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Home My WebLink AboutLUA-09-042~--~ "--NE co:r stc JO FlCJ T ACX IN CClNCRElc WON I =:"~~c!°~:~~ t CONTROt... PNl 2JO) N 170,75 4J [1~2 75 _;--f~= ~! ~~I ¥~ i ~ !i:i J- ~~ RO'# UN( =~' (er:> - ~ ,oo·---~--= I ,...____ 3: ~~ TL 3~2303-9001 ----8 ~~ I I ~ 'I'~ I "' J, I ROWUNE ~ - EASfMENI NOJf · 5£E "OE CLARA TION OF EA5£MENTS. CO\/ENANTS, ANO AGREEMENT RUNNING WITH THE LANO " RECOROEO Al.ONG WITH THIS RECORO OF SURI/EY UNDER KING COUNTY RECOROING NO JOINT USE DR IVEWA Y EASEMENT STRIP A LO T 1 JOINT USE DRIVEWA Y EASEMENT STRIP B CONCERNING VARIOUS EAS£MENTS THAT HAI/E LOCATIONS DEPICTED ON SHEETS 1 THROUGH • OF • OF THIS SURI/EY. -SCAL.£: 1' • 40' LOT .2 --- R0JN0.,1SHl,I01T (;If' 41.l [~STIHC AJ.O r\llVRC RIQfTS TO UGH , ~ AHO NR. TO(UH[P '11111 n-t "'4( RiGHTS Of' ACC(SS TO AHO fltO'ol THC STAT[ MK.HWA1' PCC "'IC 537M10 290 EAST VALLEY ROAD DETAIL OF THE EXISTING LOT 1-LOT 2 COMMON ENTRANCE DRIVEWAY ~~ I L _'1_;:....> h '1 --~ !305• ---w-- ~ ~-.. p,-2:..i_ ---- EAST VAUEY ROAD JOINT USE DRIVEWAY EASEMENT ---SlRIP D SCJ.L r -.... LOT 3 -'959 ... DETAIL OF THE EXISTING LOT 2-LOT 3 COMMON ENTRANCE ORIVEWA Y A/C---~td.~~ ~~-'-;-:~-.-.. -i0~ "'1Sl?ED 6-25--09 ...,ci ~~~ ~r~:ZOHTAL I __ ---__ --- 1 ~~:::"~-~ ~ALLEY RO~D CASl VAU.£'1' RO It----.------ ElCISTING LOT 1-LOT 2 COMIION ENTRANCE DRII/EWA Y (SEE DETAIL) f-=--= -=---:. -=--=--=o- ~ 11;,~:::. -W! ----------------------~ ROW WON\N{HT c VAUEY RO L _J ·1 -llC) f.t,CK.,.2"COHC WO,,iHCASC, -M -OO'IIIN 1 O' j --------------------------------- "'1stl(O 6 -2~08 • FRONT YARD BSQL NOTES: UNDER RENTON I.IUNICIPAl CODE S£CTI0N <-2-120, THE 10-FOOT IAINIMUl.4 FRONT YARD BUILDING SE1BACK SHOWN PER RENTON•s COlo41.4ERCIAL ARTERIAL (CA) ZONE MAY BE REDUCEO TO O FlEET THROUGH REN TOlfS SI TE PLAN RE',1EW PROCESS PROVIDED BLANK WALLS ARE NOT LOCATED WITHIN THE REDUCEO S£1BACK AUDITOR OR RECORDER'S CER11FlCAlE ( DI rzrr ) liDah-40~ SUR\/fY NOTES· HORIZONTAi. DATUW. WASHINGTON COORDINATE SYSTElol. NAO 8.J/9 1, NORTH ZONE. PER CITY OF RENTON HORIZONTAi. SURI/EY CONTROL NETWORK. BASIS OF BEARINGS: CITY OF RENTON HORIZONTAi. CONTROL POINT NUMBERS 1160 ANO 230. SOUTH 89'5lf06" EAST 2659.Jf (CALCULATED AND MEASUREO). INSTRUMENT: THIS SURI/EY WAS PERFORI.IED WITH A LEICA TCR 1105 TOTAL STATION, SERIAL NO. 621961 . AND A LEICA GPSl2DO SURI/EYING SYSTEl.4 SERIAL NO. 160230. PRECISION: PRECISION EXCEEOS 1: 10,000 GROUND TRA~S£ METHODS ANO M:RE IN ACCORDANCE WITH WAC 332-1 J0-090 SURVEYOR'S CERTIFICA 1E FlELO SURI/EY: THE FJELD SURI/EY WAS PERr<lR lol ED ..UNE 2008. ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND. UNLESS DTHERW1S£ NOTED. S£CTI0N SUBDIVISION: SUBDIVISION OF S£CTI0N JO, TWP. 2:lN. RGE. SE, WAS CALCULATED PER RECORD OF SURI/EYS "REC, NOS: 8202189001 AND 9111069007". RQ£8£NC£S· -RECORD OF SURI/EY, REC NO. 8202189001 -RECORD OF SURVEY, REC NO. 9111069007 -RECORD OF SURI/EY, REC. NO. 9509059008 -RECORD OF SURI/EY, REC. NO. 9606199001 -RECORO OF SURI/EY. REC. NO. 9902129009 -CITY OF RENTON HORIZONTAL SURI/EY CONTROL NET'<IORK -WSDOT SR167 HIGH WA Y WAP -S. 228TH. TO RENTON Filed for record thlS __ doy of ___ • 20_ot __ l.4 in Book __ of Surveys ot page ___ o t t he request of This moo correctly represents a survey mode by me or und~ my d,re-chon 1n conformance .,.,,th the reauir ements ~ .... --------------BUSH. RO£D & MITCHINGS. INC COUNTY AUDITOR OR DIVISION Of RECORDS & ELECTIONS County Aud itor or of ~TRA5a:;eb~·v~tl~ trc ot the re~ej0Nf . 20 Q§ ~ .... ~~ Certif_ Supenn tendent of Records ;;,,r. No 44fil.4 BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURI/EYORS 200D ...oft A\IENUC [AST SCATl\.C. WA.St9ofCTOH 98102-JSIJ (208) 323-414-4 1-eoc>-9;»-~ rAX I (206) Jl.l--71,:) l EGA! PfSCB IPDON · LOTS 1 THROUGH J Of STRADA DA VAi.LE SHORT PLAT. CITY f$ RENTON F1LE NO. LU A 09-0<2-SHPl. ACCORDING TO THE PLAT THEREOF RECOROEO IN VOLUME _ OF SURI/EYS. PAGES _ THROUGH __ UNDER KING COU NTY RECORDING NO. ---------- SITE MAP PORTION OF NW 1/4 , NE 1/4 , SECTION 30, TOWNSHIP 23 NORTH , RANGE 5 EAST. 11'.M. RECORD OF SURVEY FOR: STRADA DA VALLE LLC 2400 EAST VALLEY ROAD. RENTON. WA 98055 DRAWN BY RHT D ATE . 9 -13-10 I JOB # 2008105.00 CHECKED BY JGW SC ALE 1" ; 40' I SHEET I OF 4 EX. B<AU>ll<G C I-STORY CCINCRET[ orncc lltAUltNC SR ,67 ~:19· RCBAA I LS,..4eJA (TW ) ~ ~ if I A/C - 21' 1'0 r-.cc C!£T WAU •/C 6 ' OIMol I.Mk rOta OH 12· C0NC R(l WAU "' ':n "' ~ I.UM8£R YARD :1l TL JOZJOJ-9096 (/) a· WOOO BOARD """' A/C Z., 1'0 fCM:( RCT WAU. ------~ __ l -" --<:"° ROW LM: COITD! fT - ~,• --(CAI.C\.U1U> --.