> 0.0087 Error Bearing> N 45°50'08" W Closure Precision> 1 in 31856.5 Total Distance> 278.45 LOT AREA: 4500 SQ FT OR 0.1033 ACRES 205.59 278.45 LOT 16 PNT# BEARING 10002 OF BLOCK 1 DISTANCE NORTHING 11466.34 N 88°07'24" W 50.00 10003 11467.98 N 01°52'36" E 144.77 EASTING 10098.07 10048.10 STATION 0.00 50.00 10004 11612.67 10052.84 194.77 RADIUS: 55.00 LENGTH: 81.39 CHORD: 74.16 DELTA: 84°47'03" CHORD BRG: S 40°30'55" E PC-R: S 88°07'24" E PT-R: N 07°05'33" E RADIUS POINT: 10005 11610.87,10107.81 TANGENT: 50.21 10006 11556.29 10101.02 276.16 S OP52'36" W 90.00 10002 11466.34 10098.07 366.16 Closure Error Distance> 0.0017 Error Bearing> N 60°24'39" E Closure Precision> 1 in 217640.6 Total Distance> 366.16 LOT AREA: 5137 SQ FT OR 0.1179 ACRES CRD File> P:\2003\03090\CARLSON\03090.crd LOT TRACT A OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 10050 11478.95 S 88°03'11" W 122.35 EASTING 10540.31 STATION 0.00 10051 11474.80 10418.02 122.35 RADIUS: 76.00 LENGTH: 119.38 CHORD: 107.48 DELTA: 90°00'00" CHORD BRG: S 43°03'11" W PC-R: S 01°56'49" E PT-R: N 88°03'11" E RADIUS POINT: 10048 11398.84,10420.61 TANGENT: 76.00 .10052 11396.26 10344.65 241.73 S 01°56'49" E 56.00 10053 11340.29 10346.55 297.73 S 88°03'11" W 303.15 8 11329.99 10043.58 600.88 N 01°52'36" E 138.06 10003 11467.98 10048.10 738.95 S 88°07'24" E 200.00 10012 11461. 43 10247.99 938.95 N 01°52'36" E 172.94 10017 11634.28 10253.66 1111.89 N 88°39'49" E 88.76 10018 11636.35 10342.39 1200.65 S 01°20'11" E 80.67 4531 11555.70 10344.27 1281.32 N 88°56'31" E 45.79 4530 11556.54 10390.05 1327.11 4529 11578.32 10403.36 1352.63 N 00°00'00" W 59.45 10019 11637.77 10403.36 1412.08 N 88°39'49" E 137.73 10054 11640.98 10541.05 1549.81 RADIUS: 25.00 LENGTH: 38.55 CHORD: 34.84 DELTA: 88°20'43" CHORD BRG: S 47°09'49" E PC-R: S 0].020'11" E PT-R: S 87°00'32" W RADIUS POINT: 10055 11615.99,10541.63 TANGENT: 24.29 10056 11617.30 10566.60 1588.36 RADIUS: 221.00 LENGTH: 2.50 CHORD: 2.50 DELTA: 00°38'56" CHORD BRG: S 03°18'56" E PC-R: N 87°00'32" E PT-R: N 86°21'36" E RADIUS POINT: 10022 11628.83,10787.30 TANGENT: 1.25 10057 11614.80 10566.74 1590.86 S 03°38'24" E 99.91 10058 11515.09 10573.08 1690.77 RADIUS: 34.00 LENGTH: 54.41 CHORD: 48.79 CHORD BRG: S 42°12'24" W PC-R: S 86°21'36" W PT-R: DELTA: 91°41'35" N 01°56'49" W RADIUS POINT: 1003J. 11512.93,J.0539.15 TANGENT: 35.02 10050 11478.95 J.0540.31 Closure Error Distance> 0.0044 Error Bearing> N 68°00'45" W Closure Precision> 1 in 396639.6 Total Distance> 1745.18 LOT AREA: 87555 SQ FT OR 2.0100 ACRES BLOCK 1 TOTAL AREA: 14013819 SQ FT OR 321.7130 ACRES 1745.18 Ms. Jennifer Henning Principal Planner Public Works 1055 South Grady Way Department Renton, Washington 98055 Subject: Wetland Mitigation Plan Cherie Lane PP -03·11 0 Renton, Washington Dear Ms. Henning: AlderNW January, 10, 200~ Project No. 51103 Attached are two copies of the Wetland Mitigation Plan for th~ Cherie Lane project for.your,review. Core Design, me has previously submitted engineering drawings for this-project. Please call if you have any questions. Sincerely yours, ALDERNW Garet·P. Munger Project Scientist JJ o-A 9, 0'!hJJ~" :_ Copies: Mr. Steve'Be~kv""'rt>"crv Mr. Dave Cayton, Core Design, Inc. 5 t 8 Nonh Sgth Street. Seattle. WashIngton 98.1 03-Phone (206)183-1036 email aldemw@lcomcast.net , .I •d~ .. · \ ..d&,. -. Kathy Keolker·Wheeler, Mayor August26,2004 Mr. Lafe Hermansen Core Design, Inc. 14711 29th PL , Suite 101 Bellevue, WA 98007 • CITY.~ RENTON PlanningIBuild~blicWorks Department Gregg Zimmerman P.E., Administrator Subject: Wetland Requirements needed Prior to Recording Cherie Lane Plat,File No. LUA 03-110, ECF, PP Dear Lafe It is my understanding that the subject project is under Civil Review. However, I wanted to provide you with a letter to advise you of the requirements for addressing wetland mitigation for recording of the subject plat. Please forward to appropriate·team members as needed. Final Wetland Mitigation Report: According to Renton Municipal Code section 4-3-050M.16.b., the proponent shall submit a final wetland initigation plan prior to the issuance of building or construction permits for development. The proponent shall receive written approval of the mitigation plan prior to commencement of any wetland. restoration or creation activities. See attached copy of the content requirements for the Final Mitigation Plan. Please provide three copies of the report and plans to my attention. Once the final report and associated planting plan is 'submitted and approved by the City, you may begin installation of the plantings. Also, a wetland. specialist's proposal for 5-years of wetland monitoring (quarterly reports for the. first year, annually thereafter) and maintenance costs consistent with the requirements of RMC 4-8-120D23e and 23f (see enclosed) is to be submitted. The contract for the' work must ensure that IIstructures, improvements, and mitigation perform satisfactorily for a period of 5 yearsll. In order to obtain final approval of the wetland mitigation installation and begin the mandatory five- year monitoring program, the City will require a Final Compliance Letter: A written letter/report from a wetlands specialist attesting that all wetland mitigation and improvements; including signs and fencing, . are installed pursuant to and are consistent with the final wetland mitigation plan approved by the City. . Once the City approves the installation, you may bring in your maintenance/monitoring surety device. The Maintenance Surety Device: (letter of credit or irrevocable set aside letter -see samp.les enclosed) totaling 125% of the cost of the monitoring and maintenance cost estimate is required to guarantee satisfactory performance for five years. The attached Development Services Division Policy Decision details the City's pOSition on maintenance and' monitoring security requirements. -----------l-O-SS-S-o-ut-h-a-ra-dy-W-a-y---R-en-to-n-,W-a-s-hi-ng-to-n-9-8-0S-S-----------~ ® This paper contains 50% racycled material. 30% post consumer ·AHEAD 01' THE CURVE Wetland Mitigation Requirements ·Page 2 of 2 • Please send the requested reports and subsequent information to my attention and copy all correspondence to Project Manager, Arneta Henninger. If you have qUf:)stions, please contact me at (425) 430-7382 or via email: sfiala@ci.renton.wa.us. Susan Fiala, AICP Senior Planner cc: Steve Beck . Arneta Henninger Project File ... ' . . " ..... ,.' l .cITY OF RENTON " 1055 S. Grady Way Renton, WA 98055 OEVELOPMEW PLANNING CITY OF RENTON 3 Printed: 06-10-2005 Payment Made: Land Use Actions RECEIPT Permit#: LUA05·073 06/10/200510:59 AM Receipt Number: JUN 102005 RECEIVED R0503055 Total Payment: 1,000.00 Payee: Mackenzie River 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 3028 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 604.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax 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 , " , Denis Law Mayor , 'October 7, 2014 Chase Bank .:...Issaquah ,1195 NW Gilman Blvd Issaquah, WA 98027 .~ , 'Community & Economic Development Department' , , , CE,IChip"Vincent,Administrator ' ,SUBJECT: REL~ASE O~ WETLAND MITIGATION SU'RETY liEVICE ASSIGNMENTOF , ' FUNDS #0182-0001986776~O,' ,", ": CHERIE LANE 1,34TH & WELLS,AVE, RENTONWA- " . ~.. Dear Sjr/Mada'm: , This lette'r w(lIserve as the authorit'y to' release th~ As'sig~ment of Funds#0182~ , Ob01986776~0 issued February' 8,2006 to 'Mackenzie River Homes Inc., in theamount of Si8,390.00,posteq 'to the City,ofRerito,n on behalfof the Che'rie Lane'l Plat. ,Enclosed is. , , : the, docum~ntation for your reference. If you have any questions,please contact me at (425,),430-7286. ' SIncerely, " ",,:' ,'" .. ~.~ -&fr1Aett;Y . ~" , "" Jennifer T; Henning , :' "Pla'nning Di'redo/ ' " . . . " ',' " " . ;.' Enclosure(s): FOrmerly'Washl~gt~n M~tuarBank (Chase Ba'nl,)'-'ISSaqu~h ASsignme~t of fund~ #0182-00019867'76-0 . . ," .' . .'...... .' .. . " .~ . . . . tc:, Kevin Wyman, Mackenzie RlyerHo~es, Inc. ' " ' ~ . . " .; Renton City Hall • 1055, South Grady vyay '. Renton, Washington 98057 • ,renton~a,gov I ! I I '.' Applicant: f.!fl&~UlI.U:..cuJ~~:.!!:::SI..~~_-I- Owner: Branch:,_ -~=T...!d.!~----=':"'-=:!-.L-J~-r-It-- Ad dress :..LW'-""---L...:"--"'-=:;""'O:'-"-'~....oL::=--_--.J- Phone: 2.!Jk ttl? 0.3 ~r Fax: fjbl 81 C ,3 3 rb Attention: )<e Uti' m tJ..y/ll(2l) Title: Prt-su1ek-t- , The above referenced b~nk hereby ~e~ifies thatCz,Lb:Jl ?!'si~ I';:>1;1tfH Dollars ($/~ ~t? .. "") IS on deposIt In the accou t number __ 2." __ f_,_' __ ~ Under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: C 1e ".. I' e La ne. ~ Location / Address of Plat or Project: ~ rf t.../a//s AUf $, The required work is generally done as follows: Ue...t1at--d /11 (J'n.;i. (lrli'5 cfI-d 11\.a'1I'-~n.anc e The bank hereby certifies and .agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving Notice that the City has detennined that the work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the city and shall not interplead or in any manner delay payment of said funds to the city. The applicant hereby agrees to this assignment offunds and that its obligation to perform the 'required work is not limited to the amount of funds held by the bank. This assignment offunds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the city. Applicant ~ ItUk 1IrtmM]?~ 0/ ' Authorized Signature ~ fkri~AL ?"l . , It e KeUtI! J1I tJp4ll Pr~S'/Z,d Date zj¥w Aut rized Sig re &atdkf, f?&1v Dat1d~(ty Issaquah Financial Contor 1195 NW Gilman Blvd. Issaquah, WA 96027-0947 phone 425.392.5000 fax 425.392.2195 ~ FDIC rim Insured • Washington Mu •• DEPOSIT ACCOUNT CONTROL AGREEMENT (Assignment or Security Interest) Account Name (the ·Customer"): Mackenzie River Homes, Inc. Customer TIN/EIN: 20-1291419 Lender (the "Secured Party"): City of Renton Account Number: 0182-0001986776-0 Customer hereby notifies Washington Mutual Bank ("Bank") that pursuant to an agreement between the Customer and the Secured Party, the Customer has granted.to the Secured Party a security Interest in the account referenced above (the "Account") including, without limit, additional deposits and interest credited to the Account from time to time. Secured Party and Customer agree that the Account will be subject to and governed by the terms and provisions of the Bank's Account Disclosures and Regulations Relating to Deposit Accounts, Statement of Fees, Rate Infonnation sheet, and any addenda or changes to any of such disclosures ("Account Disclosures"). In the event and to the extent that this Agreement is in conflict with the Account Disclosures, the Account Disclosures will prevail. Customer will not have access to or control of the Account funds without written authorization from the Secured Party. Complete control over the Account Is hereby assigned to the Secured Party. The Customer irrevocably instructs the Bank to honor any withdrawal, transfer, or other instruction from the Secl,lred Party, without Customer's further consent. The Bank is authorized to rely and act on any Instruction it believes in good faith to have been given by the Secured Party. Notwithstanding the above, the Bank may comply with instructions from the Customer or the Secured Party in regard to investment type (e.g. the deposit, length of tenn, interest or non-interest bearing account). Customer authorizes the Bank to give the Secured Party upon request any Information about the Account which the Bank would make available to the Customer including regular statements, provided the Secured Party pays to the Bank its usual and customary fees for making such Information available. The Bank shall have the right to withhold funds from any payment from the Account which the Bank deems reasonable to cover (a) Items not finally paid and depOSits which are not finEilly collected, whether or not such Is after the r:nldnight deadline, (b) transactions which have been previously executed or guaranteed by the Bank or (c) any other amount which the Customer may owe the Bank in connection with the Account or any other account of Customer with Bank. Bank may debit the Account for any fees or expenses ("Fees") related to Account or any checks or other items that were deposited or credited to the Account and are returned, reversed, refunded or charged back for insufficient funds or any other reason ("Returned Items·). If there are Insufficient funds in the Account, Customer agrees immediately to reimburse the Bank the amount of any negative balance. If Customer fails to pay on demand, Secured Party agrees to reimburse the Bank for any unpaid Returned Items. Without limiting the foregoing, the Customer and the Secured Party agree that the Bank shall have no liability to either of them for any loss or damage that either or both may claim to have suffered or Incurred, either directly or indirectly, by reason of this Agreement or any transaction or service contemplated by the provisions hereof, unless occasioned by the gross negligence or willful misconduct of the Bank. In no event shall the Bank be liable for losses or delays resulting from computer malfunction, Interruption of communication facilities, labor difficulties or other causes beyond the Bank's reasonable control or for Indirect, special or consequential damages. The Customer and the Secured Party agree to Indemnify the Bank and hold It harmless from and against any and all claims, other than those ultimately determined to be founded on gross negligence or willful misconduct of the Bank, and from and against any damages, penalties, judgments, liabilities, losses or expenses (including reasonable attorney's fees and disbursements) Incurred as a result ofthe assertion of any claim, by any person or entity, ariSing out of, or otherwise related to, any transaction conducted or service provided by the Bank through the use of any account at the Bank pursuant to the services provided for or contemplated by this Agreement. #32173 (2/06) Ret. Retain In Business Banking Customer File/Legal File Page 1 of 2 • Washington MUa. DEPOSIT AcclNT CONTROL AGREEMENT (Assignment or Security Interest) The Secured Party agrees to send all notices and Instructions given pursuant to this Agreement to the Issaquah #514 office of the Bank located at 1195 NW Gilman Blvd, Issaquah, WA 98027, attention: Courtney Hurst, Manager. The Secured Party understands and agrees that notices sent elsewhere may not reach the correct office of the Bank and shall not be effective, unless the Bank, at is option agrees otherwise In writing. This Agreement may be terminated by the Secured Party at any time, with or without cause, upon delivery of written notice thereof to the Bank. This Agreement may be terminated by the Bank at any time, with or without cause as provided In the Account Disclosures. The Customer may not terminate this Agreement without the Secured P~rty's written authorization. This Agreement supersedes all prior understandings, writings, proposals, representations and communications, oral or written of any party relating to the subject ma!ter herein, with the exception of the Account Disclosures. This Agreement shall be come effective when signed by the Customer, the Secured Party and the Bank and a fully executed orIginal has been delivered to and accepted by the Bank at the address for receipt of Notice set forth above. Authorized signatures: Customer (Type Name and Title, if any): Customer (Type Name and Title, If any): Customer (Type Name and Title, If any): Secured Party (Type Name and Title, If any): Bank (Type Name and Title): Kevin Wyman, President of Mackenzie River Homes, Inc. Signature Date Signature Date Signature Few /0,2006 Date Courtney Hurst, Manager, Washington Mutual Bank #514 Signature Date . -..... _. -,-.. -........... :. CH\RLES F. KOl<KO '\ ,': COMMISSiON EXPIRES :j NOTARY PUBLIC I ",1 STATE OF WASHINGTON n~,?201\~ '~~ #32173 (2/06) Ret. Retain In Business Banking Customer File/Legal File Page 2 of 2 ... I Cynthia~Moya From: Iwen Wang Sent: To: Thursday, September 18, 2014 5:24 PM Cynthia Moya Subject: Attachments: FW: Cherie Lane Monitoring Report LUA 05-073 4A and Completion Report Receipt & Release.pdf Here is the staff approval/release. The other is the report. Iwen Wang Administrative Services Administrator City of Renton (425) 430-6858 Iwang@rentonwa.gov From: Rocale TImmons Sent: Wednesday, September 17, 20149:03 AM To: Iwen Wang Subject: RE: Cherie Lane Monitoring Report LUA 05-073 Hello Iwen, I am not sure how this got on today's to-do list and not Friday's. Attached you will find the completion letter along with the release memo. Please let me know if there is anything else you need from me. I will also forward a copy of the letter and memo to the yellow file. Please let me know if you need anything else. Rocale Timmons From: Iwen Wang Sent: Wednesday, September 10, 2014 6:40 PM To: Rocale TImmons Subject: Re: Cherie Lane Monitoring Report LUA 05-073 Thank you and Friday is fine! T promised that I will get back to him so just following up. Sent from my phone On Sep 10,2014, at 3:41 PM, "Rocale Timmons" <RTimmons@Rentonwa.gov> wrote: Hello Iwen, No I have been really out of the loop beyond you coming to speak with me the other day. 1 If It is okay because I am work In some tight deadlines can I get to this L ,(iday? If you need it sooner I can squeeze some time to work on it. Rocale Timmons From: Iwen Wang Sent: Wednesday, September 10, 2014 3:05 PM To: Rocale Timmons Subject: FW: Fwd: Cherie Lane Monitoring Report LUA 05-073 Hi Rocale, I thought you already received this and you thought Jennifer will have you do the final acceptance letter. See the email below that they submitted this in January of 2012. Iwen Wang Administrative Services Administrator City of Renton (425) 430-6858 Iwang@rentonwa.gov -------._-----------------------_._-- From: Kevin M Wyman [mallto:keyin@mackenzierjverhomes.com] Sent: Thursday, September 04, 2014 11:27 AM To: Iwen Wang Subject: Fwd: Fwd: Cherie Lane Monitoring Report LUA 05-073 Ms. Wang, As J mentioned on the call yesterday, J recalled we did send the last report in. See th~ email below, dated 1/31/2012, and forwarded for your review. It was sent via both email and hard copy to Ms. Timmons. As it is now two and a half years later that the city is following up there is no reasonable way anyone from the City can dispute the successful completion of the maintenance today. As such, regardless of the status of the AOF, we will expect a complete release ifit hasn't already occurred. (We're currently checking to see ifit has been released.) 1 hope this is helpful in clearing up the City's records. Feel·free to contact me with any follow up questions .. J will let you know what we find with respect to the AOF..being released or not. Kevin Kevin M Wyman Mackenzie River Homes Inc kevin@mackenzieriverhomes.com· (206) 515-45100 (866) 817-3376 f --------Original Message -------- Subject:Fwd: Cherie Lane Monitoring Report LUA 05-073 Date:Thu, 4 Sep 2014 10:29:39 -0700 From:Kyle Legare <kj1.enco@gmai1.com> 2. o· To:kevin@mackenziel homes.com Kevin, Good to hear from you. Below is the email I sent to Rocale at the city. I also sent a hard copy in the mail, but I don't have a record of that other than the print request I did. Hope this helps. Let me know if there is anything else I can do to help out. Best regards, Kyle Kyle Legare KJL.ENCO@gmai1.com (425) 308 -4628 ----------Forwarded message ---------- From: llKyle Legarell <kj1.enco@gmail.com> Date: Jan 31,20126:42 AM Subject: Cherie Lane Monitoring Report LUA 05-073 To: <rtimmons@rentonwa.gov> Good Morning Rocale, Please find attached the Year Five monitoring report for the Cherie Lane project LUA 05-073. I will send· a hard copy for your files as well. If you should have any questions or concerns, please feel free to contact me anytime. TIlank you for your time and help on this project. Sincerely, Kyle Kylc Lcgare Wetland Ecologist/Certified Arbotist KJL Environmental Consulting 303 North Baker Street MOllnt Vemon, WA 98273 425-308-4628 KJL.ENCO@gmail.com 3 Jennifer T. Henning From: Carrie Olson Sent: To: Thursday, May 23, 2013 9:09 AM Jennifer T. Henning Cc: Rocale Timmons <rtimmons@rentonwa.gov; Rocale Timmons Subject: Release of Cherie Lane Final Plat I , Wetland Monitoring & Maintenance Bond SECOND REQUEST Attachments: 20130403164122772.pdf Please let me know if I can release this bond. Thanks. Motivation determines what you do. Attitude determines how well you do it. Lou Holtz Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -----Original Message----- From: Carrie Olson Sent: Wednesday, April 03, 2013 4:52 PM To: Jennifer T. Henning Cc: Rocale Timmons Subject: Release of Cherie Lane Final Plat I , Wetland Monitoring & Maintenance Bond Jennifer, While searching for the Cherie Lane II bond you requested to be released, I came across this Wetland Monitoring & Maintenance Bond for Cherie Lane I. We still have the original bond, we have no recorded of it ever being released but when I called Chase Bank to see if they still had the money in this Assignment of Funds Account 0182-0001986776-0, for $18,390.00, they did not. The account had vanished with the buy-out of Washington Mutual Bank by Chase. Please see the February 15, 2007 letter attached and let me know if you need to ask Kevin Wyman, Mackenzie River Homes to re- instate the bond. Thanks. Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX 1 KJL Environmental Consulting January 29, 2012 Mackenzie River Homes, Inc. Attn: Kevin Wyman 1200 5th Ave Suite 1711 Seattle, WA 98101 Re: Cherie Lane Year Five Monitoring Report (City of Renton File LUA 05-073 \:! Dear Mr. Wyman: I(JL Environmental has recently completed the Year Five monitoring visit for the Cherie Lane Project. The previous four years of monitoring was completed by Habitat Ecology and Design, however the same staff member from Habitat Ecology and Design that set up the project, completed the site visits, and authored the annual reports is now working for KJL Environmental. Therefore the institutionalized knowledge regarding the mitigation installation, maintenance and monitoring has remained constant over the monitoring period. If there are any questions regarding this transition, please feel free to contact our office anytime. The project site is located near the intersection of Wells Avenue South and South 34th Street, within the City of Renton. The purpose of this report is to fulfill the Year Five monitoring report requirements established in the approved mitigation plan. KJL Staff visited the mitigation site on January 28,2012 to assess the mitigation areas in regards to the outlined Standards of Success for Year Five. The following is a summary of our Year Five site visit. Mitigation Goals and Standards of Success Five specific performance standards were outlined in the revised December 13, 2005 Wetland Evaluation/Mitigation Design Report completed by AlderNW. These performance standards were created to evaluate the mitigation project in regards to the three goals identified in the report, which include: (1) Creating new scrub-shrub wetland habitat with four new scrub shrub species and two tree species, (2) Controlling invasive plant growth within the mitigation planting areas, and (3) Enhancing the existing wetland area by planting native trees and shrubs. Standards of Success: (1) A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. (2) A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, such as clanuary 28. 2012 Page 1 of 8 Prepared by: KJL Environmental , Cherie Lane Year Five MonitorL port reed canary grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. (3) Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. (4) Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. (5) A water table within 12 inches of the surface through May 1 of each monitoring year. Methods A total of four transects, five quadrats, and seven photo pOints were established during the first year of the mitigation planting to help assess the mitigation project in regards to the identified Standards of Success. The transects will be used to determine percent survival for the project and the quadrats will be used to help determine vegetative cover. The transects and quadrats are samples of the entire project and are assumed to represent the trends and conditions of the entire mitigation project, however general observations will also be noted during site visits. The following is a description of the location and dimensions of the transects and quadrats. Transects Four transects were established to measure plant survival, with transect dimensions provided on the stakes. The approved mitigation plan required a minimum of 5-50' transects. Due to the size and shape of the mitigation areas, three-50' transects and one -100' transect were established. The data recorded from the transects will be used to assess the percent survival of the mitigation plants over the course of the monitoring period. The following are the general location and dimension of these transects: • Transect 1 (Wetland Enhancement): Established just east of the wetland creation area adjacent to Wetland A. The transect is 50' long by 5' wide and includes Photo Points 1 and 2 at the west end and east end of the transect respectively. • Transect 2 (Wetland Creation): Established west ofTransect 1. The transect is 50' long by 5' wide and includes Photo Points 3 and 4 at the north end and south end of the transect respectively. • Transect 3 (Wetland Creation/Buffer Restoration): Located within the creation area adjacent to Wetland B and the restoration area within the buffer for Wetland B. The transect is 100' long by 5' wide and includes Photo Points 5 and 6 located at the east end and west end of the transect respectively. • Transect 4 (Buffer Restoration): Located along Wells Avenue South. The transect is 50' long by 5' wide and includes Photo Point 7 located at the north end of the transect. Quadrats Five Quadrats were established at the ends ofTransects 1 through 4. The percent cover for trees, shrubs, herbaceous, and total cover was visually estimated. The data recorded within these quadrats will be used to evaluate the percent cover performance standards outlined in the final mitigation plan. • Quadrat 1: Located at the west end ofTransect 1. The quadrat is 20' x 20'. lanll~\ry 29, 20 12 I\\ge 2 or8 Prepared hy: !