----,......_ (TW ) S(C110N) -,.....cc. _ _:'"~-:c ,,--;j;'-_ --=---~ -=----==-~-.. cw ---£ s ...... ,,. w ,,,... ~ ----.,_:->m12· --S 0,'49·~2· w + _!.5115 96..J£) -E -I: -I-L..o.. "°"""°'' E V"'1£Y "". --.::i=-----... ... '"".. -, --. ' ~~-• =".:.-:·~ .,, _,,..~+-EXISllNC-= ,= , ., w -... -•• .,. ,. .. -• , • -~-" ;,I -"· ~~ ~"• COMMON ENlRNICE ORI) IIEW T VALLEY ROAD NE 'r•. s,cTIOH JO r ROW LIN< --j u " £AST o oo· « c ... c ,,,,.--(SEE OCTAi.. SHEET , EA S ------------.....L..!llP L --------.._ N WIDIS£C110N / ----------" :i:1 / ------------' . w.El:ill \ S 1/4 COR SCC JO_____....,. n«> MON IN CASC, ,_.SfTED 9-2S-De ~~n: ~~Tc::~rz~TA!. I $ S(Cl'KIH CORHCJl > F1R[ OEPARne,11 C(Nil(C1'KIH ~ F'1R£ Hl'ORANT c=&i n FUT OUN! TDt S£C'00N CORNEJI 30 G GAS .... 0 SIJR't£Y WONUMENT a GAS METER A/C ~AL TIC OOHCRETE PA.liOtENT B GAS VALVE esa. BUI..DWC S£1BA.Q( LN: ~ HNOCAP PAR,<..c; $PA.CE (C) CAI.C\UTEI> ....... IRR,CA. nc,,, CONTRCU.ER ~ CATO< IIA5IH * UOHT PO.[ cc OOMCll£T[ ClM8 ~ WALK uc>tT co OOMCll£T[ DOI'( NO. -PCC POIITt..AHO c::::[W()IT C0NCR£TE PA~T 0/H p "'°"°" POOOI cw CONCIIC1l: W,tJ< -< OUWAU. EC Q£CYRtCAI.. CONDUIT ows ON../WAl£R SEPARATOR D.EC. D.£CTRK:Al. PS PA.RK..c STM.L OET fl.ECTRtCAL TRN<lSFORMER STO STANDARD OOMI' OOMl'ACT DEV ll.£C1'"CAL VAULT II POST tOCA roR 'I/Al~ REC. "'""""""' RET R£T.,_ "' STORM OR.AM @ $TORM DftAIN MANHOU ~ """ so. 50.JARE ss SANTA.RY S£WDt © SANT A.RY SCll(R WAHHOl.E • Sfft(('l UCHT .JMCnQN eox TC m.tC()t,U.JNC.I.T'IONS COHCIUT ,., T[l[CCIU.NC,t.llONS !EfTRY N.T TU[CCl,MJNJCA TI0NS VMII.. T ... UTUTY POL£ w WA'Tt:R MAIN • WAltR W£lD • WATER VAL\IE ---"-.J . -I (IMP'IIST ) l tncla -40 ~ .. I SITE MAP PORTION OF NW 1/4 , NE 1/4 , SECTI ON 30, TOWN SHIP 23 NORTH , RANGE 5 EAST . lr.M . RECORD OF SURVEY FOR: STRADA DA VA LLE LL C 2 400 EAST VALLEY ROAD, RENTON. WA 98055 DRAWN BY RH T DATE: 9-13-10 I JOB II 200 8 10500 CHECKED BY JGW SCALE: 1" =4 0 ' I SHEET 2 OF 4 -.----r ;;I i! ROW C(_NT[JtuN( ~i i ~· ~ ~~I i i ;;: 1-~~ ij ~J~ ~8 ~~I c•o• USC :: f ~) --y-•oo· ~~ i g I ~~ :$ (~.o·- f~ -~) ---. . II w II i i ( "' JUT ) LOT LINE \.._/ "''b-= N01 '•9'32L ~ -, M -~ L ----'46 b~ , ,--. Lli:_:; , i ~~ _I _ _ _ _ _ -, _ ~~:_-cc_~_=-_ .:c_-::--I=-:_cc 1·=-: -=---~--::-__ ---r --------------, s o,·40 » • SEE STORM DRAIN O£ST I.H' HW 1/4. ~ CO<lUIUN( EAST VALLEY ROAD EASEMENT STRIPS ~! .. 1/4. S[Ctl<)H "' C•Sl Y...UY.. DETAIL BELOW LOT U NE __L_ ______________________ _ ~ ---d i ( Ill PDT ) l tnch•40 ft. i cw EX. BVtU)INC C I -STORY CONCRETE 0Ff1CE !IUIU>INC cw SR ,67 LOT 3 --.__ --.----~ ------,..-s:c ~ ,, .... ..'.ill --, e ----; -----=---~ _ ------f---------mn,'rc>___ I I.' I 'IIIESl L»f[ NW t/4, [.AS YAUE'f' RD ~ ,o CO< 10>\JN[ . 8 EAST VALLEY ROAD N[ 11'· SCCTIOH JO ROW UN[ __J -----------------------------L _ I~; -~"'"' ~ !". ~ ~~ ill m ~ ~V) I- V) i!:I LUMBER YARD '<:::""R{)Wl~ (m>) E)( BUll..DtNG A LOT 1 EX. BOIUllNC B .~LOT UNE S,.15• STORM DRAIN EASEMEN T STRIP A-2 LOT 2 EASEMENT NOt"31'Wr STRP 0 14.90' S0t 'J6'11 "W ~ STORM DRAIN ~~----_ '!.~- ----$7&.,9'09"[~ 430.70' 5.00' NJ.4"50'07t. 22.7 5' --------... ..J 'j i ( "' JUT ) l tDcb-30 ft.. STORM DRA IN EASEMENT STRIP S DETAIL STORM DRAIN EASEMENTS PORTION OF NW 1/4 . NE 1/4 , SECTI ON 30 , T OWN SHIP 23 N ORTH , RANGE 5 EAST. W.M. RECORD OF SURVE Y FOR: STRADA DA VALLE LL C 2 400 EAST VALLE Y ROAD. RE NTON. WA 98055 DRAWN BY RHT DAT[ 9-lJ-10 I JOB N 200810500 CHECKED BY JC W SCALE 1" = 40' I SHEET J OF 4 LUA-09-042-SHPL LND-20-0542 -DECI.ARAllON: KNOW All PEOPLE BY THESE PRESENTS THAT lttE UNDERSIGNED, THE O~ER IN fEE SIMPLE Of THE LAND HER(BY SHORT PL.Anto, HEREBY OEQ.AAES 11,IS SHORT Pl.AT TO BE lliE GRAPHIC REPRESENTATION OF SAME, AND THAT llilS 9-iORT Pt.AT IS MADE Willi THE FREE CONSENT OF AND lN ACCOROANC£ w:n-t THE DESIRES OF THE OWNER. IN 1"1TNESS \\HEREOF WE HAVE SET OOR HANO. STRADA DA VALL£ LLC, A WASHINGTON UM!TEO LIABILITY COMPANY BY: ,~:-.~m.JP ""'Q STATE OF WASHINGTON) ) ss. COUNTY Of KING ) c;::, I CERTIFY THAT I l<NOW OR HAYE SATISFACTORY E'v1DENCE THAT ON THIS ----L.5,__ DAY Of Hf!l..,lf'R. 2010 GARY M. MERLINO APPEARED BEFOM ME AND ACKNOM.EOGED THAT HE SIGNED lHE INSTRUMENT. ON OATH STATED THAT HE WAS AUTHORIZED TO EXJ::CUTE THE lNSTRUWEHT AND ACl<HO'M..EOOED IT AS A MANAGER OF STRADA DA VAU.E UC, A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE ANO VOlUNTARY ACT OF SUCH LIMITED U"81UTY COMPANY FOR THE USES AHO PURPOSES MENTIONED IN THE INSTRUWENT. DAlEO THIS If DAY OF M!"6 .... ')EJt a~OTAR~ 2010. "-J,c,s J, :I"7t.~ {PRINT OR TW£ N' --- NOTARY PUBUC IN AND FOR THE STATE OF =~~~c:~~:.1#3:M.~ .. ' , . • ~ VICINITY MAP N NOT TO SC.OU: U.S. BANK NATIONAl. ASSOCIATION, lHC BEHEF10ARY OF A DEt0 OF lRUST DATED APRIL 23, 2008 ANO RECORDED UNDER KING COUNTY RECDRDIMG NUMBER 20080501000<406, HEREBY CONSENlS TO STIIADA DA VALLE LLC'S E>CECUTION OF ll-iE ABOVE-STATED DECLARATION. U.S. BANK NATIONAL ASSOOATION " ,JJ;i ~Id'"~~£>, .. ,, STATE OF I Msttt1t4Tatl ) ) ss. COUNTY OF Keel', ) I CERTIFY ll-iAT I KNOW OR HAVE SATISFACTORY EVIDENCE ll-iAT ON ll-ilS ~ 1' a.tW'JP&J. OF APPE~!:!"'-~ORE ME 2:g ACKNO'M..EOGED ll-iAT HE/SHE SIGNED ll-iE INSTRUMENT, ON OATI-i STATED ll-iAT ~~/SHE WA\ci~~~~~THE lffSTRUWDH AND Ag,<NO~~~ NATIONAL ASSOOATION AND ACKND'M.£DGEO SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF U.S. BANK NATIONAL ASSOCIATION FOR ll-iE USES AND PURPOSES ll-iEREIN WENTIONED. DATED ll-ilS IS" DAY OF NHf!'""":K'.R. 2010. JCT,:).~, (SIGNATURE NOTAA'A '4riW-s l-T ... W {PftlNT OR TYPE. NAME OF NOTARY) NOTAAY PU8UC IN ANO FOR TiiE STATE OF ,......Ml!Mt'.tet4 RESIDING AT~ MY COMMISION E>CPIRES: jjl \"\.~\ .. arr OF RElfflJN EXAMINED AND APPROVED Tl-,iS ----DAY OF 2010. CITY OF RENTON ADMINISTRATOR, DEPARTMENT OF PUBLIC WORKS ICING ccunv ASSESSOR EXAMINED AND APPROVED THIS ---DAY OF ---------2010. KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR P01tnOtl 0, !IOl'THDll'l' Qll.lft& 0, nu: ~ QU~ 0, acmJII" :!IO, TOWlalHIP 113 JfCaTH. IWIGI 6 &t.lff, W.11. Cffl" OP' RENTON SHORT PLlT MO. WA-Oll-042-SHPL UOl-20-0642 LEQAL IJESCkF IKN: TI-IA T PORTION OF TI-IE NORTHWEST QUARTER OF TI-IE NORTHEAST QUARTER Of SECTION lO, TOM<ISHIP 23 NORTH. RANGE 5 EAST, W.M., KING COUNTY, WASHlffGTON, LYING WESTERt. Y OF THE WEST MARGIN OF PftlMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY Of THE EAST MARCIN Of THE EAST VAU.EY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET lHEREOF. EASEMENlS AND OTHER RECORDED INSTRUMENTS: 1.REUNOUtSHMENT Of AU EXISTING AND FUTURE RIGHlS TO LIGHT. -..,0 AND AIR, TOGETHER WITH THE RIGHlS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTEO ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 18, 1982 RECORDING NO.: 5376810 IN FAVOR Of: TME STATE OF WASHINGTON 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECOROEO: AUGUST &. 1975 RECORDING NO.: 75080&0J9J IN FAVOR Of: PUGET SOUND PO'IER ANO LIGHT COMPANY, A WASHINGTON CORPORATION FOR: El.£CTRIC TIIANSMISSION ANO/OR DISTRIBUT10N SYSTEM AITEClS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 3. TERMS ANO CONOITIONS Of TEMPORARY WATER SERVICE AGREEMENT RECORDED: JUNE 25, 1979 RECORDING NO.: 79()11250781 4. INDEMNITY AGREEMENT ANO THE TERMS ANO CONDITIONS lHEREOf: BET'11€EN: STRADA DA VAlLE, A WASHINGTON GEr.ERAL PARTNERSH!P ANO: OTY Of RENTON RECORDED: SEPTEMBER 19, 1990 RECOROING NUM8ER: 9009190703 ~-TERMS AND CONDITIONS Of SEWER GRADE RELEASE RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9009190704 15. EASEMENT, INCLUDING TERMS ANO PROVISIONS CONTAINED THEREIN: RECORDED: NO\'£MBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR Of: PUGET SOUND POWER AHD UGH COMPANY, A WASHINGTON CORPORATION FOR: El.£CTRIC TRANSMISSION ANO/OR DISTRIBUTION SYSTEM AITECTS: REfER TO SAID INSlRUMENT FOR THE EXACT LOCATION. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED TH£REIN: RECORDED: JULY 8, 1991 RECOROING NO.: 9107080928 IN FAVOR Of: OTY OF RENTON FOR: CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSlRUCTING UTUTIES AITECTS: REfER TO SAID INSlRUMENT FOR THE EXACT LOCATION. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: .UL Y 8, 1991 RECORDING NO.: 9107080927 IN FAVOR OF: OTY Of RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9. EASEMENT, INCLUDING TERMS ANO PROVISIONS CONTAINED THEREIN: RECOMlED: .UL Y 8, 1991 RECOAOING NO.: 9107080928 lff FAVOR OF: CITY Of RENTON FOR: PUBUC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 10. TERMS ANO CONDITIONS OF RESTRICTIVE COVENANT REGARDING LIO PARTIOPATION RECORDED: APRIL 21, 19114 RECORDING NO.: 9404210&37 AlJIITIJt CR RECCIROER"S CIR1FtCA lE Filed for record this __ doy of ___ , 2010 ot --" In Book __ of Surve)S ot poge ___ ot the request of !lJIM'll:lR'S cumF1CA 1t This mop correctly represents o surwy mode by me or under my direction in conformonce ,.;th the requirements of the Survey Recording Act ot the request of I STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 BUSH, ROED & HITCHINGS, INC. COUNTY AUDITOR OR DIVISION OF RECORDS & ELECTIONS STRADA DA VALLE UC in DEC. , 2009 ~ ;w 5,,,_..,_ -- BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS Superintendent of Records ,:;:r---cllrilflcote No. 44364 200II ....o!IA\OM!.