\IL Environmellt·;l! , Cherie Lane Year Five Monitoril port • Quadrat 2: Located at the north end ofTransect 2. The quadrat is 20' x 20'. • Quadrat 3: Located at the east end ofTransect 3. The quadrat is 20' x 20'. • Quadrat 4: Located at the west end ofTransect 3. The quadrat is 20' x'20' • Quadrat 5: Located at the north end of Transect 4. The quadrat is 10' x 20' Results The following sections are a summary of the general observations and data collected from the January 28, 2012 site visit. This information will be used to determine whether the mitigation areas are meeting the Year Five performance standards as developed in the final mitigation plan and outlined in the section above. Overall Percent Survival The overall Percent Survival is 83% within the four transects, which meets the Year Five survival performance standards. The percent survival dropped 4% from Year Four levels and 8% over the last two years. The decrease in percent survival is primarily due to mortality of red-osier dogwood plantings. These plants appeared to be either do very well in some locations or had high mortality in others. However, throughout the mitigation areas volunteer red alder and black cottonwood trees become established and are providing an increase in native plant cover. The volunteer plants have exhibited fast growth rates, resulting in an increase in both height and canopy cover. As noted previously, the young red alder are providing 100% native plant cover in areas around the wetland creation. Also, as outlined in the second standard of success, survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover. While the mitigation plantings themselves are meeting the 80% survival threshold, it should be noted there are a significant number of native volunteers that are contributing to local functions and values. The mitigation plantings have shown consistent growth throughout the monitoring period and should continue to thrive in the planting areas. The percent survival data provided in Table 1 include live, stressed, and dead plants observed in the field. Table 1: Overall percent survival per species for all transects within the mitigation area Total Counted I#Dead % Survival Species (Base Line) 1# Live 1# Stressed or not (Incl. live & stressed) found Trees: Acer macrophyllum 1 0 0 1 0% Alnus rubra Volunteer *35+ N/A N/A N/A Populus balsamifera Volunteer *10+ N/A N/A N/A Shrubs: Comus stolonifera 41 24 0 17 59% Physiocarpus capitus 9 9 0 0 100% Rosa gymnocarpa 7 7 0 0 100% Salix sitchensis 53 45 4 4 92% Symphoricarpus albus 21 20 0 1 95% Total 132 105 4 23 83% * Not included in percent survival calculations. 1,1I111dry 29, 20 12 Prcp~lrcd hy: 1\11. Envirollll1cnt~ll Cherie Lane Year Five Monitori: port Overall Percent Cover Overall percent cover for the mitigation plantings and any invasive species was estimated in the five established Quadrats. The mitigation plants have continued to increase in percent cover and should continue to do so into the future. These plants are also providing increased aerial coverage, additional habitat structure, and increased noise and visual screening functions. The average percent cover for all five quadrats combined is approximately 80%, which is meets he Year Five performance standard. The following is a summary of the recorded cover values. Quadrat 1: Overall percent cover for the mitigation plants is 40% with invasive cover at less than 10%. The mitigation plants appeared largely the same as the previous year with the surviving plants doing well. Black cottonwood and red alder volunteer plants continue to add cover. Quadrat 2: Overall percent cover for the mitigation plants is 100% with invasive cover less than 5%. Many volunteer snowberry and red alder plants were observed within the quadrat/transect area. Quadrat 3: Overall percent cover for the mitigation plants is 100% with invasive cover less than 1%. Quadrat 4: Overall percent cover for the mitigation plants is 75% with invasive cover at less than 1%. Quadrat 5: Overall percent cover for the mitigation plants is 60% (including volunteer plants) with invasive cover at 5%. Photo Point Assessment Photographs were taken at the seven previously established photo points, which have been included below. These photographs should be reviewed in tandem with the previous monitoring reports, which will allow for comparison of changes over time. An increase in both canopy cover and plant density can be seen throughout many of the photos. The greatest changes can be seen within Transects 2 and 3, where both the installed mitigation plants and the native volunteers have grown substantially in size. Shallow ponding was observed in both wetland creation areas (figures 8, 9 & 12). Surface hydrology within the creation areas has continually been documented during the annual monitoring assessments. I n addition, the red alder, Scouler's willow, and black cottonwood are providing a closed canopy that is helping increasing noise and visual screening functions (see Figures 5-7). The young native plants within the restoration areas have reached closed canopy conditions in some places, which helps overall functions and values including refuge and forage opportunities for wildlife, water quality improvement through interception of precipitation, and noise and visual screening for the wetland and buffer interior. lanuary 29, 2012 Page 4 orR Prepared hv: KII. Envir(Jtln1t~lltal Cherie Lane Year Five Monitori :port Figure 1: Photo Point 1-facin north (2012) Figure 4: Photo Point 2 -facing west Figure 5: Photo Point 3 -facing south (2012) Figure 6: Photo Point 3 -facing east (2012) lanuary 29, 2012 Pagc S nfG I'rcp:lrcd hy: 1\11, Environmcnt-al · . , Cherie Lane Year Five Monitoril port Figure 11: Photo Point 6 -facing east (2012) Figure 12: Photo Point 6 -facing west (2012) lanuary 29, 20 12 Page 6 nfR Prcparcd hy: KIL Ellvirollllwnl'al Cherie Lane Year Five Monitori. .!port Figure 13: Photo Point 7 -facing south (2012) General Observations and Recommendations The functions and values within the mitigation planting areas have continued to increase over the fIVe year monitoring period. Both the installed mitigation plants and the native volunteer species are providing noise and visual screening functions, which have displayed consistent Increases over the monitoring period. Some Himalayan blackberry is present within both the mitigation and overall NGPA areas, which will continue to be present untli the native plant cover reach heights and plant densities that out-compete these plants. It should be noted that the red alder are an important volunteer species that will help amend the soils and reduce competition from invasive plants. This species naturally colonizes disturbed areas and is great at providing a quick increase In canopy cover. In addition, the black cottonwood growing in the wetland creation area should provide increased cover very quickly due to fast growth patterns. The two sections of fence that appear to have been recently damaged from falling branches have been repaired. Conclusion Overall, the Cherie Lane mitigation project Is meeting the Year Five performance standards. The mitigation plantings continue to be healthy and are providing Increased functional value within the wetland and buffer areas. The following Is a summary of how the site is doing In regards to each performance standard. (1) The mitigation plantings had an average 80% aerial cover within the five recorded quadrats. The overall percent cover appears to be higher due to the presence of native volunteer red alder and black cottonwood. (2) The total percent survival for the four established transects Is 83%, which meets the Year Five requirements. The red alder and black cottonwood volunteer plants are continuing to help increase the plant Jalluary ~9, 2[J12 Page 7 ors Prepared hy: J(JI. Envirnnmenwl I. , I • Cherie Lane Year Five Monitor: ~port cover and survival numbers as well as increase the overall functional performance of the mitigation areas. Additionally, two additional tree species (red alder and black cottonwood) and four scrub shrub species (red osier dogwood, Sitka willow, ninebark, and Nootka rose were observed within the wetland creation areas. (3) Less than 10% invasive cover was observed within each of the five quadrats. Overall, invasive cover throughout the mitigation areas appeared low. (4) Surface ponding and saturation was observed within both creation areas. (5) Surface ponding and saturation was observed within both creation areas. The mitigation areas have consistently met the standards of success throughout the five year monitoring period. The mitigation areas are currently meeting the five identified standards of success and the three overall project goals. If there are any questions regarding this project, please call our office at 425-308-4628. Thank you. Sincerely, ffto1a Kyle Legare, Wetland Ecologist/Certified Arborist K.JL Environmental Consulting 1;lIluary 29, 201 2. Prepared hy: KIJ. EnvironnwlltzJi Page B ofB DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: Stacy, MEMORANDUM September 17,2014 Stacy Tucker Rocale Timmons Release of Assignment of Funds C~erie Lane I Wetland Mitigation City of Renton File LUAOS-073 Please initiate the paperwork to release, the surety device for the mitigation project for the Cherie Lane I. A copy ofthe paperwork should also go in the yellow file and to the City Clerk's office. Thank youl h:\ced\plannlng\current plannlng\wetlands\completed mitigation projects\cherle lane lI\release memo.docx ... ,,-~, .. -'-'-....... -.'~~~ .... ~-~-~:: ~:, KJL Environmental Consulting January 29, 2012 Mackenzie River Homes, Inc. Attn: Kevin Wyman 1200 5th Ave Suite 1711 Seattle, WA 98101 Re: Cherie Lane Year Five Monitoring Report City of Renton File LUA 05-073 Dear Mr. Wyman: KJL Environmental has recently completed the Year Five monitoring visit for the Cherie Lane Project. The previous four years of monitoring was completed by Habitat Ecology and Design, however the same staff member from Habitat Ecology and Design that set up the project, completed the site visits, and authored the annual reports Is now working for KJL Environmental. Therefore the institutionalized knowledge regarding the mitigation installation, maintenance and monitoring has remained constant over the monitoring period. If there are any questions regarding this transition, please feel free to contact our office anytime. The project site is located near the intersection of Wells Avenue South and sOuth 34th Street, within the City of Renton. The purpose of this report Is to fulfill t~e Year Five monitoring report requirements established in the approved mitigation plan. KJL Staff visited the mitigation site on January 28,2012 to assess the mitigation areas in regards to the outlined Standards of Success for Year Five. The following is a summary of our Year Five site visit. Mitigation Goals and Standards of Success Five specific performance standards were outlined In the revised December 13,2005 Wetland Evaluation/Mitigation Design Report completed by AlderNW. These performance standards were created to evaluate the mitigation project In r~gards to the three goals identified In the report, which inciude: (1) Creating new scrub-shrub wetland habitat with four new scrub shrub species and two tree species, . (2) Controlling invasive plant growthwithln the mitigation planting areas, and (3) Enhancing the existing wetland area by planting native trees and shrubs. Standards of Success: (1) A minimum SO-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the Intent of the mitigation goals. (2) A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate Is established as a goal and may be adjusted where natural regeneration and growth has resulted In minimum plant cover, as defined In Item 1. Weedy and invasive species, such as January 28, 2012 Page 1 of 8 Prepared by: KJL Environmental Cherie Lane Year Five Monitoring Report reed canary grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. (3) Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. (4) Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. (5) A water table within 12 inches of the surface through May 1 of each monitoring year. Methods A total of four transects, five quadrats, and seven photo points were established during the first year of the mitigation planting to help assess the mitigation project in regards to the identified Standards of Success. The transects will be used to determine percent survival for the project and the quadrats will be used to help determine vegetative cover. The transects and quadrats are samples of the entire project and are assumed to represent the trends and conditions of the entire mitigation project, however general observations will also be noted during site visits. The following is a description of the location and dimensions of the transects and quadrats. Transects Four transects were established to measure plant survival, with transect dimensions provided on the stakes. The approved mitigation plan required a minimum of 5-50' transects. Due to the size and shape of the mitigation areas, three-50' transects and one -100' transect were established. The data recorded from the transects will be used to assess the percent survival of the mitigation plants over the course of the monitoring period. The following are the general location and dimension of these transects: • Transect 1 (Wetland Enhancement): Established just east of the wetland creation area adjacent to Wetland A. The transect Is 50' long by 5' wide and includes Photo Points 1 and 2 at the west end and east end of the transect respectively. • Transect 2 (Wetland Creation): Established west ofTransect 1. The transect is 50' long by 5' wide and includes Photo Points 3 and 4 at the north end and south end of the transect respectively. • Transect 3 (Wetland Creation/Buffer Restoration): Located within the creation area adjacent to Wetland B and the restoration area within the buffer for Wetland B. The transect is 100' long by 5' wide and includes Photo Points 5 and 6 located at the east end and west end of the transect respectively. • Transect 4 (Buffer Restoration): Located along Wells Avenue South. The transect is 50' long by 5' wide and includes Photo Point 7 located at the north end ofthe transect. Quadrats Five Quadrats were established at the ends ofTransects 1 through 4. The percent cover for trees, shrubs, herbaceous, and total cover was visually estimated. The data recorded within these quadrats will be used to evaluate the percent cover performance standards outlined in the final mitigation plan. • Quadrat 1: Located at the west end ofTransect 1. The quadrat is 20' x 20'. January 29, 2012 Page 2 of8 Prepared by: KIL Envif'Onmenwl Cherie Lane Year Five Monitoring Report • Quadrat 2: Located at the north end ofTransect 2. The quadrat is 20' x 20'. • Quadrat 3: Located at the east end of Transect 3. The quadrat is 20' x 20'. • Quadrat 4: Located at the west end ofTransect 3. The quadrat is 20' x 20' • Quadrat 5: Located at the north end ofTransect 4. The quadrat is 10' x 20' Results The following sections are a summary of the general observations and data collected from the January 28, 2012 site visit. This information will be used to determine whether the mitigation areas are meeting the Year Five performance standards as developed In the final mitigation plan and outlined in the section above. Overall Percent Survival The overall Percent Survival is 83% within the four transects, which meets the Year Five survival performance standards. The percent survival dropped 4% from Year Four levels and 8% over the last two years. The decrease in percent survival is primarily due to mortality of red-osier dogwood plantings. These plants appeared to be either do very well In some .Iocations or had high mortality in others. However, throughout the mitigation areas volunteer red alder and black cottonwood trees become established and are providing an increase in native plant cover. The volunteer plants have exhibited fast growth rates, resulting in an increase in both height and canopy cover. As noted previously, the young red alder are providing 100% native plant cover in areas around the wetland creation. Also, as outlined in the second standard of success, survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover. While the mitigation plantings themselves are meeting the 80% survival threshold, it should be noted there are a significant number of native volunteers that are contributing to local functions and values. The mitigation plantings have shown consistent growth throughout the monitoring period and should continue to thrive in the planting areas. The percent survival data provided in Table 1 include live, stressed, and dead plants observed in the field. Table 1: Overall percent survival per species for all transects within the mitigation area Total Counted #Dead % Survival Species (Base Line) # Live # Stressed or not (Incl. live & stressed) found Trees: Acer macrophy/lum 1 0 0 1 0% Alnus rubra Volunteer ·35+ N/A N/A N/A Populus balsamifera Volunteer ·10+ N/A N/A N/A Shrubs: Comus sto/onifera 41 24 0 17 59% Physiocarpus capitus 9 9 0 0 100% Rosa gymnocarpa 7 7 0 0 100% Salix sitchensis 53 45 4 4 92% Symphoricarpus albus 21 20 0 1 95% Total 132 105 4 23 83% • Not included in percent survival calculations. lanuary 29, 2012 Page 3 ofB Prepared by: KJL Environmental Cherie Lane Year Five Monitoring Report Ollerall Percent COlier Overall percent cover for the mitigation plantings and any Invasive species was estimated in the five established Quadrats. The mitigation plants have continued to increase in percent cover and should continue to do so into the future. These plantS are also providing increased aerial coverage, additional habitat structure, and increased noise and visual screening functions. The average percent cover for all five quadrats combined is approximately 80%, which is meets he Year Five performance standard. The following is a summary of the recorded cover values. Quadrat 1: Overall percent cover for the mitigation plants is 40% with invasive cover at less than 10%. The mitigation plants appeared largely the same as the previous year with the surviving plants doing well. Black cottonwood and red alder volunteer plants continue to add cover. Quadrat 2: Overall percent cover for the mitigation plants is 100% with invasive cover less than 5%. Many volunteer snowberry and red alder plants were observed within the quadrat/transect area. Quadrat 3: Overall percent cover for the mitigation plants is 100% with invasive cover less than 1%. Quadrat 4: Overall percent cover for the mitigation plants is 75% with invasive cover at less than 1%. Quadrat 5: Overall percent cover for the mitigation plants is 60% (including volunteer plants) with invasive cover at 5%. Photo Point Assessment Photographs were taken at the seven previously established photo points, which have been included below. These photographs should be reviewed in tandem with the previous monitoring reports, which will allow for comparison of changes over time. An increase in both canopy cover and plant density can be seen throughout many of the photos. The greatest changes can be seen within Transects 2 and 3, where both the installed mitigation plants and the native volunteers have grown substantially in size. Shallow pondlng was observed in both wetland creation areas (figures 8, 9 & 12). Surface hydrology within the creation areas has continually been documented during the annual monitoring assessments. In addition, the red alder, Scouler's willow, and black cottonwood are providing a closed canopy that is helping increasing noise and visual screening functions (see Figures 5-7). The youn~ native plants within the restoration areas have reached closed canopy conditions in some places, which helps overall functions and values including refuge and forage opportunities for Wildlife', water quality improvement through interception of precipitation, and noise and visual screening for the wetland and buffer interior. ianuary 29, 2012 Page 4 ofB Prepared by: I{jL Environmental Cherie Lane Year Five Monitoring Report Figure 5: Photo Point 3. -facing south (2012) FigurE:! 6: Photo Point 3 -facing east (2012) January 29. 2012 Page 5 ora Prepared by: KJL Environmental Cherie Lane Year Five Monitoring Report Figure 11: Photo Point 6 -facing east (2012) Figure 12: Photo Point 6 -facing west (2012) lanuary 29, 2012 Page 6 ofB Prepared by: KJL Environmental Cherie Lane Year Five Monitoring Report Figure 13: Photo Point 7 -facing south (2012) General Observations and Recommendations The functions and values within the mitigation planting areas have continued to increase over the five year monitoring period. The noise and visual screening functions have continued to increase with the establishment of the both the installed mitigation plants and the native volunteer species. Canopy cover iand the overall plant diversity are increasing .. Some Himalayan blackberry is present within the planting areas and adjacent to the planting area, which will continue to be present until the native plant cover reach heights that will shade out and out-compete these plants. It should be noted that the red alder are an important volunteer species that will help amend the soils and reduce competition from invasive plants. This species naturally colonizes disturbed areas and is great at providing a quick increase in canopy cover. In addition, the black cottonwood growing in the wetland creation area should provide Increased cover very quickly due to fast growth patterns. The two sections of fence that appear to have been recently damaged from failing branches have been repaired. Conclusion Overall, the Cherie Lane mitigation project is meeting the Year Five performance standards. The mitigation plantings continue to be healthy and are providing increased functional value within the wetland and buffer areas. The following is a summary of how the site is doing in regards to, each 'performance standard. (1) The mitigation plantings had an' average 80% aerial cover within the five recorded quadrats. The overall percent cover appears to be higher due to the presence of native volunteer red alder and black cottonwood. (2) The total percent survival for the four established transects Is 83%, which meets the Year Five requirements. The red alder and black cottonwood volunteer plantS are continuing to help increase the plant January 29. 2012 Page 7 of8 Prepared by: KIL Environmental Cherie Lane Year Five Monitoring Report cover and survival numbers as well as increase the overall functional performance ofthe mitigation areas. Additionally, two additional tree species (red alder and black cottonwood) and four scrub shrub species (red osier dogwood, Sitka willow, ninebark, and Nootka rose were observed within the wetland creation areas. (3) Less than 10% invasive cover was observed within each of the five quadrats. Overall, invasive cover throughout the mitigation areas appeared low. (4) Surface ponding and saturation was observed within both creation areas. (5) Surface pondlng and saturation was observed within both creation areas. The mitigation areas have consistently met the standards of success throughout the five year monitoring period. The mitigation areas are currently meeting the five identified standards of success and the three overall project goals. If there are any questions regarding this project, please call our office at 425-308-4628. Thank you. Sincerely, 1t1r- Kyle Legare, Wetland Ecologist/Certified Arborist KJL Environmental Consulting lanuary 29, 2012 Prepared by: I<JL Environmental Page 8 ofB Cynth~a Moya From: Iwen Wang' Sent: To: Thursday, September 18, 2014 5:21 PM Cynthia Moya Subject: Attachments: FW: Fwd: Cherie Lane Monitoring Report LUA 05-073 Cherie Lane.Year.Five.Report.pdf Rocale should provide you with the same, but I want to make sure it gets to the right place in case she forget. I will email you the report as well. Both should go into the LUA file referenced (the same file I reviewed a couple of weeks to determine the status.) Iwen Wang Administrative Services Administrator City of Renton (425) 430-6858 Iwa ng@rentonwa.gov From: Iwen Wang Sent: Wednesday, September 10, 2014 3:05 PM To: Rocale Timmons Subject: FW: Fwd: Cherie Lane Monitoring Report LUA 05-073 Hi Rocale, I thought you already received this and you thought Jennifer will have you do the final acceptance letter. See the email below that they submitted this in January of 2012. Iwen Wang Administrative Services Administrator City of Renton (425) 430-6858 Iwang@rentonwa.gov From: Kevin M Wyman [mallto:kevln@mackenzlerjverhomes,com] Sent: Thursday, September 04, 2014 11:27 AM To: Iwen Wang , Subject: Fwd: Fwd: Cherie Lane Monitoring Report LUA 05-073 Ms. Wang, As I mentioned on the call yesterday, I recalled we did send the last report in. See the email below, dated 1/31/2012, and forwarded for your review. It was sent via both email and hard copy to Ms. Timmons. Asit is now two and a half years later that the city is following up there is no reasonable way anyone from the City can dispute the successful completion of the maintenance today. As such, regardless of the status of the AOF, we will expect a complete release if.it hasn't already occurred. (We're currently checking to see ifit has been released.) 