<ST ~~f:-"'TON ,!~l~~ FAXJ (2'11!) J:ll-71lS DRAWN BY JGW DATE: 9-13-10 I JOB /; 2008105.00 CHECKED BY JMH SCALE: N/A SHEET 1 OF 4 County Auditor or P!,,Mf REVIEW CITY OF RENTON JAN 06 2011 RECEIVED LUA-09-042-SHPL LND-20-0542 I -----' ____ , ----\ - --------\ -~ L---1----- ---------l 1 I .~ - ---- ----CALO..U.TED W. MARCIN SA 187 PER -- ~; ---l:.< ltO.S. '$ N'.C. NO'$ 11tm0N007 • 1N20218'00. a W~T(»r,I STAT[ HK»iW,.'f CClNS$ION ~MN[)IT OF ..aHWAYS ORA.-.CS D.UED JAH_ 2 4, 1911. I sR 167 "' ~ -~ '\-' ------~~ I _- 1:, ----" ,,, __ -. --. ,, ,, ... , -~ . ' ' ~ ,, '•' ··=e•-•.,~ :~ 0 ,• ., ., -.. . . ' zu 'w !1 O,N.Ll/4 0, RGE.>L.W.M. l" • N' {illlll,I ~ .! !•I· ·~-,,.. . 8~ • 1 "l '< ,S d "''·"' ~ S LOT 3 lli h ~ 1 I _ !! -LOT 2 ~ ::--LOT 1 ill -TL ~~;io5 -78.93' , , 495.93' '---"'·" . "" ..,. # . ··= . ,~, . """ ------ROW lJNt: j;r. S 01"4952 Yf IJ!6.N '(C) _ _ _ _ ----=---= -=:-__ ._ -*-~) -J_ ..:. -=----_!_0!'40'~"--=---~ -=--=---=---_ -..,. ... ,c, -----;.;-LM: ;;-;;3 -~ IIOW lJNt: (n,,) 'r------i ~ -s 01·:::_ ______ ~ v~~A~ _______ ~ ·~· ~.,., _ _ __ "'---it;,5":wv. ---, ("".) '-ROW UNE (n,,) Ul -------,-.-------\. IIOW...... o.o w MOHUWCH TSI 1- ~ ,OTA&. Ill/VI,; 24.1.427 !Q.n. (~ .t.CIID) ILDT2 I 51,500~. 1.153 IQ.fl, M..IM sa.n. ILDT J I 134.01, sa.n. M4 so.n. ,n.220 SG.n. OVERALL PLAT PLAN -~-~I • f j i N Ii - -(mPDT ) l laDJI • IO ft. ~, POltffON or IIOlffllwgf QU ..... or nm N01tTt1&AST QU ..... or 1111Cn011 :io. ro'l'IIIHJP zs llOllftl. IWIOS e a.vr. w.11. CITY or RIIHTON SHORT Pl.lT NO. WA-o8-0U-IIHPL LND-20-0llo42 STRADA DA VALLE SHORT PLAT 2400 EAST VALLE Y ROAD, RENTON . WA 96055 TAX LOT 302305-9103-09 I BUSH~.~R~O~E~D......,.&.....,....,H~IT~C~H~IN~G~S-.~,~NC""'. ORA'M-1 BY JGW DATE: 9 -13 -1 0 !JOB f 2008105.00 Cl"1L ENGINEERS & LANO SUR\'EYORS 200I liM(Jllt ·~ U.Sf ~~~TON ,!:Ll~~ r u , (20I) l2l-7U5 CHECKED BY J MH SCALE: 1 • = 60' I SHEET 2 OF 4 ~:=: .. rMO T,at. ,,. CONCM:T[ WON. OO'IIIN o.s·. 1i'ISITED e-is-os (OTY or RENTON MORtZONTAl COHTitQ.. PNT. 2.JO) N 11D575.4 J t t 1J00542.7S _;--1 1!1 \ !i1! -~ ,:::;!> 1 11:1 ~ WWI. ~~ ROW LIHE -- LUA-09-042-SHPL LN D-20-0542 PEA ARA.DON Of COYENNH THE OIONER(S) OF THE LANO EWBRACEO 'MlHIN THIS SHORT Pl.AT, IN CONSIDERATION OF THE BENEflT TO ACCRUE FROW THIS Sl10RT SU8Qt";1Sl0N, BY SIGNING HEREON CO\/ENANT ANO AGREE TO CON'.£Y THE BENEFlOAI. INTEREST IN THE NEW JOINT USE ORl'.£WAY EASEWENT SHOION ON THIS SHORT PLAT ANO WORE FUU.Y OESCRl&O IN THE ~ClARATION OF EASEMENTS, CO\/ENANTS ANO AGREEWEN T RUNNING lfOITH THE LANO " JOINT USE .;__ rs:~.;,,;,,-OR1\IEWAY ~ EASEMENT SlRIP B LOT 2 ~ (RECORDED UNDER KING COUNTY I EAST v .. ,...., Ro•~ 1 RECORDING NO. "'-'-" 1 ....., --> DETAIL A ----- 5R 167 -- 52,845 SQ. FT. 12132 ACRES 2JOO CAST YAU.£'( NI ~ ~; ~-~ ~~ ~~=ss SC% ,. -<If THEREOF. THIS CO\/ENANT Sl1ALI. RUN lfOITH THE LANO THAT IS THE SU8..cCT OF THIS Sl10RT Pl.AT. NOTE; A RECORD OF SUR\/EY OF THE SUB..ECT PROPERTY HAS BEEN RECORDED UNDER K"'G COUNTY RECORDING NO. LOT 1 LOT LINE SR ,67 LOT 2 56,:508 SQ. fl . 12973 ACRES 2400 CAST VMJEY N) .... 8 b i !!I (<':' -!i; ~ 100° I Ji ~!~ r------'!' ff ••ltRUHE t<5<M(HT ~~~ · I --IICC. NO 9107000028 111 . $l!~ 1 ,A'£_\) ~ ..,-----_ i ~ ~D' /~ • ik s .... , ... , SCWEII 1-• I "\, II! Cl -,.. r---L-.,"'.: fl EASOl[HT z I o\,1-I" o:I I -----I I • IICC. NO. 110100000,a I I r 1 ~Ill I•\~' I ,... I ----... __ I l! • V JtOWLM z -- i!C$ I L )(nl'.) _ 1 1 -... ____ 430.70' I h I S01'41152 W \.._/ l! ~ri _ _J_ ~I _ _ _ _ _ _ _ _ .....1.01·1•·.u:.• _ _ _ _ _ ii!.'~"• _ _ _ H. 17• ~--------------------sen·~ ------------...a~ ----nc, l/r lllftONZ[ IQ) 'lll{Sl UH( NW 1/4, (Ml.) W/l'<M()< IO CAS£. 00-.. o.s.,g N[ 1/• S,:Cnc,1 JO -c CVITERlH: EAST VALLE Y ROAD I 'Ml1[0 •-u-oe ""• . lltOW lH (A.ST VAU.CY RO ~1:.~~~~' -------Li!±_, -------------------------------I ~2t=•:n c. vAU..CY RO SUA\€Y NOTES: ---------------- -n«) TAO< .. 2· C0Nc. WON IN CASE. 00-.. 1 D' '-'S11tD 1-2$-0I REf"ERENCES: -RECORD OF SUR'.£Y. REC. HO. 820218SI001 -RECORD OF SUR\/EY. REC. NO. 9111089007 -RECORD OF SUR'.£Y. REC. NO. 9509059008 -RECORO OF SURl€Y. REC. NO. 9606199001 -RECORO OF SUR'.£Y, REC. NO. 9902129009 -OTY OF RENTON HORtZONTAI. SURI/EV CONTROi. NETWORK -WSOOT SR1&7 HIQlWAY WAP -S. 228TH. TO RENTON HORIZONTAi. OAT\JW: WASHINGTON COOROINATE SYSTEW. NAil 113/91, NORTH ZONE. PER OTY OF RENTON HORIZONTAi. SUR\/EY CONTROi. NETWORI(. BASIS OF BEAAINCS: OTY OF RENTON HORIZONTAi. CONTROl POINT NUWBERS 1160 ANO 2JO. SOUTH 89°58'08" EAST 2&59.JI" (CAI.CUI.ATED ANO IIEASURED). INSTRU WENT: THIS SUR\/EY WAS PERfORWEO Y,!TH A l.ElCA TCR 1105 TOTAi. STATION, SERIAi. NO. 8219el. ANO A l.ElCA GPS1200 SUR1/E"\1NG SYSTEW SERIAi. NO. 1602JO. PREOSION : PREOSION EXCEEDS 1: 10.000 GROUND TRA\/ERSE METHODS ANO v.cRE IN ACCOROANCE Y,!TH WAC JJ2-1 J0-090. FlEI.O SUR\/EY: THIE F1ElD SUR\/EY WAS PERFORWEO JUNE 2008. ANGl.£S ANO DISTANCES SHOION HEREON ARE ON GROUND. UNU:SS OTHER\fOISE NOTED. SECTION SUBOl";!SION: SU80t";1Sl0N OF SECTION JO, TV!f'. 2JN. RGE. SE, ANO R.0.W. SOLUTION FOR PRIMARY STA TE HIGHWAY NO. 5 WERE CAI.CULA TEO PER RECORD OF SUR'.£YS, KING COUNTY RECORDING NUMBERS 8202189001 ANO 9111089007. -~-.. l i i 1w --( DI Pin ) 1-a-40 t'l • BUSH~.~R~O~E~O-&,........,H~l~TC~H~IN~G~S~.~l~N,.,,...C. O'.IL ENGINEERS & LANO SUR\1::YORS 2001 ..a A\4:NU( (ASl ~~j,~~ (lOI) 32:l-•144 1-IOO-t»-~ ,.,...,., (lOI) )U-713,5 SITE MAP ,,_ or _._ qu.una or TBS lfOllftll&A8T qu.utTD or 9CTICIII '°· TOW1'IIIIJ' 113 -,S. .._ S IIA8T, 'UL cm or RSlffl>11 SHORT PLAT NO. WA-Ge-042-SIIPL LKD-20-0IM2 STRADA DA VALLE SHORT PLAT 2400 EAST VA LLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 DRAWN BY JGW DATE: 9-13-10 I JOB I 20081 0 5.00 CHECKED BY JMH SCALE: 1 • • 40' I SHEET 3 OF 4 PLAN REVIEW CITY OF RENTON JAN O 6 2011 RECEIVED -- LOT LINE ... ~ i ------------------------r----- 1 I r--------- 1 I I I I I I I I I I I I I I I I I I I : I ~ WAJ(ltl.JN[ ffCC.N0.91~T _,. I I I I r-.J I r-, I L-~ ~~ .. ,h !!~ 1217.03' .95.93' SR ,s7 --, --' --' -------"", ', --' ' --\ ' ' ' LOT 3 134,0H SO. FT. 3,0779 ACRES 2500 CAST VM.LCY M> SNIT/1/tY SE~ EASEMCHT REC. JrrfO. 91070800928 ... 1-.. · I ' ' ' ' ' ' ' ' ' ' 1-,a ~ ',, ''l Si ) I ~2 I I 1 .. I I i I I u W :: ill! I I I I I I I ~ f.-.•. I I J I r-I I I I '---, I I I I I I I I I I I I => 3 00WUN[ ---· ~ ~ ... -0~\) ~\J~'?\,~ 'fJ I.UMll(R y NIO i "' {~ ~A ~~ ~~ ~; LUA-09-042-SHPL LN D-20-0542 h ' ' c::::-ll()W.;,----CXHIOI" I ~ L c=, ~e------(CAU>.UTO>) ~ -----------=-----------::fr: s o,·.,,,r. IJII.N' -----..-----30 I 'ltOW~~HW'I'. ------EAST VALLEY ROAD (wu, UN£••~ ron••u•• . 8 nc,, •-J/• ..... O<SC •/"•' I- ---,p ....... ,,, ~ru::tf • ..J._ s. 11• COil sec. JO ___., T f'NO. WON. #ii CA5C, N£ I/•. SECTION JO CA.ST VM.L.£Y RO. ~ ... C0NC. WON IN CASC, . V) -------- -------r ~ ..... -I ~:,:;,,:,TO>•--I - ---------- ------~L -~ CALC. INTOt,cCTl(W ~ LEWill. @ +a SCCllCN CCMUI QUNtl"DI SECTION etJIIMJt 0 SI..M"\€Y WCNJW()tl (C) CAUl.U m, "· NO. ro:r -ll[C. ll[CXJUNC ~ ' NI ' ~ \ en ----t -i (IW PDT ) ..... -40 I\. i / / .,,,- /0-8-/(1 'Milt[) •-23-08 SITE MAP -M IIOenlff8T -o, '!!IS .....,....,. -0, acTIOlf "°· 10fflllllP llS -,S, .._ I !WIT, W.lt. CITY OP IIDffl)I( SHORT PUT NO . WA-08-042-SHPL LIID-80--064ll SQ. --.,. '1/1~ ~ • 1.0. c» LS ,._ a STRADA DA VALLE SHORT PLAT 2•00 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 181 SU T -ct.. It LUO "lUO Wn1 MASS lD. Dt1K LS,._ BUSH, ROED & HITCHINGS, INC. 0\1L ENGINEERS & LAND SURVEYORS 200I IIH(II 4\IHUC CA.Sf ~~~TOH ,!:'-&:C::: ,.,.,_, {20t) ,V-'7'1Jei DRA'M-1 BY JCW DATE: 9-13-10 I .JOB I 2008105.00 CHECKED BY JMH SCALE: 1" = 40' I SHEET • Of 4 ;~J 1 -.. i~ I -i~:-----\- ~~i I .. ·,~~ ~ ' ;; i - ~~t'll --\ ":'.I~ Sl~~ -~~ ~:.-~~ ; ~ ~ ;~ . z 5 ~~~ . ~1,1 ~:-~I ; r •· ,; [J ROW UH£ ~~ g~ (T'rP) ~~ "'~ I --"'-~ --\____j TL --------- -------------- ~ ------------------- ------------- SR ,s7 ~,; "'0 N ,- "'! ----------- LOT 3 \ -~ --1-------\-- -~ -- ~ 1N "' .,, "' 0 .., "' ,!, ':,, 0 (") N ~~ "' 0 io i~ (") ~ .J a, t-co ~~ V, e:~ ~; 'c 1 / '430. 10· --,u.. 290_39• J__ . '495.93' J::: ----'-UN[ . . so1·'49's2"w . 1211.03 ~ rn>l Sl~ so,·••s2·w _______ -'~(c) ______ ---=----=~ J!!'-==.. t --.=._-:_ S 01·,,·.,~ .,,------------ROAD ---,,,. IS'(C) -~ ~ .-;-;;.-:5 ~ ROW C(HltRLINl . ) ROW LINE (T'IO'.) _,l--s o~•;:;2.-; i L.£GEMl2. TOTAL AREA: 243.427 SO.FT. (~5883 ACJtES) 9TE ZONHG: c:<)MMEROAI. All1DIIAL (CA) ·~r -fOOTAQES: ii ---------~V~L~E_Y ------"~'~-~ ---'C -·~•STVAU.(YMWY -f-~.;--ROW UHC ~) ~) ----. . • 0 I I "• • OVERALL PLAT PLAN BUILDI NG SETBACl<S FOR COMMERCIAL ARTERIAL ZONE (CA) ........ F'RONT YARD ion.• ( IIIJ'U'I') ltnch-80 ft. --=-.._13~9-··_. __ ---' I--en i!: I r-- N ~ lilNMUM fR££WAY ton. rRONTA«. stlBACK LOT I ...,..,~ =-=y~~TS ;:r~=:v~, LOT 1 '2.1145 SOFT. eoo so.n. u~son. LOT 2 M.508 SO.FT. 1,e,5,3 sa.n. ~.MS son. LOT 3 1341074 so.n. M-4 so.n. tJJ.220 SO.f'T. PARKING STAil. COUNT ANALYSIS LOT 1 LOT 2 EJOS11NG USC or BUI.DING oma: oma: ON PROPOSED LOT OOSTING NET F\.OOR ARE.A 10,33' so.n. 1s,120 so.n. or llUOUllHC" OOSTHC l~~!t.T OOSTNC ~"!