1 hope this is helpful in clearing up the city's records. Feel free to contact me with any follow up questions. will let you know what we find with respect to the AOF being released or not. Kevin 1 Kevin M Wyman Mackenzie River Homes Inc kevin@mackenzieriverhomes.com (206) 515-45100 (866) 817-3376 f --------Original Message -------- Subject:Fwd: Cherie Lane Monitoring Report LUA 05-073 Date:Thu, 4 Sep 2014 10:29:39 -0700 From:Kyle Legare <kj1.enco@gmai1.com> To:kevin@mackenzieriverhomes.com Kevin, Good to hear from you. Below is the email I sent to Rocale at the city. I also sent a hard copy in the mail, but I don't have a record of that other than the print request J did. Hope this helps. Let me know if there is anything else I can do to help out. Best regards, Kyle Kyle Legare KJL.ENCO@gmail.com (425) 308 -4628 ----------Forwarded message ---------- From: "Kyle Legare" <kj1.enco@gmai1.com> Date: Jan 31, 2012 6:42 AM Subject: Cherie Lane Monitoring Report LUA05:-073 To: <rtimmons@rentonwa.gov> Good Morning Rocale, Please find attached the Year Five monitoring report for the Cherie Lane project LUA 05-073. I will send a hard copy for your files as well. If you should have any que~tions or concerns, please feel free to contact me anytime. TIlank you for your time and help on this project. Sincerely, Kyle Kyle Legare 2 Wetland Ecologist/Certified ArbOl KJL Environmental Consulting 303 North Baker Street Mount Vemon, WA 98273 425-308-4628 KJL. ENCO@gmail,com 3 Denis L?lw Mayor August 3, 2011 ' Kevin Wyman Mackenzie River Homes , 1200 5th Ave Suite #1711 Seattle, WA 98101 Department of Community and Economic Development , Alex Pietsch, Administrator Subject: Receipt of Third Annual Wetland Maintenance and Monitoring Report Cherie Lane I Fln~1 Plat ' City of Renton File Number @"®A6 eS:O:7-3=:¢l Dear Mr. Wyman: I received the third annual Maintenance and Monitoring report for th'e CherieLarie I wetland mitigation project on February 4,2011. The'project app'ears 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, ' January 24, 2012: If you have 'any questions, please co,ntact me at (425) 430-7219. , Sincerely, ~" ' '~,' A, ',' ~', • , '"" ~~ .. Ro ale Timmons, ~Ianner . Current Planning DiVision , ' , cc:city cif Renton'file No. LUA.O~-073 Kyh~ Legare, Habitat Ecology and Design; Inc. ' Renton City Hall e 1055 South Grady Way' e 'Renton, Washington 98057, erentonwa.gov · , Habitat Ecology and Design, Inc. January 24. 2011 Mackenzie River Homes. Inc. Attn: Kevin Wyman 1200 5th Ave Suite 1711 Seattle. WA 98101 Re: Cherie Lane Year Four Monitoring Report City of Renton File LVA 05-073 Dear Mr. Wyman: c· Ity Of Rento Planning DiViSion n FEB -4 2011 Habitat Ecology and Design. Inc. has recently completed the Year Four monitoring visit for the Cherie Lane PrQject. The project site is located near the intersection of Wells Avenue South and South 34th Street. within the City of Renton. The purpose of this report is to fulfill the Year Four monitoring report requirements established in the approved mitigation plan. Habitat. Ecology Staff visited the mitigat.ion site on January 19, 2011 to assess the mitigation areas in regards to the outlined Standards of Success for Year Four. rnle following is a summary of our Year Four site visit. Standards of Success Five specific performance standards were outlined in the revised December 13. 2005 Wetland Evaluation/Mitigation Design Report completed by AlderNW. These performance standards were created to evaluate the mitigation project in regards to the three goals identified in the report. which include: (1) Creating new scrub-shrub wetland habitat with four new scrub shrub species and two tree species. (2) Controlling invasive plant growth within the mitigation planting areas. and (3) Enhancing the existing wetland area by planting native trees and shrubs. The following are the standards of success: (1) A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. (2) A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years oft.he monitoring period. 'nlis survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species. such as reed canary grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. (3) Less than ten percent cover by invasive weedy species at the end of each growing season during the nve year monitoring period. (4) Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. 1927 5th Street • Marysville, WA 98270 • Phone: (360) 659-8159 Fax: (360) 651-7252 • Email: kylel@jaygroupllc.com Cherie Lane Year Four Monitoring Report (5) A water table within 12 inches of the surface through May 1 of each monitoring year. Methods A total of four transects, live quadrats, and seven photo points have been established to help assess the mitigation prQject in regards to the identified Standards of Success. 'nle transects will be used to determine percent survival for the prQject and the quadrats will be used to determine vegetative cover. The transects and quadrats are samples of the entire prQject and are assumed to represent the trends and conditions of the entire mitigation prQject. 'nle following is a description of the location and dimensions of the transects and quadrats. Trallsects Four transects were established to measure plant survival, with transect dimensions provided on the stakes. The approved mitigation plan required a minimum of 5-50' transects. Due to the size and shape of the mitigation areas, Habitat Ecology established 3-50' transects and 1-100' transect. 'nle data recorded from the transects will be used to assess the percent survival of the mitigation plants over the course of the remaining four years of monitoring. 'nle following are the general location and dimension of these transects: • Transect I (Wetland Enhancement): Established just east of the wetland creation area adjacent to Wetland A. 'nle transect is 50' long by 5' wide and includes Photo Points 1 and 2 at the west end and east end of the transect respectively. • Transect 2 (Wetland Creation): Established west of Transect 1. 'nle transect is 50' long by 5' wide and includes Photo Points 3 and 4 at the north end and south end of the transect respectively. • Transect 3 (Wetland CreationlBuffer Restoration): Located within the creation area adjacent to Wetland 13 and the restoration area within the buffer for Wetland B. 'nle transect is 100' long by 5' wide and includes Photo Points 5 and 6 located at the east end and west end of the transect respectively. • Transect 4 (Buffer Restoration): Located along Wells Avenue South. 'nle transect is 50' long by 5' wide and includes Photo Point 7 located at the north end of the transect. Quadrats Five Quadrats were established at the ends of Transects 1 through 4. 'nle percent cover for trees, shrubs, herbaceous, and total cover was visually estimated. 'nle data recorded within these quadrats will be used to evaluate the percent cover performance standards outlined in the final mitigation plan. • Quadrat 1: Located at the west end of Transect 1. 'nle quadrat is 20' x 20'. • Quadrat 2: Located at the north end of Transect 2. 'nle quadrat is 20' x 20'. • Quadrat 3: Located at the east end of Transect 3. 'nle quadrat is 20' x 20'. • Quadrat 4: Located at the west end of Transect 3. The quadrat is 20' x 20' • Quadrat 5: Located at the north end of Transect 4. 'nle quadrat is 10' x 20' Results January 24, 201·1 Prepared by: Habitat Ecology and Design, Inc Page 2 of 7 HEDI #08-0967 , . Cherie Lane Year Four Monitoring Report The following sections are a summary of the general observations and data collected from the January 19, 20 II site visit. This information will be used to determine whether the mitigation areas are meeting the Year Four performance st.:1ndards as outlined in the final mitigation plan. Overall Percell' SIIM'ival The overall Percent Survival is 87% within the four transects, which meets the Year Four survival performance standards. The percent survival dropped 3% from Year lllree levels. The mitigation plantings continue to show an increase in canopy cover and height. The volunteer trees and shnlbs noted last year are also continuing to provide an increase in native plant density and cover. llle young red alder in some areas are helping to provide 100% coverage, which is helping to provide increased functions and values and reducing the competition from invasive species. The percent survival data provided in Table I include live, stressed, and dead plants observed in the field. Table I: Overall percent survival per species for all transects within the mitigation area Total Counted #Oead % Survival Species (Base Line) # Live # Stressed or not (Incl. live & stressed) found Trees: Acer macroe,hlJlum 1 0 0 1 0% Shrubs: Comus stolonifera 41 30 0 11 73% Ph~scare,us cae,itatus 9 9 0 0 100% Rosa gymnocarpa 7 7 0 0 100% Salix sitchensis 53 45 7 1 98% Symphoricarpus albus 21 19 0 2 90% Total 132 110 7 15 87% Overall Percell' Cover Overall percent cover for the mitigation plantings and any invasive species was estimated in the five established Quadrats. The mitigation plants are providing increased aerial coverage. as well as increased noise and visual screening functions. The average percent cover for all five quadrats combined is approximately 55%. which is on target to meet the Year Five performance standard of80%. Each of the quadrats demonstrated an increase over Year Three values. llle following is a summary of the recorded cover values. Quadrat I: Overall percent cover for the mitigation plants is 30% with invasive cover at less than 10%. llle mitigation plants appeared healthy in this area with many new buds and shoots. In addition, black cottonwood and red alder -volunteer plants are established that are also adding cover. Quadrat 2: Overall percent cover for the mitigation plants is 75% with invasive cover less than 5%. Many volunteer snowberry seedlings were observed within the quadrat/transect area. Quadrat 3: Overall percent cover for the mitigation plants is 70% with invasive cover less than 1%. Quadrat 4: Overall percent cover for the mitigation plants is 45% with invasive cover at less than 1%. ,January 24, 2011 Prepared by: Habitat Ecolo~JY and Design, Inc Page 3 of 7 HEDll108-0967 Cherie Lane Year Four Monitoring Report Quadrat 5: Overall percent cover for the mitigation plants is 55% (including volunteer plants) with invasive cover at 5%. Photo P(J;1lI Asses:mwlll Photographs were taken at the seven previously established photo points, which have been included below. Shallow panding was observed in both wetland creation areas (figures 8 & 12). Surface hydrology within the creation areas has continually been documented during the annual monitoring assessments. In addition, the red alder, Scouler's willow, and black cottonwood are providing a closed canopy that is helping increasing noise and visual screening functions (see Fif:,rures 5-7). The restoration areas are also beginning to see closed canopy conditions, which helps overall/unctions and values. Figure I: Photo Point 1 -N 1BL~~ Figure 3: Photo Point 2 - E January 24, 2011 Prepared by: Habilat Ecology and Design, Inc Figure 4: Photo Point 2 -W Page 4 of 7 HEDI #08-0967 Cherie Lane Year Four Monitoring Report Figure 5: Photo Point 3 -S Figure 6: Photo Point 3 -E Figure 9: Photo Point 4 -E Figure 10: Photo Point 5 -W January 24, 2011 Page 5 of? Prepared by: Habitat Ecology and Design, Inc HEDI #08-0967 · . Cherie Lane Year Four Monitoring Report Figure II: Photo Point 6 - E Figure 12: Photo Point 6 - W Figure 13: Photo Point 7 -S General Ohservations and Recommendations The functions and values within the mitigation planting areas are continue to increase with the establishment of the both the installed mitigation plants and the native volunteer species. Canopy cover is increasing and the overall plant diversity is also increasing. The mitigation project appears to be on schedule to meet the goals and ol~jectives of the approved mitigation plan. Maintenance should continue on the site to help keep invasive cover low and reduce competition for the mitigation plantings. Some 1-1 imalayan blackberry is present within the planting areas and adjacent to the planting area, which will need to be removed. Maintenance activities should occur again in the spring 01'2011 to help reduce competition early in the growing season and prevent the establishment of Himalayan cover. Damage to the volunteer native species and installed mitigation plants should be avoided during maintenance activities. The red alder are an important species that will help amend the soils and reduce competition from invasive plants. In addition, the black cottonwood growing in the wetland creation area should provide increased cover very quickly due to fast b'l'owth patterns. , January 24, 2011 Page 6 of? Prepared by: Habitat Ecology and Design, Inc HEDI #O8"{)967 • • Cherie Lane Year Four Monitoring Report Conclusion Overall, t.he Cherie Lane mitigation prqject is meeting the Year Four performance standards. The mitigation plantings continue to be healthy and are providing increased functional value within the wetland and buffer areas. The following is a summary of how the site is doing in regards to each performance standard. (1) The mitigation plantings had an average 55% aerial cover within the five recorded quadrats. ll1e plants appear to be l;,'Towing well and should continue to increase the total aerial cover over to reach the 80% threshold by Year Five. (2) The total percent survival for the four established t.ransects is 87%, which meet.s the Year Four requirements. The red alder and black cottonwood volunteer plants are continuing to help increase the plant cover and survival numbers as well as increase the overall functional performance ofthe mitigation areas. (3) Less than 5% invasive cover was observed within each of the five quadrats. Overall, invasive cover t.hroughout t.he mitigation areas appeared low. Maintenance should be completed during the early 2011 l;,'Towing season to help continue to keep invasive cover low. (4) Surfuce panding and saturation was observed within both creation areas. (5) Surfuce ponding and saturation was observed within both creation areas. The mitigat.ion areas appear to be on track to meet the Year Four performance standards. Continued maintenance should occur to help keep invasive plant cover low. If there are any questions regarding this prqject, please call our office at 360-658-9810. llmnk you. Kyle Legare, Wetland Ecologist/Certified Arborist. Habitat Ecology and Design, fnc. January 24, 2011 Prepared by: Habitat Ecology and Design. Inc Page 7 of 7 HEDI #08-0967 "'I .';". t \ ; " • ~: ~1 ·f .j f: " f' ~. ". 4l ;" f ~~ :t ~'. ~ J :'~1 < , -~ ';;,; ,~ ~~; .~ ( ~~ , ,. 'l , I ~.t '1) ,:~ ~~ ...• I + ; :~ '~1 #) I I, r .~ $ ~ " .. ~ :'; , ,I ~~ ~.; .j , '/' ;~, ,7. k .. .~. "',' '(-, ... ~ i .i,. , 'I 4 'Y.: . . ~:, .·f ;f~ ~ \. ';'.' ~'" 1 f '-'J':' ~Jt J, "'i <; r r~ r L " ;~ ;~ j, ';'; , ; i:~ ::,\ tl ',.; " ~>: ~ f .~ ,f', {' 'f ri '-., ~; .. i .i" \ l ! J" (l.; \l" 't :, ~~ .': " j ) , F .;'" • &1 ""I ".U Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: Final Wetland Evaluation/Mitigation Design Cherie Lane Renton, Washington Dear Mr. Wyman: AlderNW January 8, 2007 Project NO.5) ) 03 As requested, I have reviewed the work completed for the wetland mitigation requirements for the Cherie Lane Residential development in Renton, Washington. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December) 3, 2005, by AlderNW. In completing this review and the preparation of the as-built report for the wetland mitigation work, I visited the site on December 6, 2006. Work in the mitigation areas was complete, at the time of the site visit. I had also been present at the project site periodically during October and November, 2006 while work was in progress to complete the grading for the mitigation areas. In general, the mitigation work has been completed in accordance with the Final Wetland Mitigation Planting Plan. It is our observation that mitigation plantings have been satisfactorily installed. Photographs illustrating conditions at the time of the monitoring visit on December 6, 2006, were taken. Representative photos are included with this report as Photo ) through Photo 5. Additional photos taken at t11at time are being maintained in AlderNW files, for reference in future monitoring visits. The wetland mitigation work for the project should be accepted as being complete as of the time of our monitoring visit on March I, 2006. Work within the buffer mitigation area has been completed in general accordance with the mitigation plan dated December 13, 2006. That plan illustrates the work completed and serves as the as-built drawing for the pr~iect. Based on observations of conditions on the mitigation area, I have the following recommendations for maintenance activities, to be completed during July and August: I. Himalayan blackberry is present around the margins of the mitigation planting areas. Blackberry where it is present within the mitigation area should be removed from the area. 2. Contractors working on houses adjacent to the mitigation areas have discarded construction debris into the mitigation area. This debris should be removed. Contractors and homeowners should be notified that debris shall not be discarded into NGPA. 518 North 59th Street, Seattle, Washington 98103· Phone (206)783-1036 email aldernw@comcast.net In accordance with mitigation design requirements the project will be monitored over a five ycar monitoring period. Monitoring visits are to be completed quarterly over the first year. The initial monitoring visit should be conducted during the month of March, 2007. I f you have any questions or require additional information, please call. Sincerely yours, ALDERNW o!~~~ Project No. 51103 Page No.2 Photo 1 December 6, 2006 Cherie Lane View looking west showing buffer restorntion north side of South 35th Street. Photo 2 December 6, 2006 Cherie Lane Wetland Mitigation View looking south across north side of NGPA Tract. .~. Photo 3 December 6, 2006 Cherie Lane Wetland Mitigation View looking west along south side of South 34th Place. Photo 4 December 6, 2006 Cherie Lane Wetland Mitigation View looking west south across mitigation area southwest comer of project. Photo 5 December 6, 2006 Cherie Lane Wetland Mitigation View looking northeast across main body of mitigation area toward houses on Lots 13 and 14. Denis Law Mayor December 4, 2009 Kevin Wyman Mackenzie River Homes '1200 Slh Ave Suite #1711 Renton, WA 98101 Department of Community and Economic Development Alex Pietsch, Administrator Subject: Receipt of Second Annual Wetland Maintenance and Monitoring Report Cherie Lane I Final Plat City of Renton File Number LUA 05-073 Dear Mr, Wyman: I received the second annual Maintenance and Monitoring report for the Cherie.Lane I wetland mitigation project on November 24,2009. The project appears to be meeting its established performance standards and is cons,idered in compliance. Two copies of your next scheduled maintenance andrnonitoring report are due to the city by January 24,2011. If you have any questions, please contact me at (425) 430-7219. Sincerely, 1.~~ Current Planning Division cc: City of Renton File No. LUA 05-073 Kyle Legare, The Jay Group; Inc. Renton City ,-jail • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov THE~ jAYGROURNC November 11,2009 Mackenzie River Homes, Inc. Attn: Kevin Wyman 1200 51h Ave Suite 1711 Seattle, WA 98101 Re: Cherie Lane Year 111ree Monitoring Report City of Renton File LUA 05-073 Dear Mr. Wyman: City Of R Planning D.e~ton IVlsion NOV 242009 1m rg ~rgUrrffmt» . The Jay Group, [nco has been recently completed the Year Three monitoring visit for the Cherie Lane Project. 111e project site is located near the intersection of Wells Avenue South and South 34th Street, within the City of Renton. The purpose oflhis report is to Fulfill the Year 111ree monitoring report requirements established in the approved mitigation plan. The Jay Group, Tnc. visited the mitigation site on November 10, 2009 to assess the mitigation areas in regards to the outlined Standards of Success for Year 111ree. 'n1e following is a summary of our Year Three site visit. Standards of Success Five specific performance standards were outlined in the revised December 13, 2005 Wetland Evaluation/Mitigation Design Report completed by AlderNW. 111ese performance standards were created to evaluate the mitigation project in regards to the three goals identified in the report, which include: (I) Creating new scrub-shrub wetland habitat with four new scrub shrub species and two tree species, (2) Controlling invasive plant growth within the mitigation planting areas, and (3) Enhancing the existing wetland area by planting native trees and shrubs. The following are the standards of success: (1) A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at. the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. (2) A minimum of80-percent survival of planted trees and shrubs at the end of each of the five years ofthe monitoring period. 111is survival rate is established as a goal and may be acUusted where natural regeneration and l:,Tfowth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canary grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 1927 5th Street • Marysville, WA 98270 • Phone: (360) 659-8159 Fax: (360) 651-7252 • Email: kytel@jaygroupllc.com Cherie Lane Year Thre~ . .)nitorlng Report (3) Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. (4) Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. (5) A water table within 12 inches of the surface through May I of each monitoring year. Methods A total of four transects, five quadrats, and seven photo points have been established to help assess the mitigation prqject in regard~ to the identified Standards of Success. The transects will be used to determine percent survival for the project and the quadrats will be used to determine vegetative cover. The transects and quadrats are samples of the entire project and are assumed to represent the trends and conditions of the entire mitigation project. The following is a description of the location and dimensions of the transects and quadrats. Transect ... Four transects were established to measure plant survival, with transect dimensions provided on the stakes. 