_~.T STAU. STAI.I. CCIUNT -WAX CCIUNT -WAX STANDARD 47 N /A N/A 42 N/A •I• COMP.CT 0 0 IS 29 0 2J MAND!CAl'f'fl) 1 2 •I• • 4 N/A TOTAi. .. 31 .. 70 ., 71 • HCT n.OOllt AREA PROYECD BY THC PffOPCRTY o,it€R t.0().11)()1106~"'7°"9, Gl02'2008 \5-0236 LOT 3 oma: 21.123 so.n. E)(t$1Jt,I(; l~~!>.T STAI.I. CCIUNl WOI WAJC ., N/A N/A 107 0 SJ . • N/A 172 03 12S WNWUM REAR YARD NON( MIHIWUW SIC[ YARD NONE -H01[. P(R RMC '-2-120A THC WIMUJY FRONT YARD SC111AO< WAY BC REDUaD 1'0 0 n THROUGH THC SIT£ Pl.AN OCVELOPWIENT RC\40II Pft0Cf:SS PROW>ED ~ WM..LS ARC NOT LOCA Tt0 .,..'TMN lH£ REDUC[D S£1BAOC sm: CALCULA T10NS PERCCNTAG( r£ LOT CO~D 8Y ~STING BUL.fliNCS AHO S1RVCT\JRCS LOT 1 ,,.. LOl :Z 2~ LOT l 21' PA~W(H T AND L.AHOSCAPEO AREAS LOT I PAVEM ENT LANOSCAP£ L01 1 22,000 Sf' 1$,400 Sf' LOT 2 27,900 SF 12.M9 SF LOT 3 68,600 SF 29.550 SF PROPERTY OVtNER· STRAD A DA VALLE UC 9125-1Dlli A'F-NUE SOUT1-i SE ATTI.E. WA 98108 LAND SUR VEYOR: BUSH, ROED & HITCHINGS. INC. 2009 MINOR AI/ENEUE EAST SEA ffiE. WA 98102 ~ IIRH -......,..,=---,.,,,.--,--,-,,....,....-,.,.,..- BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 Yl\lOFI A\'tNUl CA.SY SO.Tl\.£. w4St,t,NGTON 9810:!-.l!>ll (;zoe) J23-4144 1-800-935-~ ... ,.,, (706) l13-7'}5 PORTION OP NORTHYIST QUAR'l1:R or THI NORTli!lloST QUAIITZR OF Sl!CTtON 30, '!01IIISHIP 23 Hotml. IWIGI: 0 usr. 'UI STRADA DA VALLE SHORT PLAT 2 400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 DRAWN BY RHT DATE. 03-03-09 I JOB # 2008105.00 CHECKED BY JGW SCALE: 1'' = so· I SHEET 1 or 4 EE~.-~ .._r1u,.~l'l' I '''-I U.! OEQ.ARA 110N: KNOW AU PEOPLE BY THESE PRESENTS THAT THE UNDERSIGNED, THE O"""ER IN FEE SIMPLE OF THE LAND HEREBY SHORT PLATTED, HEREBY DECLARES THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME. ANO THAT THIS SHORT PLAT IS MADE WITH THE Fll(E CONSENT OF AND IN ACCORD AN CE WITH THE DESIRES OF THE OWNER. IN WITINESS v.tiEREOF WE HAVE SET OUR HANDS. STRADA DA VALLE LLC, A WASHINGTON UMITEO Lf"81LITY COMPANY 0Y: G~'v 1,1 . MERLINO, MANAGER _, t.... STATE OF mSHINGTON) ~-) ss. CO\)N TY Ot l<ING ) I CER-Tll'Y THAT I KNOW OR HA VE SATISFACTORY EVIDEN CE THAT ON THIS ____ .· DAY OF 200_ GAR Y M. MERLINO APPEARED BEFORE ME AND ACKNOWIIDGED THAT HE SIGNED THE INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE 1HE INSTRU MEN T AND ACKNOWI...EDG60 IT AS A MAN AGER OF STRADA DA VALLE LLC. A WASHINGTOH LIMITED LIABILITY COMPANY, TO BE 1HE FllEE AND VOLUNTARY ACT OF SUCH LIMITED LIABILITY COMP ANY f'OR THE USES AND PURPOSES MENTIOHED IN THE INSTRUMENT. DATED THIS -----DAY OF -------200_ (SICNA1\JRE OF NOTARY) (PRINT OR TYPE NAME OF NOT ARY) N OTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON , RESIDING AT, _____ _ MY COMMISSION EXPIRES·~----- QTY~ RENTON EXAMINED AND APPROVED THIS ----DAY OF ----------· 200_ ADMINISTRATOR OF DEPARTMENT Of COMMU NI TY AND ECONOMIC DEVELOPMEN T KING COUNTY ASSESSOR EXAMINED AND APPROVED THIS----DAY OF ------------· 200 _ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOH U.S. BANK NATIONAL ASSOCIATION, THE BENEFICIARY OF A DEED OF TRUST DA TED APRIL 23, 2008 AND RECORDED UNDER KING COUNTY RECORDtNG NUMBER 20080501000406. HEREBY CON SENTS TO STRADA DA VALLE LLC'S EXECUTION OF THE ABOVE-STA TED DECLARATION. U.S. BANK NATIONAL ASSOCIATION BY· ------------(SIGNA1\JRE) (PRINT NAME) (TI TLE ) ) STATE OF -) SS. COUNTY OF ------) I CERTIFY TH AT I KNOW OR HAVE SATISFAC TORY EVIDENCE THAT ON THIS __ DAY OF 200_ APPEARED BEFORE ME ANO ACKNOWI.EOGED THAT HE/SHE SIGNED THE INSTRUMENT. ON OA 1H ST A TEO 1HAT HE/SHE WAS AUTHORIZED TO EXECUTE THE IN STRU MENT AND ACKNOv.\.EOGED IT AS OF U .S. BANK NATIONAL ASSOCIA TIOH AND ACKNOWI...EDGED SAIO INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF U.S. BANK NATIONAL ASSOCIATION FOR 1HE USES ANO PURPOSES THEREIN MENTIONED . DA TEO 1HIS -----DAY OF ---------200_ (SIGN A1\JRE OF NOTARY) {PRINT OR TWE NAME OF NOTARY) NOTARY PUBLIC IN ANO FOR THE STATE OF RESIDING AT __ _ IAY CO IAM ISSION EXPIRES,~· -----~ l£GAL DESCRIPTION: THAT PORTION OF 1HE NORTHWEST QUARTER OF THE NORTHEAST OUARTER OF SECTION JO, TOv.t!SHIP 23 NOR TH, RANGE 5 EAST, W.M., KING COUNTY, WA SHI NGTON, L '11NG WESTERLY OF TH E WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 ANO L'11 NC EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY: EXCEPT THE NORTHERLY 100 FEET THEREOF. @ .