'nle approved mitigation plan required a minimum of 5-50' transects. Due to the size and shape of the mitigation areas, The .lay Group established 3-50' transects and 1-100' transect. The data recorded from the transects will be used to assess the percent survival of the mitigation plants over the course of the remaining four years of monitoring. The following are the general location and dimension of these transects: • Transect 1 (Wetland' Enhancement): Established just east of the wetland creation area adjacent to Wetland A. The transect is 50' long by 5' wide and includes Photo Points 1 and 2 at the,west end and east end of the transect respectively. • Transect 2 (Wetland Creation): Established west of Transect 1. The transect is 50' long by 5' wide and includes Photo Points 3 and 4 at the north end and south end ofthe transect respectively. • Transect 3 (Wetland CreationlBuffer Restoration): Located within the creation area adjacent to Wetland B and the restoration area within the buffer for Wetland B. The transect is 100' long by 5' wide and includes Photo Points 5 and 6 located at the east end and west end of the transect respectively. • Transect 4 (Buffer Restoration): Located along Wells Avenue South. The transect is 50' long by 5' wide and includes Photo Point 7 located at the north end oCthe transect. Quadrats Five Quadrats were established at the ends of Transects 1 through 4. The percent cover for trees, shrubs, herbaceous, and total cover was visually estimated. The data recorded within these quadrats will be used to evaluate the percent cover performance standards outlined in the final mitigation plan. • Quadrat 1: Located at the west end of Transect 1. TIle quadrat is 20' x 20'. • Quadrat 2: Located at the north end of Transect 2. TIle quadrat is 20' x 20'. • Quadrat 3: Located at the east end of Transect 3. TIle quadrat is 20' x 20'. • Quadrat 4: Located at the west end of Transect 3. The quadrat is 20' x 20' November '11, 2009 Page 2 of? Prepared by: The Jay Group, Inc Jay Group Job tt08-D967 Cherie Lane Year Thret .mltoring Report • Quadrat 5: Located at the north end of Transect 4. The quadrat is 10' x 20' Results The following sections are a summary of the general observations and data collected rrom the November 10, 2009 site visit. The site visit was made at this time because foliage was still partially present, which allows for accurate assessment of survival and percent canopy cover. This information will be used to determine whether the mitigation areas are meeting the Year Three performance standards as outlined in the final mitigation plan. Overall Perce", SUM'ival The overall Percent Survival is 90% within the four transects, which meets the Year Three survival performance standards. The percent survival dropped 4% from Year Two levels, however the existing mitigation plantings appeared healthy and well established. Tn addition, many native volunteer species (primarily red alder and black cottonwood) were observed throughout the mitigation areas, which may be added to the overall percent survival as outlined in Standard of Success #2. These plants will help increase native plant cover and reduce competition From any invasive plants. The percent survival Ck1ta provided in Table 1 include live, stressed, and dead plants observed in the field. Table 1: Overall percent survival per species for all transects within the mitigation area Total Counted #Dead % Survival Species (Base Line) # Live # Stressed or not (Inc!. live & stressed) found Trees: Acer macrophyllum 1 0 0 1 0% Shrubs: Comus st%nifera 41 28 2 11 73% Physcarpus capitatus 9 9 0 0 100% Rosa gymnocarpa 7 7 0 0 100% Salix sitchensis 53 52 0 1 98% Symphoricarpus a/bus 21 21 0 0 100% Total 132 117 2 13 90% Overall Perce", Cover Overall percent cover for the mitigation plantings and any invasive species was estimated in the five established Quadrats. The mitigation plants appear to be providing increased aerial coverage, as well as increased noise and visual screening Functions. The average percent cover for all five quadrats combined is approximately 46%, which is on target to meet the Year Five perfonnance standard of 80%. The following is a summary ofthe recorded cover values. Quadrat 1: Overall percent cover for the mitigation plants is 25% with invasive cover at less than 10%. The mitigation plants appeared healthy in this area with many new buds and shoots. In addition, black cottonwood and red alder -volunteer plants are established that are also adding cover. Quadrat 2: Overall percent cover For the mitigation plants is 55% with invasive cover less than 5%. Many volunteer snowberry seedlings were observed within the quadraUtransect area. November '11, 2009 Prepared by: The Jay Croup, Inc Page 3 of7 Jay Group Job tl08-0967 ,.., Cherie Lane Year Three:. .mitorlng Report Quadrat 3: Overall percent cover for the mitigation plants is 60% with invasive cover less than 1 %. Quadrat4: Overall percent cover for the mitigation plants is 40% with invasive cover at less than 1 %. Quadrat5: Overall percent cover for the mitigation plants is 50% (including volunteer plants) with invasive cover at 5%. Photo Po;'" Asses,wtlent Photographs were taken at the seven previously established photo points, which have been included below. As with the previous site visits, shallow surface poneling can be seen in the wetland creation areas (figures 8 & 12). Comparisons with previous photographs indicate the establishment of the mitigation plants as well as native volunteers. Figure 8 shows many black cottonwood saplings that have become established within the wetland creation area. This will help provide additional habitat diversity over time. Overall, the photos suggest that the plant community within the mitigation areas are becoming more established and are providing improved functional support to local area. Figure 3: Photo Point 2 - E November '11,2009 Prepared by: The Jay Group, Inc Figure 4: Photo Point 2 - W Page 4 of7 Jay Group ,Job #08-0967 Cherie Lane Year Three ... ,mitoring Report Figure 5: Photo Point 3 -S Figure 7: Photo Point 4 - N Figure 9: Photo Point 5 - W November 11, 2009 Prepared by: The Jay Group, Inc Figure 6: Photo Point 3 - E Figure 10: Photo Point 5 -E Page 5 of 7 Jay Group Job #08-0967 Cherie Lane Year Three ..... mltoring Report Figure II : Photo Point 6 - E Figure 12: Photo Point 6 - W "" q' Figure 13: Photo Point 7 -S General Observations and Recommendations Maintenance should continue on the site to help keep invasive cover low and reduce competition for the mitigat.ion plantings. Some Himalayan blackberry is present within the planting areas and aqjacent to the planting area, which will need to be removed. Maintenance activities should occur again in the spring of20 10 to help reduce competition early in the growing season and prevent the establishment of Himalayan cover. Many new volunteer native species are colonizing the mitigation area. The red alder will help amend the soils and reduce competition from invasive plants. In addition, the black cottonwood growing in the wetland creation area should provide increased cover very quickly due to fast growth patterns. Conclusion Overall, the Cherie Lane mitigation project is meeting the Year Three perfonnance stanck1rds. The mitigation plantings continue to be healthy and are providing increased functional value within the wetland and buffer areas. The following is a summary of how the site is doing in regards to each perfonnance standard. November '11, 2009 Prepared by: The Jay Group, Inc Page 6 of7 Jay Group Job #08.0967 ,..-, Cherie Lane Year Threanltorlng Report (1) The mitigation plantings had an average 46% aerial cover within the five recorded quadrats. The plants appear to be growing well and should continue to increase the total aerial cover over to reach the 80% threshold by Year Five. (2) TIle total percent survival for the four established transects is 90%. which meets the Year Three requirements. The large number of snowberry. rose, red alder. and black cottonwood volunteer plants should continue to help increase the plant cover and survival numbers as well as increase the overall functional performance of the mitigation areas. (3) Less than 5% invasive cover was observed within each of the five quadrats. Overall. invasive cover throughout the mitigation areas appeared low. Additional maintenance will be required in the early 2010 growing season to keep invasive cover low. (4) Surface ponding and saturation was observed within both creation areas. (5) Surfnce ponding and saturation was observed within both creation areas. TIle mitigation areas appear to be on track to meet the Year Three performance standards. Continued maintenance should occur to help keep invasive plant cover low. If there are any questions regarding this prqject. please call our office at 360-659-8159. Thank you. Kyle Legare. Wetland Ecologist TIle Jay Group. Inc. November 11, 2009 Prepareci by: The .Jay Group, Inc Page 7 of7 Jay Group Job #08-0967 February 5, 2009 Scott Mitchell Mitchell Fine Homes 3819 South 380lh Street Auburn, Washington 98103 CITY JF RENTON Economic Development, Neighborhoods and Strategic Planning Alex Pietsch, Administrator SUBJECT: Request for Fourth' Quarterly Maintenance and Monitoring Report Cherie Lane If City of Renton. File LUA 05-147 Dear Scott: Your first quarterly monitoring report was. due to the City on December 5, 2008. Please send two copies of the report to my attention no later than March 1,2009. If you have ariy questions, please feel free to contact me at (425) 430-7219. Sincerely, fo u;J-f J~tAn,>-t4J Rocale Timmons, Planner Current Planning Division cc: City of Renton File LUA OS~147 Garet Munger. AlderNW ----------------------------]O-S-S-s-ou-t-h-G-ra-dy-W-----a-y-.R-c-n-to-n-,w-----as-h-in-gt-on-----9-g0-S-7---------------------------~ ® This paper conlains 50% recvcled malerial, 30% post consumer A 1·lll A 11 0 F THE C 1I R V E January 29', 2009 Kevin Wyman Mackenzie River Homes 16540 SE 149th Street Renton, WA 98059 CITY-,)F RENTON Economic DeVt;;It)pment, Neighborhoods,and , Strategic Planning , Alex Pietsch, Administrator Subject: Receipt of First Annual Wetland Maintenance and Monitoring Report Cherie Lane I Final Plat ' ' City of Renton File Number LVA 05-073 'Dear Mr. Wyman: r received the first annual Maintenance and Monitoring report for the Cherie Lane I wetland mitigation project on January 21, 2009. 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 January 24, 2010. If you have any questions, please contact me at (425) 430-7219. Sincerely, ~~~ '~o~le Timmons, PlaBner Current Planning Division cc: City of Renton File No. LlJA 05·073 Kyle Legare, The Jay Group, Inc. --------------IO-S-S-s-o-ut-h-G-Jr-ac-ly-w--ay-.-R-c-n-to-n-,-w-a-Sh-in-g-to-n--98-0-S-7-------------~ ® This paper contains 50% recycled material. 30% post consumer AHEAD OF THE CUIIVE , , THE~ jAYGROURNC January 19,2009 Mackenzie River I-Iomes, Inc. Attn: Kevin Wyman 1200 5th Ave Suite 1711 Seattle, W A 98101 Re: Cherie Lane Year Two Monitoring Report City of Renton File LUA 05-073 Dear Mr. Wyman: DEVELOPMEN . CITV OF R1~LANNING ... ON 'JAN 2 1 2009 RECEIVED The .Jay Group, Inc. has been retained to complete the remaining monitoring requirements for the Cherie Lane Project. 'n1e project site is located near the intersection of Wells Avenue South and South 34tll Street, within the City of Renton. TI1e purpose of this report is to ful fill the Year Two monitoring report requirements established in the approved mitigation plan. 'n1e Jay Group, Inc. visited the mitigation site on January 16, 2009 to assess the mitigation areas in regards to the outlined Standards of Success for Year Two. TI1e following is a summary of our final Year Two site visit. Standards of Success Five specific performance standards were outlined in the revised December 13, 2005 Wetland EvaluationlMitigation Design Report completed by AlderNW. TI1ese performance standards were created to evaluate the mitigation project in regards to the three goals identified in the report, which include: (1) Creating new scnlb-shrub wetland habitat with four new scrub shrub species and two tree species, (2) Controlling invasive plant f"JfOwth within the mitigation planting areas, and (3) Enhancing the existing wetland area by planting native trees and shrubs, TI1e following are the standards of success: (I) A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals, (2) A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. TI1is survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, such as reed canary grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 1927 5th Street + Marysville, WA 98270 +0 Phone: (360) 659-8159 Fax: (360) 651-7252 + Email: kylel@jaygroupllc.com / Cherie Lane Year Two Monitoring Report (3) Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. (4) Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. (5) A water table within 12 inches of the surface through May 1 of each monitoring year. Methods A total of of four transects, five quadrats, and seven photo points have been established to help assess the mitigation project in regards to the identified Standards of Success. The transects will be used to determine percent survival for the project and the quadrats will be used to determine vegetative cover. TI1e transects and quadrats are samples of the entire project and are assumed to represent the trends and conditions of the entire mitigation project. TI1e following is a description of the location and dimensions of the transects and quadrats. Trallsects Four transects were established to measure plant survival, with transect dimensions provided on the stakes. TI1e approved mitigation plan required a minimum of 5-50' transects. Due to the size and shape of the mitigation areas, The Jay Group established 3-50' transects and 1-100' transect. The data recorded from the transects will be used to assess the percent survival of the mitigation plants over the course of the remaining four years of monitoring. The following are the general location and dimension of these transects: • Transect 1 (Wetland Enhancement): Established just east of the wetland creation area adjacent to Wetland A. TI1e transect is 50' long by 5' wide and includes Photo Points 1 and 2 at the west end and east end ofthe transect respectively. • Transect 2 (Wetland Creation): Established west of Transect 1. TI1e transect is 50' long by 5' wide and includes Photo Points 3 and 4 at the north end and south end of the transect respectively. • Transect 3 (Wetland CreationlBuffer Restoration): Located within the creation area adjacent to Wetland B and the restoration area within the buffer for Wetland B. The transect is 100' long by 5' wide and includes Photo Points 5 and 6 located at the east end and west end of the transect respectively. • Transect 4 (Buffer Restoration): Located along Wells Avenue South. The transect is 50' long by 5' wide and includes Photo Point 7 located at the north end of the transect. Quadrats Five Quadrats were established at the ends of Transects 1 through 4. The percent cover for trees, shrubs, herbaceous, and total cover was visually estimated. TI1e data recorded within these quadrats will be used to evaluate the percent cover perfom1ance standards outlined in the final mitigation plan. • Quadrat 1: Located at the west end of Transect I. The quadrat is 20' x 20'. • Quadrat 2: Located at the north end of Transect 2. The quadrat is 20' x 20'. • Quadrat 3: Located at the east end of Transect 3. TI1e quadrat is 20' x 20'. • Quadrat 4: Located at the west end of Transect 3. The quadrat is 20' x 20' January 19, 2009 Prepared by: The Jay Group, Inc Page 2 of 8 Jay Group Job #08-0967 Cherie Lane Year Two Monitoring Report • Quadrat 5: Located at the north end of Transect 4. The quadrat is 10' x 20' Results The following sections are a summary of the general observations and data collected from the January 16, 2009 site visit. 111is infonnation will be used to detennine whether the mitigation areas are meeting the Year Two perfonnance standards as outlined in the final mitigation plan. Overall Perce'" Survival 111e overall Percent Survival is 94% within the four transects, which meets the Year Two survival perfonnance standards. 111e mitigation plants appear very healthy and well established. 111e plants should continue to do well, with little additional mortality expected. ]n addition, many native volunteer species were observed through much of the mitigation area, which should also help to increase the wetland and buffer functions and values on-site. The percent survival data provided in Table 1 include live, stressed, and dead plants observed in the field. Table 1: Overall percent survival per species for all transects within the mitigation area Total Counted #Dead % Survival Species (Base Line) # Live # Stressed or not (Incl. live & stressed) found Trees: Acer macrophyllum 1 0 0 1 0% Shrubs: Comus st%nifera 41 33 2 6 85% Physcarpus capitatus 9 9 0 0 100% Rosa gymnocarpa 7 7 0 0 100% Salix sitchensis 53 53 0 0 100% Symphoricarpus a/bus 21 20 0 0 95% Total 132 122 2 7 94% Overall Percent Cover Overall percent cover for the mitigation plantings and any invasive species was estimated in the five established Quadrats. The mitigation plants appear to be providing increased aerial coverage, as well as increased noise and visual screening functions. 111e average percent cover for all five quadrats combined is approxinlately 35%, which is on target to meet the Year Five perfonnance standard of 80%. 111e following is a summary ofthe recorded cover values. Quadrat J: Overall percent cover for the mitigation plants is 25% with invasive cover at less than 5%. 111e mitigation plants appeared healthy in this area with many new buds and shoots. In addition, black cottonwood and red alder -volunteer plants are established that are also adding cover. Quadrat 2: Overall percent cover for the mitigation plants is 50% with invasive cover less than 5%. Many volunteer snowberry seedlings were observed within the quadratJtransect area. Quadrat 3: Overall percent cover for the mitigation plants is 40% with invasive cover less than 1 %. January 19,2009 Prepared by: The Jay Group, Inc Page 3 of 8 Jay Group Job 1108-0967 Cherie Lane Year Two Monitoring Report Quadrat 4: Overall percent cover for the mitigation plants is 35% with invasive cover at less than 1 %. Quadrat 5: Overall percent cover for the mitigation plants is 20% with invasive cover at 5%. Photo Poi"t Assessmellt Photographs were taken at the seven previously established photo points, which have been included below. Shallow surface ponding can be seen in the wetland creation areas (figures 13, 14, & 18). Tn addition, the mitigation areas appear to be fully vegetated with a combination of shrub and herbaceous vegetation, which helps to increase water quality improvement functions. Generally, the photos suggest that the mitigation areas are improving functions and values and are on target to meet the Year Five performance standards. Figure 3: Photo Point 1 -S January 19, 2009 Prepared by: The Jay Group, Inc Figure 2: Photo Point 1 -E Figure 4: Photo Point I - W Page 4 of!3 Jay Group Job #08-0967 Cherie Lane Year Two Monitoring Report Figure 5: Photo Point 2 -E Figure 7: Photo Point 2 -W Figure 9: Photo Point 3 -S January 19, 2009 Prepared by: The Jay Group, Inc Figure 6: Photo Point 2 -S Figure 8: Photo Point 3 -E . Figure 10: Photo Point 3 -sw Page 5 of 8 Jay Group Job t108-0967 • Cherie Lane Year Two Monitoring Report Figure 11: Photo Point 4 - N Figure 15: Photo Point 5 - E January 19, 2009 Prepared by: The Jay Group, Inc Figure 12: Photo Point 4 -NW Figure 14: Photo Point 4 -SE Figure 16: Photo Point 5 -W Page 6 of 8 Jay Group Job 1108-0967 • Cherie Lane Year Two Monitoring Report Figure 17: Photo Point 6 - E Figure 18: Photo Point 6 - W Figure 17: Photo Point 7 - N Figure 18: Photo Point 7 -S General Observations and Recommendations Maintenance should continue on the site to help keep invasive cover low and reduce competition for the mitigation plantings. Some Himalayan blackberry is present within t.he planting areas and adjacent to the planting area, which will need to be removed. Maintenance activities should occur again in the spring of 2009 to help reduce competition early in the growing season and prevent the establishment of Himalayan cover. The garbage observed within the mitigation areas in April 2008 has been removed. No recent activity within the mitigation areas was observed during our January 2009 site visit. January 19, 2009 Prepared by: The Jay Group, Inc Page 7 of 13 Jay Group Job 1108-0967 ,. " • Cherie Lane Year Two Monitoring Report Conclusion Overall, the Cherie Lane mitigation project is meeting the Year Two performance standards. The mitigation plantings appear generally healthy and well established. The following is a summary of how the site is doing in regards to each performance standard. (I) The mitigation plantings had an average 35% aerial cover within the five recorded quadrats. The plants appear to be b'Towing well and should continue to increase the total aerial cover over to reach the 80% threshold by Year Five. (2) The total percent survival for the four established transects is 94%, which meets the Year Two requirements. The large number of snowberry and ·rose volunteer plants should continue to help increase the plant cover and survival numbers. (3) Less than 5% invasive cover was observed within each of the five quadrats. Overall, invasive cover throughout the mitigation areas appeared low. (4) Surface ponding and saturation was observed within both creation areas. (5) Surface ponding and saturation was observed within both creation areas. TIle mItIgation areas appear to be on track to meet the Year Two performance standards. Continued maintenance should occur to help keep invasive plant cover low. If there are any questions regarding this project, please call our office at 360-659-8159. TIlank you. Kyle Legare, Wetland Ecologist/Certified Arborist TIle .lay Group, Inc. January 19, 2009 Prepared by: The Jay Group, Inc Page 8 of 8 Jay Group Job 1108-0967 CITY )F RENTON Department of Community and Economic Development Denis Law, Mayor Alex Pietsch. Administrator October 2, 2008 Scott Mitchell Mitchell Fine Homes 3819 South 380th Street Auburn, Washington 98103 SUBJECT: Receipt of Third. Quarterly Maintenance and Monitoring Report Cherie Lane IT . City of Renton File LUA 05-147 Dear Scott: This letter is to inform you that on September 9th I received the third quarterly monitoring report for the wetland mitigation project at Cherie Lane IT. The project appears to be meeting perfonnance standards, however, all recommendations. on page 2 of the report should be' undertaken as soon as possible, specifically, the removal of constnlCtion debris and Himilayan blackberry within the mitigation area. The fourth quarterly monitoring report should incJude a follow up statement that the recommendations have been completed. Two copies of the fourth quarterly monitoring report are to the City by December 5, 2008. If you have any questions I can be reached at (425) 430-7219. Sincerely, ~~~ R:ca;l Timmons, Planner Current Planning Division cc: City of Renton File LUA 05·147 Garet Munger, AlderNW '. --------------1 (-)5-S-S-0l-'t-h-O-ra-dy--W-a-Y-·-R-eJ-1to-n-,-W-a-sl-1it-1~-o-n--98-0-57-------------~ * This paper conlains 50% recycled material. 30% post consumer AHEAD OF TI-IE CURVE .. .,. Mr. Scott Mitchell Mitchell Fine Homes 3819 South 380lh StTeet Auburn, Washington 98056 Subject: Third Quarterly Monitoring Report Wetland Mitigation Cherie Lane North Renton, Washington Dear Mr. Mitchell: AlderNW September 8, 2008 Project No. 20104 pI I\NNING OE\I~1~Yt~~~stftON S£P 091008 RECE\\fE\) In accordance with monitoring requirements for the Wetland Mitigation Area in the Cherie Lane North project, I conducted a monitoring visit on September 4, 2008. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated June 8, 2007, by AlderNW. Third Quarterly Monitoring Standards Monitoring standards to be examined during the second quarterly monitoring visit as listed on the Wetland Mitigation Plan, dated June 8, 2007, by AlderNW are as follows: 1. VerifY that any maintenance recommendations identified in previous report have been completed as necessary. 2. Less than ten percent cover by invasive shrub species. The monitoring report will identifY maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Vegetative Cover Three 50ft sample transects to measure of the level of plant cover over the mitigation area has been established. Transect 1 is located within the mitigation area behind (north of) Lots I and the detention tract. Transect 2 is located within the mitigation area behind Lots 3 and 4. Transect 3 rums in a north-south direction located within the mitigation planting area west of Lot 6. 518 North 59th Street, Seattle, Washington 98103-Phone (206)783-1036 email aldernw@comcast.net Mr. Scott Mitchell September 8, 2008 Results of the % cover sampling are presented on Tables I A, I B and I C. The overall average woody shrub cover along the three transects is approximately 32%. This result at the end of the first growing season after installation of the plantings indicates satisfactory growth toward meeting the standard of 80% shrub cover by the end of the 5 year monitoring period. Himalayan" blackberry is present within the mitigation area as noted in the second quarterly monitoring report dated June 5, 2008. Efforts to reduce the growth of the Himalayan blackberry were undertaken during the time period since the second quarterly monitoring report. Control measures included physically cutting the above ground canes. The overall average cover by Himalayan blackberry along the three transects is just under approximately 10%. This level of cover meets the standard for cover by Himalayan blackberry. Recommendations Based on observations of conditions on the mitigation area, I have the following recommendations for maintenance activities, to be completed during June. 1. Himalayan blackberry is present throughout the mitigation area. It is important that blackberry be controlled at this time. If left to grow, the blackberry will begin to affect the survival and growth of the planted materials and other desirable native species, and it will be more difficult to control during successive years. Blackberry control measures should next be undertaken next spring in May or early June when spring growth is underway. Blackberry control may be accomplished by a combination of cutting canes and application of an approved glyphosate herbicide such as Rodeo. Herbicide should be applied by use of brush or small hand held sprayer to avoid damaging nearby native vegetation. In working to control the blackberry, care should be taken to avoid damage to desirable native species. 2. Trash and debris from the ongoing construction activity adjacent to the mitigation area should be removed as it appears. Contractors and homeowners should be notified that debris shall not be discarded into NGPA. The next quarterly monitoring inspection for the project is scheduled to be conducted during the month of December, 2008. The monitoring visit in December will include a measure of the survival rates for the planted materials and will include recommendations for replacing plants which have not survived. If you have any questions or require additional information, please call. Sincerely yours, ALDERNW Garet P. Munger Enclosures: Photos of Mitigation Area. Table I Transect Sample Results Project No. 51103 Page No.2 .. ~. Photo I September 4, 2008 Cherie Lane North Wetland Mitigation View looking east from southwest comer ofNGPA Tract. Photo 2 September 4, 2008 Cherie Lane North Wetland Mitigation View looking west from middle of south side ofNGPA Tract. Photo 3 September 4, 2008 Cherie Lane North Wetland Mitigation View looking southwest across wetland creation area in NGPA Tract. Photo 4 September 4, 2008 Cherie Lane North Wetland Mitigation View looking west from east end of planting area within NGPA Tract. , TABLEIA TRANSECT DATA September 4,2008 Transect #1 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 90 0 + 5-10 80 0 10 10-15 60 40 + 15-20 60 30 10 20-25 80 20 20 25-30 80 20 10 30-35 80 0 + 35-40 50 20 + 40-45 70 10 + 45-50 60 0 + Average 71% 14% 5%+ Cover % Notes: + Himalayan blackberry present at less than 10% TABLE2B TRANSECT DATA September 4, 2008 Transect # 2 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 90 40 10 5-10 90 50 20 10-15 70 50 10 15-20 80 0 10 20-25 100 20 + 25-30 100 20 10 30-35 100 50 30 35-40 100 50 + 40-45 70 30 + 45-50 50 0 + Average 85% 31% 9%+ Cover % Notes: + Himalayan blackberry present at less than 10% , . TABLE3B TRANSECT DATA September 4, 2008 Transect # 3 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 60 60 30 5-10 60 70 30 10-15 20 60 20 15-20 30 40 30 20-25 30 20 + 25-30 30 30 10 30-35 30 50 10 35-40 30 50 + 40-45 30 80 20 45-50 10 50 -I- Average 37% 51% 15%+ Cover % Notes: -I-Himalayan blackberry present at less than 10% WETLAND MITIGATIONIBUFFER ENHANCEMENT and MAINTENANCE/ MONITORING PLAN . • Y\llJG~ 206-783-1036 '2GC{lI~) . 'Or ~ 14i:simp . . 'CHERIE LANE NORTH Project No. 20104a Prepared for: Mr. Scott Mitchell Mitchell Fine Homes . 3819 S. 380th Street Auburn, Washington 98001 Prepared 13Y: AlderNW 518 North 59th Street . Seattle, WA. 98103 email AllrNw@Comcas~,~et . ~ G=? riY'AJ 1\. I . -I IY~, . June 8,.2007 " :.~ ... ::~~~~:~;;- This Report is to accompany Sheets 1-3 of the Wetland MitigationIBuffer Enhancement and MaintenancelMonitoring Plan set. •• WETLAND MITIGATIONI BUFFER ENHNACEMENT DESIGN, AND MAINTENANCEIMONITORING PLAN . CHERIE LANE NORTH INTRODUcnON This Wetland MitigationIBuffer Enhancement Design and Monitoring Plan. as presented on Sheets Ito 3 is designed to satisfY mitigation requirements for indirect impacts to the site wetlands and to.provide for buffer enhancement to satisfY requirements for buffer averaging. This plan is based on the Wetland EvaluationIBu:ffer Averaging Plan Concept report by AlderNW, dated June 7, 2006. That report described the existing site conditions and presented a conceptual mitigation plan for the project. It was revie~ed and clccepted by City of Renton Staff in their review of . preliminary permit applications. It was also reviewed and given approval by the Hearing Examiner. There have been minor changes in the project design as the project design has been refined. The accompanying report dated December 11,2006, provides additional detail regarding the project and the mitigation design concept. GENERAL SITE CONDITIONS The subject property is an approximately 3.4 acre property located in the 3400 block of Wells Avenue South in the City of Renton. At present the property is undeveloped. The unopened South 34th Street right-of-way runs through the middle of the property. The area included within the project includes two parcels; parcel #2923059188 (1.8 acre), on the north side of the south 34th Street right-of-way, and parcel#2923059040(1.2 acre) on the south side of the right-of-way. The South 34th Street right-of-way (.4 acre) runs between the two parcels and will remain as city owned right-of-way. The site in its undeveloped conditions is occupied by a mixed conifer-deciduous forest stand of composed of mostly deciduous trees. Oregon ash (F'rarinus laft/olia), red alder (Alnus rubra) black cottonwood (Populus balsamifera), and big leaf maple (Acer macrophy//um) are.the common deciduous trees species on the property. Western red cedar (Thuja plicata) is the common conifer tree present on the property. Salmonberry (Rubus spectabllis), snowberry (Symphoricarpos alba), hazelnut (Corylus comuta), and Himalayan blackberry (Rubus discolor) are common shrub. species present. There are existing sanitary sewer and storm drain pipes following the alignment of the South 34th. Street right-of- way. These pipe lines were installed sometime after 1996. Construction of the pipelines resulted in disturbance to . the site in an approximately 30ft wide strip, in an east west orientation through the property following the South 34th Street right-of-way. There are three wetland areas on the property. Wetland A, with an area of approximately 6,230sq.ft., is located across the east end of the property. Wetland B is a small area of less than l,OOOsq.ft, near the south property line and west of the south end of Wetland A. Wetland Cwith an area of approximately 25,OOOsq.ft is the largest of the site wetlands. Each of the site wetlands is an isolated area widl no defmed surface inlet or outlet. Wetland A is an isolated wetland located on the cast end of the property. Vegetation within the wetland includes an overstory of black cottonwood and western red cedar trees. . Understory shrub species include salmonberry, Himalayan blackberry, and red osier dogwood (Comus stolonifera). Reed canarygrass (Phalaris arundinacea), soft rush (Juncus effosus), and creeping buttercup (Ranunculus repens) are herbaceous species within the wetland. Using the U. S. Fish and Wildlife Service wetland classification system (Cowardin et aI., 1979), the wetland is designated as a palustrine forest wetland habitat. . This wetland has been designated as a City of Renton Category 2 wetland. The standard buffer for a category 2 . wetland in the City of Renton is 50ft. Wetland B is a very small isolated wetland of. approximately 840sq.ft, lOcated along the south property line. It is situated within a shallow depression with no d!-'lfined inlet or outlet. . Vegetation within the wetland includes black cottonwood and Oregon ash forming a canopy over the wetland, ~th . recf osier dogwood and Himalayan blackberry as shrub cover. Herbaceous species present include reed canarygrass (PhaJaris arundinacea) and other grasses, soft rush (Juncus effusus), and creeping buttercup (RanuncuJus repens). Using the. u. S. Fish and Wildlife SerVice wetland classification system (Cowardin et al., 1979), the wetland is . designated as a palustrine scrub-shrub wetland habitat. This wetland has been designated as a City of Renton Category 3 wetland. As a small isolated wetland, of less than 2,200sq.ft., it can be filled; if mitigation is proVided. WetlandC is the largest of the site wetlands, having an area of approximately 25,OOOsq.ft. It is located on the northwest comer of the property. Vegetation within the wetland includes Oregon ash, black cottonwood and some western red cedar trees. Understory shrub vegetation includes Himalayan blackberry, snowberry and, salmonberry. Herbaceous vegetation includes reed canary grass and soft rush among other species. Using the U. S. Fish and Wildlife Service wetland classification system (Cowardin et aI., 1979), the wetland is designated as a palustrine forest wetland habitat. This wetland has been designated as a City of Renton Category 2 wetland. The standard buffer for a category 2. wetland in the City of Renton is 50ft. PROPOSED DEVELOPMENT -WETLAND IMPACTS It is proposed to develop the approximately 3.4 acre property for construction of a 6 lot residential development. Access to the project will be provided from South 34th Place which has been partially completed along the south property line as part of the Cherie Lane project. The six lots are being constructed on the southern 1.2 acre parcel. No new construction is being proposed for the parcel on the north side of the South 34th Street right-of-way. With the exception of the small isolated Wetland B, the site wetlands will be set aside ·from development within sensitive Area tract A. The project will not result in direct impacts to the preserved site wetlands.. There are two locations where new construction will extend to within less than 25ft of the wetland boundary. These include construction of the sidewalk along the north side of South 34th Place, where it will cross the south end o{Sensitive . Area Tract A. Approximately 40sq.ft. of Wetland A extends to within 25ft of the sidewalk construction. This area of wetland is being treated as an indirect impact for which mitigation is being provided. The second area where there will be new construction within 25ft of the wetland bound~, is at the sout.hwest corner of Wetland C where a new water line will be extended north along the west property line to provide future connection for any new developments to the west. Approximately 240sq.ft of the western tip of Wetland C will be indirectly impacted by the water line construction. Mitigation is being provided for this indirect impact. , ' " WETLAND MITIGATION REQUIREMENTS Where there is no feasible development alternative whereby wetland and buffer impacts can be avoided. and where ' impacts to the wetland, and buffers are minimized to the extent possible, the City of Renton Critical Regulations allow wetland and buffer impacts if there is compensation for any permanent wetland or buffer impacts (4-3-05-M8). The City of Renton requires that ''The overall goal of any compensatory project shall be no net loss of wetland function and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of "no net loss" means to create, restore and/or enhance a wetland so that there is no reduction to total wetland acreage' arid/or function. ;, The Critical Area Regulations provide guidance for determining appropriate compensatory mitigation ratios to meet the mitigation goals. Mitigation can be provided by creation of new wetland or bya combination of wetland creation, and enhancement of an existing wetland. The standard mitigation ratio for impacts to Category 2 forested wetlands is 3 : 1 (Wetland Area Created: Wetland Area Impacted). This ratio can be adjusted where a combination of wetland creation and wetland enhancement is proposed. If a combination of creation and enhancement is to be used; ¢e mitigation shall include wetland creation at a minimUlll ratio of 1.5 : 1 and wetland enhancement at a ratio of 2 : l. For this project approximately 4S0sq.ft. of new wetland will be created and approximately 600sq.ft. of existing wetland will be enhanced. This satisfies the mitigation requirement to create new wetland at a ratio of 1.5 : I (4S0sq.ft. wetland created : 300sq.ft indirect wetland impact) and enhancement at a ratio of2 : 1 (600sq.ft wetland enhanced: 300sq.ft indirect wetland impact). New wetland area Will be created by excavating to match the grade of the adjacent wetland to allow overflow from the wetland into the mitigation area. The shallow excavation will lower surface grades to reach the near surface shallow water table over the site. . Enhancement of the existing wetland will be carried out by making plantings of native trees and shrubs to accelerate the establishment of native scrub-shrub habitat on sections of wetland where there has been disturbance and there is sparse native shrub and tree growth. Enhancement wi)) also involve work to control the growth of non native invasive species on the area designated as the mitigation area. GOALS AND OBJECTIVES Wetland Mitigation (Enhancement and Creation) With implementation of the proposed mitigation design concept, the wetland functions indirectly impacted by the sidewalk and waterline construction will be mitigated by creation of 450sq.ft of new wetland and by enhancing approximately 600sq, ft' of existing disturbed wetland area. TI1C wetland mitigation design involvcs three general objectives: 1. Establish new scmb-shrub wetland habitat which mimics native wetland plant communities on a minimum of 450sq.ft. of created wetland area. The, created wetland habitat will have a minimum of two wetland shrub species and one wetland tree species. .2 . Control the growth of invasive plants, including :HimaIayan blackberry and Scot's, broom on the areas included in the mitigation plan. 3.' Enhance 600sq.ft of the existing wetland to establish native scrub':'shrub habitat having a minimum of four native shrub species and two native tree species. Enhancement will be accomplished with new plantings of native trees and shrubs and by controlling the growth of Himalayan blackberry on the enhancement area. Wet/and Hydr%gylWater Regime The area designated for the wetland creation will be hydrologicaUy supported by natural drainage from the existing wetland. In addition, the proposed grading for wetland creation will intercept the shallow perched water table which is present across the site to create wetland hydrological conditions. The hydrological objective of the mitigation design is to maintain saturated soils to within 12 inches of the surface within the wetland creation area at least Until May I of each year. Goals and Objectives Buffer Enhancement The general design intent of Buffer Enhancement design is to control the groWth of non native invasive shrub species including Himalayan blackberry, and to increaSe the density of native trees and shrubs within the area included in the planting plan. The buffer enh~cement plan involves three objectives: 1. Control the growth of invasive shrubs, including Himalayan blackberry and Scot's broom (Cytisus' scoparius). 2. Increase the overall cover of native trees and shrubs. 3. Increase the native piant species diversity. WETLAND MITIGATION BUFFER ENHANCEMENT MONITORING Standards of Success-Wetland Creation A deterrniriation of the success in achieving the wetland mitigation goals and objectives will be based on the following standards: ' /'~: ' 1 ,. 1 i i : ; , ; A minimum ,80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the mmJmum five year monitoring period. Plant species composition should nieet the intent of the \. ,.>., !i . ". mitigation goals. , ') ; , -. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the minimumfive years of ,the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. , 3. Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Creation and maintenance of a minimum of I,050sq.ft of scrub-shrub wetland combined between the wetland creation and wetland enhancement areas. The wetland creation area shall have a minimum of three native scrub- shrub species within the wetland mitigation area. 5. A water table within 12 inches of the surface through May I oreach monitoring year. Standards of Success-Buffer Enhancement A determination of the success in achieving the buffer enhancement goals and objectives will be based on the following standards t. A minimum SO-percent'average native vegetative cover of trees and shrubs at the end of the minimum five year monitoring period. Plant species composition shall meet the intent of the mitigation goals. 2. IOO-percent survival of planted trees and shrubs at the end of the first year after completion of mitigation work. 3. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the minimum five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for tlle planted species. 4. Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. 5. A minimum of four native shrub species and two native trees species within the Buffer Enhancement area. These standards are to be met within the area included in the buffer enhancement and mitigation planting area, covering approximately 32,660sq.ft. Sampling Methods Vegetative cover will be sampled by measurements along 50-foot long permanently established transects. Data to be collected on these transects include surviving plant numbers and aerial coverage by species. These transects will be located to provide adequate sampling of the different vegetation zones in the mitigation area.,,-~_~L~~~ __ ._. transects will be established to sample the buffer and wetland mitigation areas. Permanent stakes will identify the erier prnntsofeach1:ransect. ----.-.. -.---.-- In addition to the sample transects, permanent photo points will be established from which the mitigation area can be photographed. These photos will provide a pictorial record of the development of the area over time and will be used to supplement the quantitative sample transects. Water levels within the created wetland will be monitored using a shallow monitoring well installed v.~thin the wetland creation area. One monitoring well wi 11 be installed.in the creation area. Monitoring Schedule The project biologist shall provide construction inspection services during implementation of the mitigation plan to et:lsure tha~ mitigation design obj'ectives are being met.' It is important t.ha:t wetland biologist provide observation and consultation services when work is underway within mitigation areas. This is to assure that the mitigation design is being appropriately interpreted and to be available to provide cOnsultation and make adjustments in the event changed conditions are encountered and to identify the specific limits of work: . An initial report descnoing the as-built conditions will be prepared for submittal to City of Renton when construction work has been completed. This report will be prepared upon compJetion of the plantings for. the project and will identify the work completed and docurrient the ~aseline conditions for defining the success of the project in subsequent monitoring reports. Following completion of the project the mitigation areas will be monitored on the following schedule. 1. 2. 3. 4. 5. As-built monitoring to be completed within 30 days after completion. Mitigation grading and plant materials have been installed. Quarterly during the firSt year after installation of the plant materials. . During June or July of the second, third, fourth and fifth years after installation. Final inspection of the mitigation project, five years after the mitigation plantings were installed and the mitigation work accepted as complete. ' Hydrologic monitoring of the mitigation areas will be done' five times· (approximately .J4 day intervals) between March I and May I during the each of the five years of the monitoring period. The wetland biologist will monitor the project on the above schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These . reports will be ~bmjtted to City of Renton within three weeks of completing each monitoring visit. The wetland biologist will prepare a £IDa1 report at the end of the minimum five year monitoring period to be submitted within thirty days of completing the finaI mitigation inspection. This final report will address the success of the project in meeting the project objectives. First Year Quarterly Monitoring Quarterly monitoring during the year following completion of the planting is intended to assure that the plant materials are surviving and the installation has been successful. Monitoring inspections completed during the first year are primarily intended to provide qualitative reports identifying maintenance requirements and to identify any possible remediation measures required to assure that the plant materials have been adequately installed and that other elements of the mitigation plan are in place as intended. . First Year Quarterly Monitoring Standards of Success As-built Report All work is to have been completed and plant materials installed in accordance with the Mitigation Plan. The as-built plan will identify any deviations from the plan where required by conditions encountered. First Quarterly Monitoring Standards 1. Minimum 80 percent survival of planted trees and shrubs, 2. Less than ten percent cover by invasive shrub species. 'I .. " TIle monitoring report wil1 identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed prior to next scheduled monitoring visit. Second Quarterly Monitoring Standards 1. Verify that any maintenance recommendations identified in previous report have been completed as necessary. 2. Less than ten percent cover by invasive shrub species. The monitoring report will identify maintenance· requirements and any adjustments which may-be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments . TIlird Quarterly· Monitoring Standards 1. Verify that maintenance recommendations identified in previous report have been completed as necessary. 2. Less than ten percent cover by invasive shrub species. TIle monitoring report wiJI identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to next scheduled monitoring visit. Fourth Quarterly Monitoring Standards 1. Minimum 100% percent survival of planted trees and shrubs. 2. Less than ten percent cover by invasive weedy species. 3. Verify that maintenance recommendations identified in previous report have been completed as necessary. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or act;ustments. Work to meet the standards shall be completed and verified prior to next scheduled monitoring visit.· Care and Maintenance The mitigation areas shall be examined periodically to determine the possible invasion of weedy pest species such as Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desirable native species. These pest species shall be controIJed as they appear on the buffer enhancement area. Reed canarygrass can be periodically cut to control its growth, and blackberry can be physically pulled out or cut down. Red alder and black cottonwood, or other tree seedlings which may become established shall be thinned to 8 ft. to 12 ft. centers. Irrigation will be rcquiredduring the first summer and possibly during the second summer after installation. Water shaJl be applied as necessary depending· on rainfall and soil moisture conditions. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. Requirements for replacement of" dead plant materials shall be j"qentified during the monitoring inspections. Replanting as necessary will be carried out duriDg the donnant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. Mitigation Construction Schedule Grading work for the wetland creation area should be completed during the summer season when soils are driest and work can be completed with minimal soil disturbance. AiderNW "shall be notified when this grading work is scheduled to be completed to be present to assist in interpreting the intent of the mitigation grading design. Installation of plant materials should be completed during the plant donnant season (November through March). If project schedules require planting at other time, irrigation will be required to support new plant materials. " CIT' OF RENTON Kevin Wyman Mackenzie River Homes 16540 SE 149th Street Renton, W A 98059 Subject: Receipt of Fourth Quarterly Monitoring Report Cherie Lane I Final Plat City of Renton File LUA05-073 Dear Mr. Wyman: Department of Community and Economic Development Alex Pietsch, Administrator I received and reviewed the fourth Quarterly Performance Monitoring Report for the Cherie Lane T wetland mitigation project. This repOJi fulfills your obligation for quarterly monitoring for the first year; you are now required to monitor on a yearly basis for a minimum of four more years. The area must be successfully monit.ored and maintained for a minimum offive years to assure the success of the wetland mitigation project. Please take the necessary measures as recommended by your wetland biologist to secure the survival of the plantings. Of particular note ~re the recommendations to reduce competition for the mitigation plantings through maintenance to keep the invasive cover low and the removal of . garbage onsite. It also appears that children have been playing in the mitigation area, please take measures to increase the awareness of adjacent property owners of the Native Growth Protection Easement. As a reminder, if at any time in the next four years the mitigation project does not meet the established performance standards, the monitoring period will be put on hold until compliance is achieved. Subsequently, the monitoring timeframe Will be restarted and you will once again be required to provide quarterly reports for the first year and annual reports thereafter (for a minimum of five years). If you have any questions, please feel free to contact me. I look forward to receiving your first annual report maintenance and monjtoring report on January 24, 2009. Sincerely, ~LdeJ~··~ ;j:ale Timmons, Planner Current Planning Division CC: City of Renton File No. LUA 05·073 _____ K_Y_le_Le_I_·~-~5-· n_s~_',_::_:_:_:'_:_~_I~_C'_ay-""'_ -R-en-t-on-,-W-a-s-h-in-gt-o-n-9S-0-S-7-------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE / THE~ jAYGROURc April 23,2008 Mackenzie River Homes, Inc. Attn: Kevin Wyman 1200 5th Ave Suite 1711 Seattle, W A 981 01 Re: Cherie Lane Fourth Quarter Monitoring Report City of Renton File LUA 05-073 Dear Mr. Wyman: The .Jay Group, Inc. has been retained to complete the remaining monitoring requirements for the Cherie Lane Prqject. The project site is located near the intersection of Wells Avenue South and South 34th Street, within the City of Renton. It is our understanding that the first three quarterly reports required by the mitigation report have been completed and approved by the City of Renton. ll1e remaining fourth quarter report was completed by AlderNW, but not approved by the City. ll1e purpose of this report it to fulfill the Year One Fourth Quarter report requirement. The .Jay Group, Inc. visited the mitigation site on April 22, 2008 to assess the mitigation areas in regards to the outlined Standards of Success. The three transects established by AlderNW could not be located in the field during this site visit. Therefore, we established four new transects (3-50' transects and 1-100') per the mitigation plan requirements, which will be used for the remainder of the monitoring period to evaluate the identified performance standards. ll1is also included the establishment offive quadrats and seven photo points. ll1e following is a summary of our initial site visit and the results of the mitigation in regards to Year One, Fourth QUaJter requirements. Standards of Success Five specific performance standards were outlined in the revised December 13, 2005 Wetland EvaluationiMitigation Design Report completed by AlderNW. These performance standards were created to evaluate the mitigation project in regards to the three goals identified in the report, which include: (l) Creating new scrub-shrub wetland habitat with four new scrub shrub species and two tree species, (2) Controlling invasive plant growth within the mitigation planting areas, and (3) Enhancing the existing wetland area by planting native trees and shrubs. The following are the standards of success: (1) A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goa is. 19275th Street • Marysville, WA 98270 • Phone: (360) 659-8159 Fax: (360) 651-7252 • Email: kylel@jaygroupllc.com Cherie Lane Year One rourth Quarter Monitoring Report (2) A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. 