\ . \ '} 0 j • \ { I S l&Oth ST / , I ~ VICINITY MAP NOT TO SCAl.£ EASEMENTS AND 01HER RECORDED INSTRUMENTS: 1. RELINQUISHMENT OF ALL EXISTING AND f'Ul\JRE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS Of ACCESS TO AND FROM THE S TATE HIGHWAY CONSTRUCTE D ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JAN JARY 18, 1962 RECORDING NO.: 5 37581 0 IN f'AVOR OF: 1HE STATE OF WASHINGTON 2. EASEMENT, INCI.UDING TERMS AN O PROVISIONS CON TAINED 1HERON: RECORDED: AUGUST 6. 1975 RECORDING NO.: 7508060393 IN f'AVOR OF: PUGET SOUND POWER ANO LIGHT COMPANY, A WASHINGTON CORPOR ... TION f'OR : ELECTRIC TRANSM ISSION ANO/OR DtSTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOil THE EXACT LOCATION . 3 TERMS AND CONDtTIONS OF TEMPORARY WATER SERVICE AGREEMENT RECORDED : JUNE 25, 197 9 RECORDING NO.: 7906250761 4 . INDEMNITY AGREEMENT AND 1HE TERMS AND CONDITIONS THEREOF: BETWEEN: STRADA DA VALLE. A WA SHINGTON GENERAL PARTNERSHIP AND: CITY OF RENTON RECORDED: SEPTEMBER 19. 1990 RECORDtNG NUMBER: 900919070J 5 TERMS ANO CONDITIONS OF SEWER GRADE RELEASE RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9009190704 6 . EASEMEN T, INCLUDING TERMS AND PROVISIONS CONTAINED THEREJN : RECORDED: NOi/EMBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON COOPOR ATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TD SAID INSTRUMENT f'OR THE EXACT LOCATION. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8 , 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING, MAINTAINING, REPAIRING, Al TERING OR RECONSTRUCTING UTILITIES AFFECTS: REFER TO S AID INSTRUIAEN T FOR THE EXACT LOCATION. 8 . EASEMENT, INClJJDING TERMS ANO PRO'<ISIONS COHTAINED 1HEREIN: RECORDED: JULY 8. 1991 RECORDING N O.: 9107080927 IN FAVOR OF: CITY OF RENTON FOR: ORAINAGE AFFECTS: REFER TO SAJO INSTRUMENT FOR 1HE EXACT LOCATION. 9. EASEMEN T, INCLUDING TERMS AND PROVISIONS COHTAJ NED 1HEREIN: RECORDED: JULY 8 , 1991 RECOODING NO.: 9107080928 IN FAVOR OF: CITY OF RENTOH FOR: PUBLIC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOil THE EXACT LOCATION. 10. TERMS ANO COHDITIONS OF RESTRICTIVE ~01/EN ANT REGARDING LID P ARTICIPATION RECORDED: APRIL 21, 1994 RECOR DING NO.: 9404210537 PORT10N OF llORT1111EST QUAR'ID or THE llORT1fUST QUARTER or SECnON SO, TOllNSIUP 23 NOR1ll . RANC E 5 EAST, W II. cm OF RENTON SHORT PUT NO LUA ------ urn----- AUDITOR OR RECORDER 'S CERllFlCATE SURVEYOR'S CERllFlCA TE ~ STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD. RENTON. WA 98055 TAX LOT 302305-9103-09 f"iled f« record th1 s __ doy of ___ • 20_ ot __ M in Book __ o f Svrveys ot poge ___ o t the request of BUSH, RDED & HITCHINGS, INC COUNTY AUDITOR OR DIVISION OF RECORDS & ELEC TI ON S County Auditor or Superintendent o f Records This mop correctly represents a sur,e)' mode by me or under my o,re ct ,on if'\ conformance w;th the requireme nts of the Survey Re cording ~ct 01 the request o f STRADA DA VALLE LLC __ ,n ~ 20~ Cen1f,cote N o 3313_9 ....... -,,.....,..,,.,,.----,-.,.,.,,-..,,-......,.,...,,.--,,~ BUSH, ROED & HITCHINGS, I NC. CIVIL ENGINEERS & LANO SURVEYORS 7009 ._.lt,l()R A\o'(HV{ Las~ somr. wASMfNC lCN 911102 -]'}IJ (20&) l2J-414-4 ,-eoo-us-~ r "Y.f (206) J2l-71J5 DRA WN BY RH T DATE 03-03-09 I JOB # 2008105 DO CHECKED BY JGW SCALE N /A SHEET 2 OF 4 U ~1~4'7ct.Q. 03i02/200e 15°" 40 (:l.(\\'3~,:.-I sooz \ -~d\1 _A -~ -"-.-NE COR S£C JO f'NO. T,t,CK IN COHCR£rt MON •• I ro~ t!>~E:~o>ig;:~:. 1 -r d ~ii ~-~ ~g i ~~1111 ~~ ~ :e~I~ N ~ WW CONTROl PNT. 230) N 170575 .CJ E 1J0054_2 7"5.' \ ---- -~ CIIOWUJ ~("'._'.'.) _, ,oo· . ,... __ ~~ I ---3:\. ~8 t~I .... ; ~ TL 302303-900! ---• . 'ti I I ~ !:,i I ~ le~ I a, ~; 1 L s~rc ~ ---------- SR ,s? ---------- R(UNGOUISHM[NT ~ AU (XISTINC ANO F\JT\JRE RICHf'S TO UWT, Vl[W AND AIR, TOCCTHER WITH nfE R,GHT'S or ACC£SS TO AND f"ROM TkE STAT{ Ml~WA.Y REC NO. !J.376810 Et,St;t,4ENT NOJ[ JOINT USE DRIVEWAY EASEMENTS TO BE CREA TED BY "DECLARATION Of" EASEMENTS, COVENANTS, AND AGREE MEN T RUNNING 1>1TH THE LANO" RECORDED ALONG 1>1ni THIS RECORD Of" SURVEY UNDER KING COUNTY RECORDING NO. ------ \..../ t - ~ ICWi~ -_l_ ~I w -r--=._- " 17·~-----1 ----- llq) 1/2• BR0Ha: ROD , . WCST UN( NW 1/4. W/PUN()f _.. CASC. OOWrril OJ in8 NI[ 1/4, SECnoN JO 'll'!SiTEO 6-2$-0l!!I ..,. ROW UHC <oTY or RonON HORIZONTAL. I r (NP.