111is survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, such as reed canary grass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. (3) Less than ten percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. (4) Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. (5) A water table within 12 inches ofthe surface through May 1 of each monitoring year. Methods As mentioned above, four transects, five quadrats, and seven photo points have been established to help assess the mitigation project in regards to the identified Standards of Success. The transects will be used to detennine percent survival for the project and the quadrats will be used to detemline vegetative cover. The transects and quadrats are samples of the entire project and are assumed to represent the trends and conditions of the entire mitigation project. The following is a description of the location and dimensions ofthe transects and quadrats. Transects Four transects were established to measure plant survival, with transect dimensions provided on the stakes. The approved mitigation plan required a minimum of 5-50' transects. Due to the size and shape of the mitigation areas, The Jay Group established 3-50' transects and 1-100' transect. The data recorded fi'om the transects will be used to assess the percent survival of the mitigation plants over the course of the remaining four years of monitoring. The following are the general location and dimension of these transects: • Transect 1 (Wetland Enhancement): Established just east of the wetland creation area adjacent to Wetland A. 111e transect is 50' long by 5' wide and includes Photo Points 1 and 2 at the west end and east end of the transect respectively. • Transect 2 (Wetland Creation): Established west of Transect 1. 111e t.ransect is 50' long by 5' wide and includes Photo Points 3 and 4 at the north end and south end ofthe transect respectively. • Transect 3 (Wetland CreationlBuffer Restoration): Located within the creation area adjacent to Wetland B and the restoration area within the buffer for Wetland B. The transect is 100' long by 5' wide and includes Photo Points 5 and 6 located at the east end and west end of the transect respectively. • Transect 4 (Buffer Restoration): Located along Wells Avenue South. 111e transect is 50' long by 5' wide and includes Photo Point 7 located at the north end of the transect. Quadrats Five Quadrats were established at the ends of Transects 1 through 4. 111e percent cover for trees, shrubs, herbaceous, and total cover was visually estimated. The data recorded within these quadrats will be used to evaluate the percent cover perfonnance standards outlined in the final mitigation plan. • Quadrat 1: Located at the west end of Transect I. The quadrat is 20' x 20'. • Quadrat 2: Located at the north end of Transect 2. The quadrat is 20' x 20'. April 23, 2008 Prepared by: The Jay Group, Inc Page 2 of 8 Jay Group Job #08-0967 Cherie Lane Year onet,urth Quarter Monitoring Report • Quadrat 3: Located at the east end of Transect 3. The quadrat is 20' x 20'. • Quadrat 4: Located at the west end of Transect 3. The quadrat is 20' x 20' • Quadrat 5: Located at the north end of Transect 4. The quadrat is 10' x 20' Results The following sections are a summary of the general observations and data collected from the April 22, 2008 site visit. This infonnation will be used to detennine whether the mitigation areas are meeting the Year One, Fourth Quarter perfonnance standards outlined in the final mitigation plan. Overall Perce'" Survival The overall Percent Survival is 91 % within the four transects. The mitigation plants appear very healthy and well established. The plants should continue to do well, with little additional mortality expected. The percent survival data provided in Table 1 include live, stressed, and dead plants observed in the field. Table 1: Overall percent survival per species for all transects within the mitigation area Total Counted #Dead % Survival Species (Base Line) # Live # Stressed or not (Incl. live & stressed) found Trees: Acer macrophyllum 1 0 0 1 0% Shrubs: Comus stolonifera 41 35 0 6 85% Physcarpus capitatus 9 9 0 0 100% Rosa gymnocarpa 7 7 0 0 100% Salix sitchensis 53 53 0 0 100% Symphoricarpus albus 21 21 0 0 100% Total 132 125 0 7 95% In addition to the transect survival data provided in Table 1, a total plant count was also completed during the April 22 site visit to help provide consistency to the data provided in the first three quarterly reports. TIle plant count was somewhat difficult to obtain because of the time since the plant installation. In addition, a large number of volunteer plants were observed, which made the distinction between mitigation plantings and volunteer plants difficult. Overall, the mitigation project is just meeting the 80% survival rate. Table 2: Total plant count for the entire mitigation project. Symbol Scientific Name Common Name Ce Thuja plicata Western red cedar BlM Acer macrophyl/um Big leaf maple Pw Salix lasiandra Pacific willow Willow Salix sitchensis Sitka willow Osier Comus stolon if era Red osier dogwood April 23. 2008 Prepared by: The Jay Group, Inc Number Planted 33 3 26 288 416 Number Counted 22 2 19 240 289 Percent Survival 67% 66% 73% 83% 69% Page 3 of 8 Jay Group Job #08-0967 Cherie Lane Year One, ourth Quarter Monitoring Report Snow Symphoriearpos a/bus Snowberry 261 246 94% Rose Rosa gymnoearpa Wood rose 224 201 90% Ap pyrus fusea Crab apple 13 11 85% Nb Physoearpus eapitatus Pacific ninebark 59 42 71% Prose Rosa pisoearpa Pea-fruited rose 64 42 64% :::;::~':!:~TI}H,;:;,!' ," ,'J'. ": :;:::,:k::: ::', ,!:~.j ':T~;:: ,';·;::\tlm:\;~ll Total 1,387 1,114 80% Overall Percent Cover Overall percent cover for the mitigation plantings and any invasive species was estimated in the five established Quadrats. The following is a summary of the recorded cover values. Quadrat 1: Overall percent cover for the mitigation plants is 25% with invasive cover at less than 5%. The mitigation plants appeared healthy in this area with many new buds and shoots. In addition, black cottonwood volunteer plants are established that are also adding cover. Quadrat 2: Overall percent cover for the mitigation plants is 30% with invasive cover less than 5%. Many volunteer snowberry seedlings were observed within the quadrat/transect area. Quadrat 3: Overall percent cover for the mitigation plants is 40% with invasive cover less than 1 %. Quadrat 4: Overall percent cover for the mitigation plants is 30% with invasive cover at less than 1 %. Quadrat 5: Overall percent cover for the mitigation plants is 15% with invasive cover at 5%. Photo Poi"t Assessme"t Seven photo points were established by placing a stake at each location with a description of photo directions. 111ese pictures will be used as a visual comparison to assess growth, disturbance, or other changes over the length of the monitoring period. Currently surface ponding/saturation can be seen in both wetland creation areas (Figures 13, 14, & 18). In addition, the mitigation areas appear to have low invasive cover. Figure I: Photo Point 1 -N April 23, 2008 Prepared by: The Jay Group, Inc Figure 2: Photo Point 1 -E Page 4 of {3 Jay Group Job #08-0967 Cherie Lane Year one'urth Quarter Monitoring Report Figure 5: Photo Point 2 - E Figure 7: Photo Point 2 - W April 23, 2008 Prepared by: The Jay Group, Inc Figure 6: Photo Point 2 - S Figure 8: Photo Point 3 - E Page 5 of 8 Jay Group Job #08-0967 Cherie Lane Year One t"ourth Quarter Monitoring Report Figure 11: Photo Point 4 - N Figure 13: Photo Point 4 - E April 23, 2008 Prepared by: The Jay Group, Inc Figure 12: Photo Point 4 -NW Figure 14: Photo Point 4 -SE Page 6 of8 Jay Group Job #08-0967 Cherie Lane Year onelurth Quarter Monitoring Report Figure 17: Photo Point 6 - E Figure 17: Photo Point 7 - N Apri123,2008 Prepared by: The Jay Group, Inc Figure 18: Photo Point 6 - W Figure 18: Photo Point 7 - S Page 7 of 8 Jay Group Job #08-0967 Cherie Lane Year One rourth Quarter Monitoring Report General Observations/ Recommendations Maintenance should continue on the site to help keep invasive cover low and reduce competition for the mitigation plantings. Also, some garbage was observed along the perimeter ofthe mitigation areas, which should be removed as part of the maintenance activities. FinaUy, it appears that children have been playing within the mitigation areas and have pulled up a number of the red osier dogwood plants. Adjacent property owners may be contacted to increase awareness oflhe purpose and requirements of the NGPA, which could help reduce these types of impacts. Conclusion Overall, the Cherie Lane mitigation project is meeting the Year One, Fourth Quarter performance standards. The mitigation plantings appear generally healthy and well established. TIle following is a summary of how the site is doing in regards to each performance standard. (1) The mitigation plantings had an average 30% aerial cover within the five recorded quadrats. TIle plants appear to be growing well and should continue to increase the total aerial cover over to reach the 80% threshold by Year Five. (2) TIle total percent survival for the entire mitigation site is 80%, which meets the Year One requirements. The large number of snowberry and rose volunteer plants should help increase the plant cover and survival numbers. (3) Less than 5% cover was observed within each of the five quadrats. Overall, invasive cover throughout the mitigation areas appeared low. (4) Surface ponding and saturation was observed within both creation areas. (5) Surface ponding and saturation was observed within both creation areas. The mitigation areas appear to be on track to meet the Year Two performance standards. Continued maintenance should occur to help keep invasive plant cover low. If there are any questions regarding this project, please call our office at 360-659-8159. TIlank you. Kyle Legare, Wetland Ecologist/Certified Arborist The Jay Group, Inc. April 23, 2008 Prepared by: The Jay Group, Inc Page 8 of8 Jay Group Job #08-0967 From: To: Date: Subject: Hello Mr. Wyman, Rocale Timmons Kevin M Wyman 04/15/2008 1 :06:33 PM Re: Cherie lane LUA 05-073 I am sorry I missed your call I have been in a hearing this morning. In our conversation a couple of days after you receive the first letter (dated 3/13/08) I believe I said I would contact you if the reports for Cherie Lane I and Cherie Lane II were not received by the deadline noted in the letter. Tllere was no need to contact you because the reports were received by that deadline. But that is neither here nor there. I am willing to grant you a 1 week extension to send in a revised report for Cherie Lane I. I understand that you will be contracting with a different wetland firm in the future. The revision for the Cherie Lane I report should not be that intensive. The current report eludes to fact that the project is meeting the performance standards however there were not clear statements to this effect. The revised report should just include clear statements that the project is meeting each performance standard, #2 and #3 specifically. Tile new deadline for the revised report will be April 25, 2008. If you have any further questions or concerns feel free to contact me. Thank you. Rocale Timmons City of Renton Development Services 1055 S. Grady Way Renton, WA 98057 (425) 430-7219 (425) 430-7300 rtimmons@ci.renton.wa.us >>> Kevin M Wyman <kevin@mackenzieriverhomes.com> 04/15/2008 11 :48 AM >>> Rocale. I left you a voicemail willi lhe same info but wanted to follow up with email so we can keep track of where we are. We received a letter from you, dated 3/13/08, requesting more information for the fourth quarter monitoring report for Cherie Lane. You and I talked a couple days later and you expressed that, having just taken over for Andrea, you were playing catchup and would look in to whether Mr. Munger of Alder NW had supplied the information yet. You were going to follow up with me in a "week or so." As I expressed in our conversation, Mr. Munger has a reputation for not being timely in his efforts and I would look into replacing him and his wetlands firm if necessary. Having never received a phone call from you, I have just now received another letter from you, dated 4/9/08, postmarked Friday 4/11/08 and received on 4/15/08, requesting the information be provided by 4/18/08. Obviously 3 days is not sufficient time to provide the information you requested. I have, this morning, contacted another wetlands firm we have a relationship with to see if they are willing and able to take over the Cherie Lane monitoring. Had you called I could have made the Rocale Timmons -Re: Cilene lane LUA r 73 contact three weeks ago. At this point we are requesting more time to get the new wetlands monitoring company on board and up to speed. This will allow us to have your existing information needs addressed, and assure the monitoring into the future can be done with less headache for everyone involved. It is unfortunate that this situation has come to pass but since neither my company nor the City of Renton keeps a wetlands engineer on staff we are at ttle mercy of the market. We will do our best to get things back on track as soon as possible. Sincerely, Kevin M Wyman President Mackenzie River Homes Inc kevin@mackenzieriverhomes.com <mailto:kevin@mackenzieriverhomes.com> (206) 515-4510 0 (206) 419-0349 c (866) 817-3376 f cc: Steve Beck Page :2 .,.CIT.F .. RENTON·. Department .of Community and' . Denis'Law, Mayor . . Economic: Development' Alex Pietsch, Administrator' April 9, 2008 Kevin Wyman' Mackenzie Rived-IOJiles 16540 SE 1491h Street Renton, WA 9805~ Sllb,jccl: . ilcYision Request for Fourth Quartcrly Maiiltcnance a:nd MOQit,ori'ng RCllort ' Cherie Lane [Fil1alplat ". . . . .. . , City ofRentonFiltU:aAD."S~Q1D. , ',' Dear Mr. Wyman: [recti veel the fourth quarterlY'monitollng report for the wetland mitigation pfbject a(Cherie L.ane I, hciw~ver there is insllfficieht:)rlfornlation to deterrn,lne, that thei:>foJ¢6t 'is meeiing,perfoll11ance . : standards. , ,'. " . . . . Two,copies of il revised ;fOLlrihql,larte~ly mOTlitoring ,I'ep~rt ci're.cllle.to tile City by-April·IB. 2008 . clellrly. stating ·that 'theproject .is·.rileetirg perforni·al1ce.s.t~lldar~st an,eI'oJ ·specific·ally ... [f Y9U ha\I~·.: anyqllesticin·slcanb.ereached.at·(4~5}430~7~.19:. ' '.: 0" 1 . '. • , .' " .. '.'. ",' .,. '. , Sincerely, ' ~4dJ~ ........ . . ,'.' . . . RoCaleTiminons;.Planner . . ClIrtent PlannillgDivision'; . .. cc: City of Rento.n Fil.c No. LUA05-07J Paul Saker, Code Compliance Inspector . . Garet'Munger, AlderNW '. ' . " ( ",,' ' .. . . .. . ", . ,- " ' .. " . ,. , ; i., .', ' . .< ... ~ - -;. ~ -~""'----'-'~1-05-5-. S......,ou-t'-~D.:.-r-ad-Y-:-w-a-'~-:-.·~ -'Re-' n"'-to-il,-W-:as-'-iin-' gt-o-n...,.... 9-8-05~7";"': .--:.:.._ . ...:.-.,..:--'-....:....-.,;0' R E· 'N T 0 '·N' ~' ···AI~EAQ op·T'HII (:URVE' . '=' .Thls pape; co~ia.ins 500A, recycled materi~l. 30% posllXlnsumer . ; . .,', • AlderNW April 1, 2008 Project No. 51] 03 Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: Fourth Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington Dear Mr. Wyman: In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on January 24, 2008. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13,2005, by AlderNW. Standards of Success The following standards were listed in the Final Wetland Mitigation Plan and MaintenancelMonitoring Plan dated December 13, 2005 for tile project: I. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item 1. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree species within the wetland creation area and two tree species on the enhanced buffer areas. With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the end of each of the five years of the monitoring period. Wetland Hydrplogy 518 North 59th Street, Seattle. Washington 98103· Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman April 1, 2008 .... There was surface water present within the two wetland creation areas at the time of the monitoring visit on January 24, 2008. The wetland hydrology standard is being met for the project. Plant Survival A count of the surviving plant materials was completed in October, 2007. Results of the count of the plant materials surviving at the end of October, 2007, were presented in the monitoring report dated November 8, 2007. For species other than willow and red osier dogwood, the overall survival mte was approximately 82% (657 on plant schedule! 538 surviving). This survival rate met the survival standard of 80%. Supplemental plantings of willow and red osier dogwood were made after the site visit in October, 2007. The supplemental plantings of willow and red osier dogwood were marked with flagging. I counted a total of 127 new willow slips and 215 new red osier dogwood slips on the mitigation areas. These numbers represent approximately 50% of the willow and dogwood included on the original plant schedule. I also made a total count of surviving willow and red osier dogwood present on the area on March 25, 2008 after receipt of letter dated March 17, 2008 from Ms. Rocale Timmons, Planner with City of Renton. These numbers are included on the attached Table I. With the supplemental plantings of willow and dogwood, added to the original planting, the number of surviving plants meets the minimum survival mte standard. (1129 counted surviving/1387 plants on plant schedule = 81 % ). Vegetgtiye Cover Measurements of plant cover along the sample transects were not made during this winter time monitoring visit when the plant materials are in dormancy. A survey conducted at this time of year would not be representative of the level of plant cover for use in assessing the level of growth over the five year monitoring period. Plant cover measurements along the sample transects will be made during the annual monitoring visits to be conducted during June or July. RecommendationB Other than continuing periodic maintenance to remove trash as it may appear on the area, no additional work is required at this time. It should be anticipated that continuing work to control Himalayan blackberry will be required as indicated in tile original mitigation plan for the project. If you have any questions or require additional information, please call. Sincerely yours, A1~ERNW d?~~g~ Enclosures: Table 1 Count of Surviving Plants Project No. 51103 Page No.2 , Ce BLM Pw WiIIow osier snow rose Ap Nb Prose TABLE 1 CHERIE LANE COUNTOFSURVnnNGPLANTS SYMBOL SCIENTIFIC NAME COMMON NAME Thuja plicata Western Red Cedar Acer macrophyllum Big leaf maple Salix lasiandra Pacific willow Salix sitchensis Sitka willow Comus st%ni/era Red-osier dogwood Symphoricarpos alba Snowberry Rosa gymnocarpa Wood rose Pyrusfusca Crab apple Physocarpus capitatus Pacific ninebark Rosa pisocarpa Pea-fruited rose QUANTITY (33) 23 (70%) (3) 2 (66%) (26) 8* (31%) (288) 269* (93%) (416) 314* (75%) (261) 233 (89%) (224) 198 (88%) (13) 8 (62%) (59) 32 (54%) (64) 42 (66%) Number in parentheses is quantity on original plant schedule, bold figures indicate number surviving and percent survival. (*) Full count of willow and red osier dogwood was made on Apri125, 2008 Overall Survival rate 112911387 = 81 % . ,; . , ' • .ClTYI' F ,::RENTON>.· , .'. partmentof~~mmtm,ity and: Denis Lnw,'Mnyor . Economlc.Development . Alex PietSch; Adinhtlstrator·: . . . March J 3, .2008 Kevin Wyman Mackenzie River Homes 16540SE J 49 th Street Renton, W A 98059 Subject: ' Additiol1alrl1fon~ation for Fourth Quarterly Maintel1ail~e and. Monitoring Report· . . Cherie. Laiie .T Final Plat e;:tY'11f;Refl1~n·]l\iJe'[UA 03~073~"'-:---:--.-:.> . . ~-------. . -~----------') Dear Mr, Wyman:. I, :, T recei ved the .fourth CJuarterly ll1aintetianc~ andri;o;lito;·ing·rel)Ort'for.'the Cherie"Lane'! ~et{arid . il1itigation IJroje,ct on Febru<iry 18,'2008.Yqur biol~gistdid not clearly state tliauhe perf6~inarice . standard for species survival rate has beeJl met, specificafiy in regards tothe wil10wand red os~er . 'dogwooc\.pJ3ntings, ".. . . . Because this is. the'· fi~aICJlIafter-1y"rnonitoring relJort; I i;vill ne~d betterconfi~niation fTo'rn y'bur Diologist stating tha nh680% surVival tate standard has ·peen n;et.,This shouldinch.J.de th.e·· . . ... sLirvival rate w(lIows und dogw~ods;Please sdbmit t~b'copiesQftlie statement-to .rilY·attentiorl:no ' '."' I,ater than March 31; 2008. Ci ty.: staff wi!.! 'in~pect;ti;f;"I?roject aft,er. tjle si:Jppiemeht~Linformation '. hilS been recei:ved: PJeasecontact me.\vithatly'questions (425) 43cr~7219:" '. -" '.< ' . . , . . . '': .. , I,' ';' . Sincerely, .' , ,,' .. ·:-42v(e~J.'~~_ '.' ]~Ja Ie Ti mill01~s,Planner ;,' ' ."" .. , Developn"el'itSeri';ice~ Divlsion·· cc: City-of Ren'(on File No, LUA 05"073 Pa~iI. Baker,· Code, Compliance IIl'speclor GaTel Munger, AlderNW ",.' ., .... , . 'J ", . . ". ' . ..... .. - .'" . . ':: . . . ' t, • .. • AJderNW February 10, 2008 Project No. 51103 Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington SUbject: Fourth Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington /\_~ r ; ~ ~ '"' ." ... '~~"'-'-'\ )C:.. '-~~,.. . ~ Dear Mr. Wyman: ( ~ ~~¢).-(:r~.J ---4 . .-.~.; In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on January 24, 2008. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13,2005, by AJderNW. GenemI conditions within the mitigation area are illustrated in the attached photographs. Standards of Success The following standards were listed in the Final Wetland Mitigation Plan and MaintenancelMonitoring Plan dated December 13, 2005 for the project: 1. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. 111is survival rate is established as a goal and may be adjusted where natumI regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May 1, measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree species within the wetland creation area and two tree species on the enhanced buffer areas. With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the end of each oftbe five years of the monitoring period. 518 North 59th Street, Seattle, Washington 98103· Phone (206)783-1036 email aldernw@comcast.net ( , ,. ..., i .' ,- },' ;J .•..• ~ . , " j, " ,j ,) .' ,II, :': ... ' Mr. Kevin Wyman February 10, 2008 Wetland Hydrqlogy • There was surface water present within the two wetland creation areas at the time of the monitoring visit on January 24, 2008. The wctland hydrology standard is being met for the project. Plant Surviyal A count of the surviving plant materials was completed in October, 2007. Results of the count of the plant materials surviving at the end of October. 2007, were presented in the monitoring report dated November 8, 2007. For species other than willow and red osier dogwood, the overall survival rate was approximately 82% (657 on plant schedule! 538 surviving). This survival rate met the survival standard of 80%. A new count of surviving plant materials was not made during this winter monitoring visit. Deciduous trees and shrubs are dormant at this time of year and do not show outward signs of survival and growth. A full count of plant materials will be conducted during the next scheduled monitoring visit. A full count of the surviving willow and red osier slips was not conducted due to the larger number of individuals involved. Based on a count of surviving individuals within a smaller sample area, the survival rate for the willow and red osier dogwood slips was approximately 60% at the end of May, 2007. There is evidence of natural regeneration of willows where survival has been low. Supplemental plantings of willow and red osier dogwood were made after the site visit in October, 2007. The supplemental plantings of willow and red osier dogwood were marked with flagging. I counted a total of 127 new willow slips and 215 new red osier dogwood slips on the mitigation areas. These numbers represent approximately 50% of the willow and dogwood included on the original plant schedule. (127 willow replacements/288 on plant schedule = 44% willow replanted; 2) 5 dogwood replacements! 416 on plant schedule = 52% dogwood replanted) With these supplemental plantings of willow and dogwood, added to the original planting, the number of surviving plants exceeds the minimum survival rate. A better assessment of the success of the willow and dogwood plantings can be made during the next scheduled monitoring visit when there will be new growth. vegetatiye Cgyer Measurements of plant cover along the sample transects was not made during this winter time monitoring visit when the plant materials are in dormancy. A survey conducted at this time of year would not be representative of the level of plant cover for use in assessing the level of growth over the five year monitoring period. Plant cover measurements along the sample transects win be made during the annual monitoring visits to be conducted during June or July. Recommendations Other than continuing periodic maintenance to remove trash as it may appear on the area, no additional work is required at this time. It should be anticipated that continuing work to control Himalayan blackberry will be required as indicated in the original mitigation plan for the project. Project No. 51103 Page No. 2 " ' • Mr. Kevin Wyman February 10, 2008 • TIle next monitoring inspection for the project is scheduled to be conducted during the month of, June or July, 2008. If you have any questions or require additional information, please call. Sincerely yours, AIfERNW ~~?~M Garet P. Munge; , ' ••• _, Enclosures: Photos of Mitigation Area (January, 2008) Project No. 51103 Page No. 3 ·' . • Photo 1 January 24, 2008 Cherie Lane View looking west showing buffer restomtion north side of South 35th Street. • ... . • Photo 2 January 24, 2008 Cherie Lane Wetland Mitigation View looking south across north side ofNGPA Tract. • • Photo 3 January 24, 2008 Cherie Lane Wetland Mitigation View looking west along south side of South 34th Place. ...... . -• Photo 4 January 24, 2008 Cherie Lane Wetland Mitigation View looking west south across mitigation area southwest corner of project. AlderNW February 10, 2008 Project No. 51103 Mr. Kevin M. Wyman Mackenzie River Homes Renton, Washington Subject: Fourth Quarterly Monitoring Report Wetland Mitigation Area Cherie Lane Renton, Washington Dear Mr. Wyman: In accordance with monitoring requirements for the Wetland Mitigation Area in Cherie Lane, I conducted a monitoring visit on January 24, 2008. Mitigation was required for the project to compensate for wetland and wetland buffer impacts resulting from construction of the project. The mitigation design for the project is presented on the Wetland Mitigation Plan, dated December 13, 2005, by A1derNW. General conditions within the mitigation area are illustrated in the attached photographs. Standnrds of SUCCe.Ci§ The following standards were listed in the Final Wetland Mitigation Plan and Maintenance/Monitoring Plan dated December 13, 2005 for the project: 1. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item t. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted speoies. 3. Less than ten percent cover will be maintained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May I, measured consecutively, for each year during the monitoring period. 5. A minimum of three native tree species within the wetland creation area and two tree species on the enhanced buffer areas. With the exception of item 4 of the Standards of Success, these standards are to be achieved at the end of the five years of the monitoring period or at the end of each of the five years of the monitoring period. 518 North 59th Street. Seattle. Washington 98103· Phone (206)783-1036 email aldernw@comcast.net Mr. Kevin Wyman February 10, 2008 Wetland Hydrqlpgy There was surface water present within the two wetland creation areas at the time of the monitoring visit on January 24, 2008. The wetland hydrology standard is being met for the project. Plant Survival A count of the surviving plant materials was completed in October, 2007. Results of the count of the plant materials surviving at the end of October, 2007, were presented in the monitoring report dated November 8, 2007. For species other than willow and red osier dogwood, the overall survival rate was approximately 82% (657 on plant schedulel 538 surviving). This survival rate met the survival standard of 80%. A new count of surviving plant materials was not made during this winter monitoring visit. Deciduous trees and shrubs are dormant at this time of year and do not show outward signs of survival and growth. A full count of plant materials will be conducted during the next scheduled monitoring visit. A full count of the surviving willow and red osier slips was not conducted due to the larger number of individuals involved. Based on a count of surviving individuals within a smaller sample area, the survival rate for the willow and red osier dogwood slips was approximately 60% at the end of May, 2007. There is evidence of natural regeneration ofwiUows where survival has been low. Supplemental plantings of willow and red osier dogwood were made after the site visit in October, 2007. The supplemental plantings of willow and red osier dogwood were marked with flagging. [counted a total of 127 new willow slips and 215 new red osier dogwood slips on the mitigation areas. These numbers represent approximately 50% of the willow and dogwood included on the original plant schedule. I (127 willow replacements/288 on plant schedule = 4~% willow replanted; 215 dogwood replacementsl416 on plant schedule:;;' 52% dogwood replanted) With these supplemental plantings of willow and dogwood, added to the original planting, the number of surviving plants exceeds the minimum survival rate. A better assessment of the success of the willow and dogwood plantings can be made during the next scheduled monitoring visit when there will be new growth. Vegetative Cover Measurements of plant cover along the sample transects was not made during this winter time monitoring visit when the plant materials are in dormancy. A survey conducted at this time of year would not be representative of the level of plant cover for use in assessing the level of growth over the five year monitoring period. Plant cover measurements along the sample transects will be made during the annual monitoring visits to be conducted during June or July. Recommendations Other than continuing periodic maintenance to remove trash as it may appear on the area, no additional work is required at this time. It should be anticipated that continuing work to control Himalayan blackberry will be required as indicated in the originaI mitigation plan for the project. Project No. 51103 Page No. 2 Denis Law, Mayor February 6, 2008 Kevin Wyman 'Mackenzie River Homes' 16540 SEI491h S~reet Renton, W A ·98059 I . CITY ~F' RENTON;' " . ,) . . Planninglijuilding/.PubJic.Wprks Departin~nt '.: . . GreggZlinmerin'illi P;E., Administrator ',: , '. . . , .' . . . , . Subject: R~que~tfor F6tJfth 'Quarterly Majntcnnncean~1 Monitoi'ing Report Cheri.e J,.ane, I Final,PIat. '. . . Ci!'yofRenton"File·t.UA05-073, . ., , '. Dear Mr, Wyman: . ' ... , This letter j·s·to in foml: Y~~l that' ·ti1e;iQ~I~h :Ci~larterly l~ii'nterii;lce·andinbnitohng. report for the , . Cherie Lalie.I wetland.mitig,atip'ii p:.oj~ct was due to the' CitY'qfRenton on Jamiary" 2M.2008:". Please submit two hard cojJies'of th~,.:r.ep'oi-tto my attention by.Fe1)iuary 1'8;'2008..' '. . ' . . ., : .. '.~ ~ :.~. ' . , , ' ',. , , .' ,,' .. .: ' If YOLI haveany.qlleStiohsi:piea~r Frde\o c6nt~cL.111e,at:(425) 430~7270:'L' . , . . . . , '. '. ." ... ." " :i . ." ... ' "'~:.;('. ~.' ..... '.' ," ~: 'Sincer. ely, ", .......... ':' ... . ,',I . . "i'- Andrea p"'e't\.z/'e'--l,./planne~~:'::' .. ~. ""', 'DeveJ'opmGnt S,ervices Divisiorl' ,>':: ' ', .. ", .. " , cc: . '. . . . . . . . .. .) ~I ,! ',. ,. l ~ .'1. ".' ':-. '~'.:.I , .. ~.,<,. t': •. , ,> >. ~':"'" . City 0fR~nton:File No:: \P~05:o,?~ .:. :.' . P041.aaker,.Co.de' Ctln,lrl!a~geJl1spc~tor . GaretMunger,:AlderNW> . , ',\" <. , ; .' -.. ~. ,r:: .. :' \': '.' . . .;'. , i.··.· '. '," ".' J • ." )', '.r ,", .:", .' .; " .... .. ,", '. " . :. ~ ). " .... r" ',. . . ' , ~;' . , . , ., . " . .. . .... .' .. ,' ., ,':: ., :, • 'i t ,,' ..... . ' 1,_ f •• " .' ., , .... ,::,.' ., ",0 .;.' . ',.' ~. . ', • I .. r. :.' ", .. ' .... ',' '. , . . : . ' .. " ", . ~. . , ',. "', " '"J . .. , , : • ~ c" , " \ ' ,,', WETLAND MITIGATION DESIGN EXISTING SITE CONDITIONS The subject property is an approximately 5 acre property located in the 3400 block of Wells Avenue South. At present the property is undeveloped and is occupied by a mixed conifer-deciduous forest stand of composed of mostly deciduous trees. Oregoo ash (Fraxinus lati/olia), red alder (Alnus rubra) black cottoowood (Populus balsamifora), and some big leaf maple (Ace, macrophyllum) are the commoo deciduous trees species on the property. Western red cedar (Thuja plicata) is the common deciduous tree present on the property. Salmonberry (Rubus spectabilis), snowberry (Symphoricarpos alba), and Himalayan blackberry (Rubus discolor) are the commoo shrub species present. It appears that there has been some minor grading work 00 the property. Surface soils and vegetation show evidence of disturbance 00 a swath generally crossing the central section of the property from east to west. The Preliminary Geotechnical Evaluatioo and Coal Mine Hazard Assessment dared May 28, 2003, by Icicle Creek Engineers, identifies an area of coal mine hazard on the southwest corner of the property. The Wetland EvaluationlMitigatioo Concept report dated November 13, 2003, and a letter dared February 9, 2004, describe undeveloped site conditions and present a conceptual wetland mitigatioo plan for the project. The wetland mitigatioo design presented here is based on the mitigation concept presenred in those reports. WETLAND AREAS There are two wetland areas on the property. Wetland A is the larger of the site wetlands with an area of approximately 16,340sq.ft. Wetland B is a small isolated area of approximately 1,204sq.ft near the southwest property comer. It is located within the area designated as high coal mine hazard. Wetland A is an "L" shaped wetland occupying a centraI locatioo on the property. Hydrologically the wetland is supported primarily by near surface seepage drainage into the wetland. Wetland A is designated as a City of Rentoo Category 3 Wetland and is assigned a 25 foot buffer. Wetland B is a small isolared area within the coal mine hazard area 00 the southwest comer of the property. It is a small area of emergent vegetation dominared by creeping buttercup within the surrounding forest. This wetland has been designation as a City ofRentoo Category 3 wetland. The wetland and surrounding buffer is enclosed within the limits of the coal mine hazard area. PROPOSt:D DEVELOPMENT It is propo.ed to develop the property for constructioo of a 16 lot residential development. Engineering drawings for the proposed constructioo have been prepared by Core Design, Inc. Access to the proposed residential building lots will be provided by constructioo of an access road whicb enters the site from Wells Avenue near the northeast comer of the property. The road system will also connect with the extension of Wells Avenue in residential development south of the property. Coostruction of the road to ccnnect with the road for the project to the south will req! > ire filling approximately 2,770sq.ft of Wetland A With constructioo of the roadway, there will be reduced buffer width between the now construction an" the wetland boundary at three locations. This area where the buffer will be less than the minimum required 25 fuot buffior, is being counted as an indirect wetland impact and is included in the calculatioo of the wetland mitigatioo lequiremeots. The area calculated as paper fill is approximately 1,87Isq.ft. The combined wetland impact from the proposed construction is approximately 4,641sq.ft. which includes the 2,770sq.ft whicb will be filled for constlUction of the roadway and the I,87Isq.ft of wetland where there will be less than the minimum 25ft buffior. The project win set aside approximately 86,563sq.ft in Tract A which includes the wetland and upland buffior, along with the area covered by the coal mine hazard area. Approximately 40% of the 5 acre property is included in Tract A Wetland Mitigation Requirement. Where there is no feasible development alternative whereby wetland and buffer impacts can be avoided, and where impacts to the wetland and buffers are minimized to the extent possible, the City of Renton Critical Regulations allow wetland and buffer impacts if there is compensation for any permanent wetland or buffer impacts (4-3-05-M8). The City of Renton requires that "The overall goal of any compensatory project shall be no net loss of wetland fonctioo and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of "no net loss" means to create, restore andIor enhance a wetland so that there is no reduction to total wetland acreage andlor function." (4-3-05M9a). The Critical Area Regulations (4-3-05M9 throughMl2) provide gnidance for determining appropriate compensatory mitigation ratios to meet the mitigatioo goals. Mitigation can be provided by creation of new wetland or by a combinatioo of wetland creatioo and enhancement of an existing wetland. The standard mitigation ratio for impacts to Category 3 forested wetlands is 1.5 : I (Wetland Area Creared : Wetland Area Impacted). This ratio can be adjusred where a combinatioo of wetland creation and wetland enhancement is proposed. If a combination of creation and enhancement is to be used; the mitigation shall include wetland creation at a minimum ratio of I : I and wetland enhancement at a ratio of I : I. For construction of the roadway, 4,64lsq.ft of the wetland habitat will be impacred. Mitigatioo for the impact to the wetland will be provided by creation of a minimum of 4,650.ft. of new wetland and enhancement of 4,650sq.ft of the wetland. New wetland area will be creared by excavating to match the grade of the adjacent wetland to allow overflow from the wetland into the mitigatioo area. Enhancement of the existing wetland will be carried out by making plantings of native trees and shrubs to accelerate the establishment of native scrub-shrub habitat on sections of wetland where there has been disturbance and there is sparse shrub and tree growth. Enhancement will also involve maiPtenance work to control the growth of non native invasive species on the area designared as the mitigation area. There will also be temporary disturbance to portions of the buffer, where grading to reach design road grades involves some grading within the Wetland Buffer. Additiooally there will be temporary disturbance for oonstructioo of the stonn drain line across the wetland to reach the storm water treatment vault in the northwest comer of the project. These areas of temporary disturbance are included in the mitigation planting plan. Goals and Objectives The general goal of the mitigation plan is to create a wetland habitat area which has comparable or greater function as is found in the existing wetland to be impacted. This goal will be accomplished by replacing the area to be filled with new wetland, and by enhancing portions of the existing wetland and buffer. With completioo of the mitigatioo design plan the totaI wetland area on the project will be expanded. The wetland mitigatioo design involves three general object6ives: I. Establish new scrub-shrub wetland habitat which mimics native plant communities on a minimum of 4,650sq.ft. of created wetland area, having a minimum of four wetland shrub species and two wetland tree species. ., 2. Control the growth of invasive plants, including Himalayan blackberry and Scot's broom on the areas included in the mitigalioo plan. 3. Enhance existing wetland area occupied by emergent habitat to establish 4,650sq.ft "f scrub-shrub habitat with a minimum of four native shrub species and three native tn;e species. Wetland HydrologylWater Regime The area designared for the wetland creation will be hydrologically supported by natural drainage from the existing wetland. In addition, the proposed grading for wetland creation will intercept the shallow perched watertable which is present across the site to create wetland hydrological conditions. The grading plan for the new wetland area will be designed to match the elevations in the adjacent wetland with the intent of allowing surface and subsurface water to spill into the newly created wetland area. The hydrological objective of the mitigation design is to maintain satorared soils to within 12 inches of the surface within the wetland creation area at least until May I of each year. WETLAND MITIGATION MONITORING Standards of Success ... ., .. ", \ A determinatioo of the success in achieving the buffior/wetland mitigatioo goals and objectives will be based on the following standards: I. A minimum SO-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the five year monitoring period. Plant species composition should meet the intent of the mitigatioo goals. 2. A minimum of 80-percent survival of plan red trees and shrubs at the end of each of the five years of the munitoring period. This survival rate is established as a goal and may be adjusted wbere natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, sucb as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planred species. 3. Less than ten percent cover will be maimained within the designated mitigation areas by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Satorated soils to the surface throughout the limits of the wetland creation areas at least until May I, measured consecutively, for each year during the monitoring period. 5. A minimum of three native t.ree species within the wetland creatioo area and two tree species on the eobanced buffer areas. Sampling Methods Vegetative ccver will be sampled by measurements along 50-foot long permanently established transects. Data to be collected on these transects include surviving plant numbers and aerial coverage by species. These transects will be locared to provide adequate sampling of the different vegetation zones in the mitigation area. A minimum of five transects will be established to sample the buffer and wetland mitigation areas. Permanent stakes will identify the end points of each transect. In additioo to the sample transects, permanent photo points will be established from which the mitigation area can be photographed. These photos will provide a pictorial record of the development of the area over time and will be nsed to supplement the quantitative sample transects. . .. '- APPROXIMATE SCALE 60 o 60 120 feet '" "" ."'-... "" ...... ----------~-,......-- "" .. '"." ..... eiHJ'L.i;j~oir ; , .. _=U':;;;;-"~=~;..:;'~;.::., '~N;"ii_l'i_' Monitoring Scbedule The project biologist shall provide construction inspection services during implementation of the mitigation plan to ensure that mitigation design objectives are being met. It is important that wetland biologist proVIde observatloo and consultatioo services wbeo work is underway within mitigation areas. This is to assure that enhancement design IS being appropriately interprered and to be available to provide consultation and make adjustments in the event changed conditions are encountered and to identify the specific limits of work. An initial report describing the as-built cooditions will be prepared for submirtal to City of Renton when constructi~n work has been completed. This report win be prepared upon completion of the plantings for the project and ~ll identify the work complered and document the baselinc ccnditions for defining the success of the project m subsequent monitoring reports. Following ccmpletion of the project and acceptance of the plantings the mitigatioo area will be monitored on the following schedule. I. 2. 3. 4. 30 days. after completion Quarterly during the first year after installation of the plant materials. Monitoring shall be conducred during the months of March, June, September, and December. During June or July of the seeood, third, fourth and fifth years after installatioo. Final inspection of the mitigation project, five years after the mitigatioo plantings were installed and the mitigatioo work accepted as complete. The wetland biologist will monitor the project on the above schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance. or re,mediation. These rts will be submitted to City of Renton within two weeks of completing each momtonng VISIt. The wetland ::;'ogist will prepare a finaI report at the end of the five year monitoring period to be submitted within. thirty days of ccmpleting the finaI mitigatioo inspection. This final report will address the success of the project m meetmg the project objectives. Care and Maintenance The mitigation area shall be examined periodically to determine the possible invasioo of weedy pest species suchas Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desrrable native species. These pest species shall be controlled as they appear on the buffer enhancement area. Reed canarygrass can be periodically cut to control its growth, and blackberry can be physically pulled out or cut down. Red alder and black cottonwood, or other tree seedlings which may become established shall be thinned to 8 ft. to 12 ft. centers. Irrigatioo will be required during the first summer and possibly during the second summer after installation .. Water shall be applied as necessary depending on rainfall and soil moisture conditions. Imgatloo may be proVIded by instaIlatioo of temporary irrigation pipes or by water trucks. Requirements for replacement of dead plant materials shall be identified during the munitoring. inspection. Replanting as necessary will be carried out during the dormant seasoo. Trash and effects of Vandalism shall be removed as soon as possible after appearance in the area. '''' ~ • ( N '" N . ~ 0-M I --.. , N --- ~ C2:> \) J '4 / o.i' 1- DEVELOPMENT PLAN t .N' ~ APPROXIMATE SCALE 50 0 50 l00feet ---------._----- Install Fence to mark Limits of NCPA Tract. Grading for mitigation area to be completed in association with grading to fill mine sink holes. Weiland Creation 1,700sq.ft._----' Be/ow elev. 184 12 g 16 Mitiqat/on Access Restore after millgalloni grading work finished 5 ft. imbed 2 ft. (min. in quick-set caner tE L~ NATIVE GROWTH PROTECTION AREA I I THIS STREAlI. 1IETLAND. AND UPlAIID BUFF'ER ARE PROTECTED TO PROVIDE 1rILDUFE HABITAT AND IWIITAIN lrATER QUAIJTY. PlEASE DO NOT DISTURB THIS VAWABLE RESOURCE. 12"x 18" N.G.P.A. Sign as shown above Or Equivalent 4"x 4" pressure treated post .---- ,- '"!i oi-;: '-c::. 11 1 2 t j{ ~ APPROXIMATE SCALE 50 0 50 100fee! -----.--. _ ..... -- Install Fence to mark Limits of NCPA Tract. .", /- NCPA SIGN LOCA TlON (typical) Split Rail Fence r • " ~ -::-~ ~ -I , \ \ -\ .::~ ~. ~ ---~¥ I . --- \ , , FlIlal Fence Design by Others Feoce to be installed marking boundary of Sensitive Area T roet \ .\ Wet/and FIJI Indirect Wetland Impact (Paper fJ!I) Toto/ Wetland Im/Jact 2, 770sq. ft. J,871sq. ft. 4,64 J sq. ft. Wetland Creation Area 4, 900sq. ft. Wetland Fnhancement 5, OOOsq. It. Total Wet/and Mitiqation Area 9, 900sq. It. NGPA FENCING REVISION \ RENTO BUILDING DIVISION APPROVED For Construction Cc"'" co" rr,eegi iccjln/ t~c: B\'~ .i_J?(Zrfc6 j APPROXIMATE SCALE 50 o 50 100 feet --------------- Grading for mitigation area to be completed in association with grading to f1'l1 mine sink holes. Wetland Creation 1.700sq.ft. ____ r Below elev. 184 GRADING PLAN ~ ""'0 16 ! 2 Mitigation Access Restore after mitigationi grading work finished .. -----.. ---~- CONSTRUCTION NOTES I. Prior to beginning any work, a pre-construction meeting will be held for review of procedures, project scheduling and availability of plant materials. Representatives of City of Renton, project owner, participating general and landscape contractors, and AlderNW shall be invited to attend this meeting. 2. Prior to beginning site work, Temporary Erosion Control fencing shall be installed to identilY the limits of clearing along the east side of the proposed building. See plans prepared by CORE Design for fencing details. 3. 4. 5. 6. 7. 8. 9. 10. II. Finish grades in wetland mitigation area sba.ll Ile reviewed in the field before beginning work and may be adjusted as necessary t" match existing elevations. Project biologist shall identifY and mark the mitigation areas prior to beginning work on the mitigation and buffer areas. The boundary may be adjusted to preserve existing features. It is important to the success of the project in meeting the mitigation objectives that the project biologist provide observation services during work on the mitigation areas. The wetland biologist will be available to make design adjustments depending on conditions enCO!'fltered during construction. Upon completion of the work a report will be prepared docwnenting the as-built conditiOllS. Contractor shall be responsible to provide SOU11d, healthy, vigorous plants without defects. Contractor will provide irrigation for new plant materials as necessary and shall warrant survivability of plants for one year after acceptance of planting. Wetland biologist shall bave opportunity to examine and approve plant materials prior to installation. Plantings of nursery stock may be made depending on availability from suppliers. The preferred planting time is during the winter dormant season, November through March. Contractor should contact suppliers to verilY availability of plant materials for the anticipated planting season All planting and seeding activities shall conform to normailandscape industry standards. All installed plants should be clearly marked and identified to simplifY subsequent monitoring. Plant substitutions may be possible with approval of wetland biologist and City of Renton. Any substitutions will be native to the Puget Sound region. Non-native weedy species including Scot's broom, Himalayan blackberry, and reed canarygrass shall be cut within the wetland and buffer area at time of construction work. Control measures should also be provided during tlte five year monitoring period to control growth of Himalayan blackberry and other non native weedy species. Project biologist will identilY plants to be cut and will identifY and mark plants to be preserved within mitigation area. BUILDING DIVISION APPROVED For Construction Subj§§t T tt Co NOIed !n f\§;; By .. ~ Dme ---------- III V E o c :::c: 0 ..... c~O'I o ~.~ ~ E .-.c I") >,0::: III 0 L:3:v~ I .-Ol o C N • lL.. .-c c .,... ~VO~ "0 ~ ~ ..... I !Il UC(() -OVO o L:::2 0::: N g.:::2 ~ Cl.. • .,. No N N • • \ PLANT SCHEDULE SYMBOL SCIENTIFIC NAME COMMON NAME SIZE QUANTITY Ce Thuja plicata Western Red Cedar 4' 33 BLM Acer macrophyllum Big leaf maple 3'-4' 3 Pw Salix lasiant/ra Pacific willow 2'-4-26 Willow Salix sllchensis willows cuttings 288 Osier Comus stolonifera Red osier dogwood cuttings 416 Snow Symphoricarpos alba snowberry 2 gal 261 rose Rosa nootkana Nootkarose 2 gal 224 Ap Pyrusfosca Crab apple 2'-4' 13 Nb Physocarpus cap/tatus Nine bark 2'-4' 59 Prose Rosa pisocarpo Pea-fruited rose 2 gal 64 Willow and red osier dogwood cuttings shall be minimum 3ft in length and minimum 112" diameter. Slips shall be planted with minimum 12" in contact with soil. Rooted cuttings shall be used for planting made during swnrner mooths. LWD (LargeWoodyDebris) Place minimum of 8 pieces of L WD in wetland at approximate locations noted. L WD can include mix of stumps having minitnum trunk diameter of 12", and logs with minimum diameter 12' and minimum length 10'. Pieces for u~e shall be approved by wetland biologist prior to placement. Plant materi;l1s shall be placed in approximate locations sbown on planting plan. Trees shall be placed at average spacing of 12ft O.c. Shrubs shall be placed at average spacing of5ft on center. Where groupings of8 shrubs are sbown on pl,mting plan, shrubs shall be planted in groups with internal spacing of 2ft to 3ft. 75 74 • ~~/ 1,/ 73 Mit/got/on Access --~------.. ~~ ~~~ .. --~~- <:::) <:::) • • 77 • • PLANTING PLAN \>-s0/ , ' () \>-s0/ " '1() " $) • " \'1 ' ' \D \>-s0 7 2 N N , ' 0 '1'1 (\d f\ 'lN e tl , ' \() (il (;/ ' ' 1\'1 • " '1() 1\1\ (; s 3 \ ) APPROXIMATE SCALE 20 o 20 40 feel ------------- ) I \/ \1 . --ci1YOf:'RS.nOI'l RECEtIJED DtL :!. J . REVISION iON BUILDING DiVlSION ApPROVED ,.. b' ctl0 for Construction SU . 1" d Corre io Noted \0 Re -By Da ~~ ~rJ ~~ \ ~o ~~ IJ = EO ~.s ~=~ ~~ ~~ ~U ,,~ ~ ·c ~ ~ / Z ..cI S ~ u= ~~ ~ • ~ ~~ ~'C r;..= C!:I i \ I V> Cl I , ... M $ N N ~ ,...... ~ ~ ~ () J 4 4-Clt'4 CHERIE LANE A PORTION OF THE NW 1/4 OF THE SW 1/4, SEC. 29, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION 1HE SOU1H HALF OF 1HE NOR1HWEST QUARTER OF 1HE SOU1HWEST QUARTER OF SECTION 29, TOWNSHIP 23 NOR1H, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT 1HE NOR1H 330 FEET; ALSO EXCEPT 1HE EAST 660 FEET. DEDICATION / CERTIFICATION KNOW ALL PEOPLE BY 1HESE PRESENTS THAT WE, 1HE UNDERSIGNED OWNERS IN FEE SIMPLE OF 1HE LAND HEREBY PLATTED, HEREBY DECLARE 1HIS PLAT AND DEDICATE TO 1HE USE OF 1HE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN HEREON AND 1HE USE 1HEREOF FOR ALL PUBLIC HIGHWAY PURPOSES; ALSO 1HE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON 1HE LOTS AND BLOCKS SHOWN ON 1HIS PLAT IN 1HE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON, AND FUR1HER DEDICATE TO 1HE USE OF THE PUBLIC, ALL 1HE EASEMENTS SHOWN ON 1HIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED 1HEREON, INCLUDING BUT NOT LIMITED TO UTILITIES AND DRAINAGE. UPON 1HE RECORDING OF 1HIS PLAT, TRACT A IS HEREBY GRANTED AND CONVEYED TO THE CHERIE LANE HOMEOWNERS ASSOCIATION (HOA) FOR WETLANDS/OPEN SPACE. OWNERSHIP AND MAINTENANCE ACTIVITIES FOR SAID TRACT WILL BE 1HE RESPONSIBILITY OF 1HE HOA. IN THE EVENT 1HAT 1HE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MON1HS, THEN EACH LOT IN 1HIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACT PREVIOUSLY OWNED BY THE HOA AND HAVE 1HE ATTENDANT RESPONSIBILITIES. KNOW ALL PEOPLE BY 1HESE PRESENTS, 1HAT WE 1HE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED THE CHERIE LANE HOMEOWNERS ASSOCIATION IN ACCORDANCE Wl1H WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF 1HIS PLAT AS A MEMBER OF SAID HOMEOWNERS ASSOCIATION. SAID ASSOCIATION IS SUBJECT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE PLAT OF CHERIE LANE, AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING NO. IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. MACKENZIE RIVER HOMES, INC., A WASHINGTON CORPORATION --?~~ )3Y;L<~-;i-"" 11' "AD /'ITS: p Il.c s.x-b e ,u?- DECLARATION OF COVENANT 1HE OWNER OF 1HE LAND EMBRACED Wl1HIN THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM 1HIS SUBDIVISION, BY SIGNING HEREON COVENANT AND AGREES TO CONVEY 1HE BENEFICIAL INTEREST IN 1HE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISION 1HEREOF. THE COVENANT SHALL RUN Wl1H THE LAND AS SHOWN ON THIS PLAT. ACKNOWLEDGMENTS STATE OF WASHINGTON ) d )SS COUNTY OF &1 "'% ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _~ M W~ t\\.~1I" IS 1HE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HEJSHE SIGNED THIS INSTRUMENT; ON OATH ST,wED JHII.T f1Ej'SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS VtlS~ OF MACKENZIE RIVER HOMES, INC. A WASHINGTON CORPORATION, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR 1HE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. r:~ --::;-. ~ DATED: Ae'; \ 11-,2006. C/. --L. C J,/U ... PRINTED NAME: .... _Ii'\ItIV.;;..;..._~-=""-L-L---'~'-'-_~ ___ _ NOTARY PUBLIC IN AND FOR THE STATE OF WASHI~rON I. ., A.. RESIDING AT 2~1f'\ II"" ' t MY APPOINTMENT EXPIRES ':os (/1,7 (0 CITY OF RENTON APPROVALS CITY OF RENTON PLANNING! BUILDING! PUBLIC WORKS DEPARTMENT EXAMINED AND APPROVED 1HIS _ DAY OF ________ ~ 2006. ADMINISTRATOR CITY OF RENTON MAYOR EXAMINED AND APPROVED 1HIS __ DAY OF ________ ~ 2006. MAYOR CITY OF RENTON EXAMINED AND APPROVED THIS __ DAY OF _______ .~ 2006. CITY CLERK CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY lHAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND 1HAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL. 1HIS ______ DAY OF . ____________ , 2006. FINANCE DIRECTOR KING COUNTY FINANCE DMSION CERTIFICATE I HEREBY CERTIFY 7'HAT ALL PROPERTY TAXES ARE PAID, THAT 1HERE ARE NO DELINQUENT SPECIAL ASSESSMENTS Cl:X:'''-im TO 1HIS OFFICE FOR COLLECTION AND. 1HAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOf<' COl.LECTION ON ANY OF THE PROPERTY HEREIi.J CONTAINED. DEDICATED AS STREETS, ALLEYS OR FOR m .-IER PUBLIC USE ARE PAID IN FULL. THIS _____ DAY OF _____________ ~ 2006. MANAGER, FINANCE DIVISION DEPUTY DEPT. OF ASSESSMENTS EXAMINED AND APPROVED THIS _ DAY OF , 2006. KING COUNTY ASSESSOR DEPUTY ASSESSOR RECORDING CERTDnCATE FILED FOR RECORD AT THE REQUEST OF CITY OF RENTON 1HIS DAY OF 2006, AT __ MINUTES PAST .M. AND RECORDED IN VOLUME __ OF PLATS, PAGES . ____ RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS SURVEYOR'S CERTIFICATE SHEET :I. OF LUA-05-073-FP LND-l0-0407 4 1471 1 N.E. 29th PI. Suite 101 Bellevue, Washington 98007 425_885.7877 Fax 425.885.7963 PLANNING· SURVEYING JOB NO. 03090 CHERIE LANE A PORTION OF THE NW 1/4 OF THE SW 1/4, SEC. 29, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON NATIVE GROWTH PROTECTION EASEMENT THE NATIVE GROWTH PROTECTION EASEMENT (NGPE) ON TRACT A IDENTIFlES THE WETLANDS. THE CREATION OF THE NATIVE GROWTH PROTECTION EASEMENT (NGPE) CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WlTHIN THE EASEMENT AREA. THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETAllON FOR THE CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECllON OF PLANT AND ANIMAL HABITAT. THE NATIVE GROWTH PROTECTION EASEMENT IMPOSES UPON ALIL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON, TO LEAVE UNDISTURBED ALIL TREES AND OTHER VEGETATION W1THIN THE EASEMENT AREA. THE VEGETATION WITHIN THE NGPE MAY NOT BE CUT, PRUNED, COVERED BY FlLL, REMOVED OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY OF RENTON. THE RIGHT OF ENTRY GRANTED HEREIN SHALL APPLY TO THE AGENTS, REPRESENTATIVE AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT OWNERS OF THE UNDERLYING PROPERTY. DEVELOPER'S RESPONSIBILITY FOR NGPA MITIGATION PROJECT THE DEVELOPER, NOT THE HOMEOWNER'S ASSOCIATION, IS TO BE RESPONSIBLE FOR THE INITIAL INSTALLATION, MAINTENANCE AND MINIMUM 5 YEARS OF SUCCESSFUL WETLAND MITIGATION MONITORING PURSUANT TO RMC AND THE APPROVED WETLAND MITIGATION PLAN. THE TRANSFER OF RESPONSIBILITY TO THE HOMEOWNER'S ASSOCIATION SHALL NOT OCCUR UNTIL THE CITY OF RENTON RELEASES THE DEVELOPER IN WRITING FROM FURTHER MAINTENANCE AND MONITORING UPON THE COMPLETION OF A MINIMUM OF FIVE SUCCESSFUL CONSECUTIVE YEARS OF THE WETLAND MONITORING CONSISTENT WITH THE RMC AND THE APPROVED WETLAND MONITORING AND MAINTENANCE PLAN. PROTECTION OF WE~/BUFFER AREA/NGPE THE USE OF HAZARDOUS OR TOXIC SUBSTANCES AND PESllCIDES OR FERTILIZERS IS PROHIBITED IN ANY AREA LOCATED WITHIN 15 FEET OF THE Wf::TLAND OR SENSITIVE AREA BUFFERS OR SETBACKS, WITH THE EXCEPTION THAT SLOW RELEASE FERTILIZERS MAY BE PERMITTED. COAL MINE HAZARD NOTICE THE LOTS CREATED HEREIN FALL WITHIN A COAL MINE HAZARD AREA AS IDENTIFIED BY A GEOTECHNICAL ENGINEER AT THE llME OF THIS SUBDIVISION. PRESENCE OF SUCH A HAZARD MAY TRIGGER MITIGATION MEASURES AT THE TIME OF THE CONSTRUCTION. NO STRUCTURES OR IMPROVEMENTS SHALL OCCUR WITHIN HIGH HAZARD AREAS. THE DEVELOPER AND ALL FUTURE HOMEOWNERS WILL HOLD THE CITY HARMLESS FROM ANY DAMAGES OCCURRING FROM LAND MOVEMENT, SLIDE, COLLAPSE OR OTHER SIMILAR EVENTS CAUSED BY THE COAL MINES KNOWN TO EXIST BENEATH THE SITE. NO STRUCTURE WITHIN THIS PLAT SHALL BE PERMITTED TO BE CONSTRUCTED WITHIN 15 FEET OF THE HIGH COAL MINE HAZARD AREA AS SHOWN HEREON. RESTRICTIONS 1. ANY NEW HOUSE CONSTRUCTED ON LOT 1 SHALIL BE ORIENTED WITH ITS FRONT YARD TO THE NORTH AND ACCESS TO THE PUBLIC RIGHT OF WAY SHALL ALSO BE TAKEN TO THE NORTH. 2. LOTS 5, 6, 13 AND 14 SHALL ONLY TAKE ACCESS TO THE PUBLIC RIGHT OF WAY BY WAY OF THE PRIVATE ACCESS EASEMENTS AS SHOWN HEREON. 3. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT FOR ROADWAY AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 7703250227. 4. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT TO SOOS CREEK WATER AND SEWER DISTRICT FOR SANITARY SEWER LINES AND/OR APPURTENANCES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 9612200593. 5. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN EASEMENT TO THE CITY OF RENTON FOR PUBLIC UTILITIES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 9612311918. 6. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF CASCADE WATER DISTRICT RESOLUllON NO. 1838 ESTABLISHING AN ANNEXATION CONNECTION CHARGE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 8304080503. 7. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 3790 ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR WATER SERVICE AND CONNECTION CHARGES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 8403260504. 8. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 20001211001717. 9. THIS SITE IS SUBJECT TO MATTERS DISCLOSED BY RECORD OF SURVEY RECORDED UNDER RECORDING NO. 9001109004. EASEMENT NOTES THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSES LISTED BELOW AND ARE HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATIONS LISTED BELOW. THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFlCIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THF: DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. 1. AN EASEMENT IS HEREBY RESERVED, GRANTED AND CONVEYED TO THE CITY OF RENTON AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING EXISTING OR PROPOSED ACCESS RIGHT-OF-WAY IN WHICH TO INSTALL. LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION, AND OTHER PROPERTY, WITH UTILITY SERVICES AND SIDEWALlKS, TOGETHER WITH THE RIGHT TO ENTER UPOr-; THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN TOGETHER STATED. 2. THE 20.00 FOOT PRIVATE ACCESS, UTILITY AND DRAINAGE EASEMENT SHOWN ON LOT 6 IS TO THE BENEFIT OF LOT 5. THE OWNERS OF SAID LOTS 5 AND 6 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY AND DRAINAGE FACILITIES W1THIN SAID EASEMENT AND SHALL SHARE EQUALLY THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE ACCESS FACILITIES WITHIN SAID EASEMENT. 3. THE 20.00 FOOT PRIVATE ACCESS, UTILITY AND DRAINAGE EASEMENT SHOWN ON LOT 14 IS TO THE BENEFIT OF LOT 13. THE OWNERS OF SAID LOTS 13 AND 14 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY AND DRAINAGE FACILITIES WITHIN SAID EASEMENT AND SHALL SHARE EQUALLY THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE ACCESS FACILITIES WITHIN SAID EASEMENT. 4. THE 10.00 FOOT pRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 1, 2 AND 3 IS TO THE BENEFlT OF LOTS 2, 3 AND 4. THE OWNERS OF SAID BENEFlTED LOTS SHALIL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 5. THE 5.00 FOOT PRIVATE DRAINAGE EASEMENT AND WATER EASEMENT SHOWN ON LOT 6 IS TO THE BENEFIT OF LOT 5. THE OWNERS OF SAID BENEFlTED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 6. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 8 AND 9 IS TO THE BENEFIT OF LOTS 7, 8, 9 AND 10. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 7. THE 10.00 FOOT BY 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 15 IS TO THE BENEFlT OF LOT 16. THE OWNERS OF SAID BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE DRAINAGE FACILITIES W1THIN SAID EASEMENT. 8. THE PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 14 AND 15 IS TO THE BENEFIT OF CHERIE LANE HOMEOWNERS ASSOCIATION. SAID ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SfllD EASEMENT. 9. THE PRIVATE DRjI,INAGE EASEMENT SHOWN ON LOTS 5 THROUGH 10 IS TO THE BENEFIT OF CHERIE LANE HOMEOWNERS ASSO(ATION. SAID ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILIllES WITHIN SAID EASEMENT. 10. THE 10.00 FOOT BY 10.00 FOOT PRIVATE WATER EASEMENT SHOWN ON LOT 12 IS TO THE BENEFIT OF LOT 13. THE OWNERS OF SAID BENEFITED LOT SHALIL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE WATER FACIUllES WITHIN SAID EASEMENT. 11. THE 10.00 FOOT PRIVATE SEWER EASEMENT SHOWN ON LOT 14 IS TO THE BENEFIT OF LOT 15. THE OWNERS OF SAID BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE SEWER FACILITIES WITHIN SAID EASEMENT. 12. AN EASEMENT IS HEREBY RESERVED FOR AND CONVEYED TO PUGET SOUND ENERGY COMPANY, QWEST, COM CAST (OTHER PRIVATE UllI.ITlES), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON THE PRIVATE STREET(S), IF ANY; AND THE EXTERIOR 10 FEET OF ALL LOTS, TRACTS AND SPACES WITHIN THE PLAT LYING PARALLEL WITH AND ADJOINING ALIL STREET(S); IN WHICH TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH ALL NECESSARY OR CONVENIENT UNDERGROUND OR GROUND-MOUNTED APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, GAS, TELEPHONE, TELEVISION AND UllllTY SERVICE, TOGETHER W1TH THE RIGHT TO ENTER UPON THE STREETS, LOTS, TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSES HEREIN STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE, TELEVISION, FlRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALIL BE UNDERGROUND OR IN CONDUIT ATTACH:::D TO A BUILDING. 14. THE 20.00 FOOT SANITARY SEWER EASEMENT SHOWN ON LOT 6 IS HEREBY RESERVED FOR AND GRANTED TO THE SOOS CREEK WATER AND SEWER DISTRICT FOR SANITARY SEWER FACILITIES. SAID WATER AND SEWER DISTRICT IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF SAID FACILITIES WITHIN SAID EASEMENT. 15. THE 20.00 FOOT SANITARY SEWER EASEMENT SHOWN ON LOT 14 IS HEREBY RESERVED FOR AND GRANTED TO THE SOOS CREEK WATER AND SEWER DISTRICT FOR SANITARY SEWER FACILITIES. SAID WATER AND SEWER DISTRICT IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF SAID FACILITIES WITHIN SAID EASEMENT. CORE \,,; /DESIGN ENGINEERING· SHEET 2 OF LUA-05-073-FP LND-l0-04-07 4 14711 N.E. 29th PI, Suite 101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 PLANNING, SURVEYING JOB NO. 03090 I") IX) ~ n 0 I") I=! I-« ....J a. z ::) W (0 to N ~ .... 0 z CHERIE LANE 1_- A PORTION OF THE NW 1/4 OF THE SW 1/4, SEC. 29, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON Ls. 34lH ST.r--~ N88'23'50"E TRACT A CITY OF RENTON 8 7 ·---~::---1;-;:;-21.99 -----127.53 121.98 MEA 127.58 MEA. FOUND 4" CONCRETE MONUMENT WITH PUNCHED 1 3/4" BRASS DIDK, OWN. 0.3' IN MONUMENT CASE 0.1'E.XO.3'N. OF INTERSECTION ,w OJ~ L()f'<') m' ........ .N ~ ~ 0 4 TRACT "A" FOUND 4" CONCRETE MONUMENT WITH PUNCHED 1 3/4" BRASS DIDK, DW~J 0.3' IN MONUMENT CASE 0.3'N. OF CENTERLINE f FOUND 4" CONCRETE MONUMENT ~TH PUNCHED I 1 3/4" BRASS DIDK, OWN . • 0.3' IN MONUMENT CASE SHORT PLAT NO. LUA-98-026-SHPL REC. NO. 9812289012 N88'39' 49"E z w (/) 0.1'E.XO.2'N. OF 122.03 a:, OJ LJ l~nERSECTIOH 16 15 TRACT A S. 34TH PL 656.37 12 11 14 13 TRACT A NSS'0311 E vi 0 8 29 ~ < \ ~ 30 27 ~ en ~ < ~ ~ S. 35TH ST. 2 3 4 657.23 10 o 1"------10:) 9 8 7 6 5 " N n 32 33 34 ~'" CEDAR AVENUE VOL.228. PG'S 29-34 REC, NO. 20050506000287 J 35 I-_ TRACT B -.-J -r-T----, L()m> mN < :TI'-ON Z Z < I~ WINSPEI< II VOL. 184 PG'S 77-80, REC. NO. 9803101024 FOUND 4" CONCRETE MONUMENT WI fH PUNCHED 1 3/4" BRAS:, DIDK, OWN. 0.4' IN MONU~,1ENT CASE O.1'W.XO.2'N. ;.~ '------35\r\ 51. ~---5.~ 43 44 42 39 I~I 41 I-I 41 ~ ~ 40 \ ----... 20 6 [:::o::::::J I-29, ~ I'-~ CITY OF RENTON CONTROL ~ :: POINT #895, MONUMENT >-~ NOT SEARCHED FOR HELD '::: N lOCATION PER REF. 1. () w }U';o ..... ~ tI'J f'<') N :T .... ~ • 0 o Z .:s N89'16'32"F 2658.10 fl ------j----~~ 29 628 N89'16'32"E 30~~1 1315.34 1315.34 111 co co N 111 o f'<') f'<') ~MONUMENT NOT SEARCHED FOR HELD LOCAnON PER RE~ 1 t N88'39' 49"E --131692 '--' <...J 0. @ u::J ~ \ SITE 657.?3 N8S'03'il "E 1") N tI'J co I~ .0 OJ .... I~ f'<') "'! LO co 660' @ 90' 661.42 FOUND 3" CONCRETE MONUMENT WITH PUNCHED 3/8" COPPER PIN ON 8-23-91. N86'50'lS"E SUBDMSION DIAGRAM N.T.S. N8S'03'11 "E 1 318.65 FOUND 5/S"REBAR (NO CAP) O.03'S. X 0.11 W. OF CORNER r-; N ~I f'<') 0 N Z oq: I'- N MONUMENT NOT ~ SEARCHED F,)R HELD LOCA liON Pf: R REF. 1 ON 10-31-97 / CITY OF RENTON CONTROL POINT #1866, FOUND CONCRETE MONUMENT WITH WALDORF PLUG ON. 0.4' IN MONUMENT CASE 1322.55 _---~ ---32 SCALE: 1" 100' 0 50 100 200 ! I I I BASIS OF BEARINGS SHEET 3 OF 4 LUA-05-073-FP LND-l0-0407 N86'50'15HE, KCAS, ALONG THE SOUTH UNE SW1/4 SECTION 29-23-5 AS SHOWN ON ESM RECORD OF SURVEY (REF. 1) REFERENCES 1. RECORD OF SURVEY BY ESM RECORDED IN BOOK 70 OF SURVEYS, PAGE 172, UNDER KING COUNTY RECORDING NO. 9001109004. 2. THE PLAT OF CEDAR AVENUE RECORDED IN VOLUME 228 OF PLATS, PAGES 29 THROUGH 34, UNDER KING COUNTY RECORDING NO. 20050506000287. SURVEYOR'S NOTES 1. THE SECTION SUBDIVISION FOR THIS SECTION IS BASED ON THE RECORD OF SURVEY BY ESM, INC. RECORDED IN BOOK 70 OF SURVEYS, PAGE 172, UNDER KING COUNTY RECORDING NO. 9001109004 (REF. 1). 2. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRAC1lED FROM CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE ORDER NO. 1114953, DA1lED SEP1lEMBER 11, 2003 AND SUPPLEMENTAL COMMITMENTS NO.1 AND NO.2 THERETO DA1lED MARCH 29, 2005 AND JUNE 6, 2005 RESPECTIVELY, IN PREPARING THIS MAP, CORE DESIGN HAS CONDUC1lED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED CHICAGO TITLE CERTIFICA1lE. CORE DESIGN HAS REUED WHOLLY ON CHICAGO TITLE'S REPRESENTATIONS OF THE TITLE'S CONDmON TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN QUAUFIES THE MAP'S ACCURACY AND COMPLE1lENESS TO THAT EX1lENT. 3. PROPERTY AREA = 217.203 ±SQUARE FEET (4.9863 ±ACRES). 4. AREA DEDICA1lED AS PUBUC RIGHT OF WAY = 46,750 ±SQUARE FEET Cl.0732 ±ACRES). 6. ALL SURVEY CONTROL INDICA1lED AS "FOUND" WAS RECOVERED FOR THIS PROJECT IN SEP1lEMBER, 2003 EXCEPT AS N01lED OTHERWISE. 5. ALL DISTANCES ARE IN FEET. 6. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. ALL MEASURING INSTRUMENTS AND EQUIPMENT HAS BEEN MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS WITHIN ONE YEAR OF THE iJA 1lE OF THIS SURVEY. CEDAR A \IF SE VICINITY MAP NTS coRE \; /DESIGN 176th ST 14711 N.E. 29th PI. Suite 101 Bellevue, Washington 98007 . 425.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO. 03090 CHERIE LANE SHEET 4 OF 4 LUA-05-073-FP LND-l0-0407 UTILITY EASEMENT REC.NO. 9612311918 W 15' OF THE N 18' A PORTION OF ~HE NW 1/4 OF THE SW 1/4, SEC. 29, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON FOUND 5/8" TRACT A REBAR WITH _ SANITARY SEWER EASEMENT CITY OF RENTON SHORT PLAT YELLOW PLASTIC I REC. NO. 9612200593 NO. LUA-9S-026-SHPL 4 TRACT "A" CAP STAMPED W 15' OF THE N 25' REC NO 9812289012 16980" YELLOW PLASTIC CAP "THOMAS ' . / FOUND 5/8" REBAR WITH 0.1'E.X1,0'N, OF EASEMENT FOR ROADWAY REC. STAMPED "THOMAS 16980" PROP. COR·lp...-LJ~.....,L~_~N:0.~7~7~03=2~50~~2~7~~ __ -1;Jd!~i.1~.1..!E.J:!u.L!:"';?!'L~~SJ~~L..~~~lli:~:I.---::-~;:~~~L __ ----------~~----.L-~IT~~t~~~~~~~~~~~-1 0.l'E.XO.4'N. OF PROP. COR. ---l W 30' OF THI. N 30' N88'39' 49"E 656.37 101.00 10' 534.34 PL 2: \21.03 S. 34 TH . "'. lD ~"w - - - - - - - -r 'I PNDoETESEE ~--~(J). ~ f'-. I I 9 SHT, 2 If) I n (',J I (J) N W : ..-o z <D o oci n o o c--i l() ~f~ ~. g =:. 10'xl0' PRIVATi' i WATER EASEMENr ~ 6'. SEE NOTE 11) (c5"-?.><?S' SHI 2 7 00" 66.51 12 10' PRIVATE SEWER\ Ll=20'32'24" 10'xl0' POE N~~E~rs~iE~ \*' * 'I L=1972 SEE NOTE 7 9'a 9'900' 5257± SF C§D SHI 2 <: <;>+ <J. /00 Ir N8S'07'24"W 75.00 16 5137± SF ~ ------ 50.00 <"", ""'c5";>. 25.00 50.00 . Ac5"S OcJ. /~. ""S;> O~" v. \ \Q '--~ \\ ____ ~ <9. u> ~ \c& '\-5'~ 20' PRIVATE ACCESS N W lD nO . 0 (',J • cOO • (J) o z <J' ~ \ * AND DRAINAGE f'-. '(i, ':; I I ~ EASEMENT SEE NOTE (j), I 3 SHT. 2 AND 20' SANITARY SEWER ;::; 1 5 I 1 4 EASEMENT SEE NOTE (',J 4500± SF ~~ I 5998± SF w 15, SHT. 2 ~ @D I(',J~I dID ~ is is Z 1'1)NI (',J. 13 10' POE ~ " ~ 2 0 SEE NOTE --1'~ l-g ~ 5500± SF ~SHT. 2 I I @) l.._.N7J·'7' ----.l ----"..~4:cW 578 50.00 ___ 50.00......, "-::.1 50.00 N88'07'24"W 200.00 ___ ~1O.97 --- HIGH COAL MINE _/ HAZARD BOUNDARY 303.15 --- S. LINE NW 1/4, SW 1/4, SEC 29-23-5 TRACT A LEGEND SET STANDARD CITY OF RENTON CONCRETE MONUMENT IN CASE AS SHOWN. SET 1/2" X 24" REBAR W/YEll.OW PLASTIC CAP • STAMPED 'CORE 37555" o FOUND CORNER MONUMENT AS NOTED. P: SET TACK IN lEAD W/SHINER "37555" ON PROPERTY UNE EXTENDED 4.75 FEET IN UEU OF FRONT LOT CORNERS UNlESS NOTED OTHERWISE. G~§) CITY OF RENTON STREET ADDRESS ------ 88.76 N88'39'49"E 481.46 z o OJ-: 01'0 . 0 (J) • -....1= 6098 11 4709± SF @) N8S'S6'31"E 45.79 TRACT AI NGPE SEE DEDICATION SHT. 1 87555± SF "" \ \ / / / 21.00 N88"0311 E 27 Z o (JlC! lDO . 0 "" . (JlO 0, ~ 137.73 "' :3 10 DO ~m " n DO :r v-5784± SF I "~ I 0 I \,')cJ' ~ I g ZLn N I Z ",'f>.; ~ ~, "J ,~ ~ 8.N OlD [>""V -:;,f>.; --1 20' z 'I' 32 ci~;;';cO V-\\. I ·o·~ o· (J) N8S'11'58"W 1----- N l() II II )'fr-~~--~~~~~_L_-1 ~ 0- 1'1=00'38'56" L=2.50 \ Il ~ -" f-<J 100.50 .. : tX Dc: <J I ""0 I ~ ~~S 7:.., l.U ..,: .s. Yy' 9 I :z '-.. \ e "-'>" ::; ~ 491O± SF I 0 3' ~ 10' PDE SEE G~iD I 6 NOTE 6 SHI 2 I l()a--_--, 10' UTILITY (f) lD • )'fr-tt __ ~N~8~8~'1~1'~5~8'~'w~~I~_-J 95.83 33 WINSPER II \ ~ 1\8 EASEMENT -I t8 -~ 1£ » <D • (TYP.) ~ ~ ~ ~: \ v> I~ (Jl\ ~\ 8 o OJ or-..: VOL. 184 PG'S 77-80, REC. NO. 9803101024 5126± SF \ <'~~?, ) )/" J<? \ C§D 3.50 N88'11 '5S"W 90.59 . 7:/'-tf~ 7 4694± SF "-0) ~ ~ / C)"v ~CfJ 'b'b' ~<:J {I \?-----'v Y 10344 % ~>< \ ~ 5' PDE AND WATER tr. '\ EASEMENT SEE ~ Y NOTE 5 SHT 2 )j:( 6', _+--.-:-+---;:;::r;-;~-i)j:(~---:~i5--tt-'-17. '" '(}. 6 _ 46.35 \\11 ~ ~ 4 1'1=18'29'21" 26.0l2.,) -I-.....,.-_~50~ . .':!.0~0 __ -t---=::~~:::.-:=t:l -t;, 'S. "~ L=24.52 6432± SF L ----~p ~ ~ (j).\>-VI ~ 122.35 N88'l1'58"W S. 35TH ST. N8S'03'11"E _ 122.35 I I I I I I <k"./ <: ~ .90 , la' POE LF02'44'59" L=3.65 'tb, OJ N88'03'11 "E I Z ON teil'0 l() W N o 8 "Co ci:<r cO ,.... o o l() cO o z ~S<.[)t 000. 7 0- 10' UTIUTY EASEMENT (TYP.) Z S ~ui SEE NOTE 4 SHT. 2 z o lD--: og; S <D ' o(Jl • (J) S .... ----1-+~~1~075~,S!i5....:;;..---;-I--..,\ ~ I ~~ "" 20' PRIVATE ACCESS, I ,.,., 1 5152± SF @) 60.00 • (Jl o . 00 ~ 657.23 29 EXISTING MO~IUMENT PER THE PLAT OF CEDAR AVENUE (REF. 2) 30 2 4500± SF C@D 50.00 SCALE: 1" o . 00 ::;f 3 4500± SF C@D 50.00 35 40' o . lD"" <D ::;f 4 4714± SF @) 50.00 lD UTILITY AND DRAINAGE L I i. ~ 5 EASEMENT SEE NOTE 2 -I OJ ~ 5983± SF SHT. 2 AND 20' SANITARY ~ ~ SEWER EASEMENT SEE VI NOTE 14, SHT. 2 102.08 CEDAR AVENUE VOL. 228, PG'S 29-39, REC, NO. 20050506000287 - TRACT B 34 35 36 37 / 1- / 38 \ c- \ POE PRIVATE DRAINAGE EASEMENT ooRE 14711 N,E. 29th PI, Suite 101 o 20 40 80 , '-'_ ........ ' \,; /DESIGN Bellevue, Washington 98007 425.885.7877 Fax 425,885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO_ 03090