> COHTRO.. PHT 1'60) __ ---__ ~ __ ---H 17057& 87 _J C 1297Ml,44 ROw MONUt.lDH E VALL[Y RO FNO TAO< IN 2• CONC' MON IN CAS£, DO~ IQ' VISITED 6-2~08 REFERENCES : -RECORD Of' SUR\IEY, REC NO 8202189001 -RECORD Of' SURVEY, REC NO 9111089007 -RECORD Of' SURVEY. REC NO 9509059008 -RECORD Of" SURVEY, REC. NO. 9606199001 -RECORD Of" SURVEY. REC. NO 9902129009 -OTY Of" RENTON HORIZONTAL SURVEY CONTROL NETWORK SURVEY NOTES: HORIZONTAL DA TU M: WASH INGTON COOROINA TE SYSTEM, NAO 83/91, NORTH ZONE. PER OTY Of" RENTON HORIZONTAL SURVEY CONTROL NETWORK. BASIS Of" BEARINGS: CITY Of" RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AN O 230, SOUTii 89"58'08" EAST 2659 Jl' (CALCULATED ANO MEASURED). INSTRUMENT: THIS SURVEY WAS PERFORMED 1>1ni A L[ICA TCR 110~ TOTAL STATION. SIER1AL NO 621961, AND A LEICA GPS1200 SURVEYING SYSTEM SER IAL NO. 160230. PRECISION: PRECISION EXCEEDS 1 10,000 GROUND TRAVERSE METHODS AND WERE IN ACCORDANCE 1>1TH WA C 332-130-090 FlEI.D SURVEY: THE FIELD SURVEY WAS PERFORMED .AJNE 2008 ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND. UNLESS OTiiER\lolSE NOTED. SECTION SUBDIVISION: ~ JOINT USE JOINT USEV~U DRIVEWAY DRIVEWAY EASEMENT EAS EMENT ,;!''. STRIP B STRIP A LOT 1 EAS T VALLEY ROAD DETAIL A SCAl£; ,. --~ LOT 2 ~ - SR ,67 ... ---------- -.-:-"-.; . .. -: ' ( 111 fBl:T ) 1 lDcb • .ao It. --------------------- SITE MAP PORTION or II ORTlfll'tST QU.u<nll or THI! IIOlm!XAS'T QU.u<nll Of SECTION 30, TllllNSHIP '13 NORTH . RA!IGE 5 EAST. W II STRADA DA VALLE SHORT PLAT 2400 EAS T VALLEY ROAD, RENTON . WA 98055 TAX LOT .302305-9103-09 ~ -WSOOT SRI 6 7 HIGHWAY MAP -S. 226TH. TO f!ENTON SUBDIVISION Of" SECTION 30. T'M' 23N, RGE. SE. WA S CALCULATED PER RECORO Of" SUR\IEYS "REC. NOS; 8202189001 ANO 9111089007". IIRH BUSH~.~R~O~E~D,......,&--,-H~IT~C~H-IN~G~S~,-,.,.IN=-c. CIVIL ENGINEERS & LAND SURVEYORS DRA Wt-1 BY RHT DATE· 03-03-09 I JOB II 2008105.00 tt'\l~t01!Powa'XS-8P•fU.dwl,.03«>2J200l 1S·1• 17 20(.,g r,,,JHOH AVlht.( £•S ' '5(4TTl[. W&SMINCf()M 9&101-.\!,1.} (200) .\23-41U 1-aoG-9lS-051l1J r.-,:r;, (206) 31.\· 71J5 CHECKED BY JGW SCALE 1" = 40' I SHEET 3 OF 4 Ou". \ , I• -,_ . '";J. ! .• . .J . -~, · .. : :·j ~ -- v· ;i ' ... l .. ··, ---- EX. BUILDING C I-STORY CONCRETt: oma: BUILDING 28.4-43::t: SO. FT. WATERUNE: [A.S[W[NT AT GROUND LEVEL REC NO. 9101080928 EAST VALLEY ROAD --------- WzE!W. > f'R DfJ'AR N ENT CONNECTION ~ SEcnOH CORNER ~ FR: HYt)RANT 29 '1. nn cJk G GAS MAIN OJARTER SECTION CORNER 30 ti--CAS.---- 0 SUR~ MCIHUMENl e CAS VAL't'C A/C ASPHALnc CONCft£TE PA~wtNT ~ HANDICAP PAR1<1NC SPAC£ OSOi. BVl..OtNC S£l9A0< LNE IBIM IRRICATICI" CONTROU(A (C) CALCUUTEO * UGHl POU = CAlD4 BASIN <it WAU< UCHl cc CONCRClt CURS HO. NlMll[R co COHCRClE - 0/H p ~""""" PCC PORnANO CO,,l[HT CONCR(1[ PA\OICNT -< OUTrAU. cw COHCRClE w,u,. ows 01./WATER S(P/IAATOR EC CLlCTRtCAl.. CONDUIT PS P~S1AU ru:c. D.ECTRICAI. SlD STAHOARO C(M> COIWACl on filCTRtCAL TRANSFORMCR IJ POST N>K:ATOA VAL\1: DEV rucTRtCM. VAUt.T REC. RECOf!DIHC RET RET.....,. U\lDC'l20091~·R1.dWl,03m/20oi15 1621 SR ,s7 LOT 3 134,074 SQ n 30779 ACRES 21' TO fACE RET WALL ,~~, IIJ~ 111 11rn .,, ' I ... ~ 'i ii I bl~ I~~~ § u z u i,! :. ~~ ~~ ~ 3 6 ' CHAJN LINk f"CHa: ON 12· COHC R(T WALL "' :,, "' io ~ LUMBER YARD :ll TL 302303-90% ti) 8' WOOD BOARD rENCC A/C <!:""...,;-~- (""') S£CTION ---.; w (CA.1..C\JlATED) / ---------=--,-u.._ __ A/C _ --+ S Ot'•:52• W 131696::--_:-A -~ ~ MONUM[NT £. VAU.[Y 1-iWY-.../ ¥1(.Sf UN[ NW 1/•~ C(HT[RUN[ , 8 F"NO 1-J/4 BR"5S OfSC '#/+· ~ t,E 11,. SCCtlON jc, CA.ST v~O: ~ ~ ,o ~~.·~sa~c~~2$-oe Ul I so ~ so ss © • TC 1l' Ml ... w • z ----_ _L;L _ ~ ,.._c "1U!S£CnOH ~ STOR\I DRAJH STORM DRAIN WoUIHOl.£ SIGN SOUARE SANITARY SEWER SAHIT.\RY S[W(R MAHHQ.£ S'TR:E£1 UQiT .AJNCnON 80X TELECOMMUNICATIONS CONOUIT l[L[CQMt.tUNCA. T\OJ,IS SENTRY Tn.ECOM t.tl.HCA TIONS VN.J .. T Ul"lJl'Y POlC 'flAT[R MAIN WATER wr,ut WA.T[R \IAL\IE ' ' \ N I ;i: (/) -~-.. ! .. ' I ---( DI l'DT) I Lach • 40 n. .. ' / / ,,,-- ~rum:·~- s. 1/4 cat sec 30__......T f"NO MON lH CASE. 'y!SIT[D 6-:Z5'-08 ~~TR: =.~l~601"'lONTAl I SITE MAP PORTION or NORTKQST QUARTER or THE NORTHEAST QUARTER or 9BCTION 30, TOWIISHIP 23 NORnl, RA/ICE ~ EAST. W.W. o..-..., '#AT[R VAUlT ~ STRADA DA VALLE SHORT PLAT iiiR -....,.~--------,..,..,,----BUSH, ROED & HITCHINGS, INC . CIVIL ENGINEERS & LAND SURVEYORS 1009 rJ)Nc,> A',(Nu( fAC:1 'SU nlf. W"-Sk1HC, TW 91!1102-)~13 (205) 32l· nu 1-800-iJ~-0509 r•x, (208) l2J·71J) 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 DRAWN BY RHT DATE 3-3-09 JOB II 2008105.00 CHECKED BY JGW SCALE 1" =40' f SHEET 4 OF 4 ,·. ,\• \3! 2008105 1 of 1 '"''" ~OC1At.M,,, l>O'Sif.T. t;[-.ool)l,I.,,, -------- ,. 1; '! !- . A T ,. , .. AVE " NORTHERN -= -·»--=-~ ORI LL IA Ill -~- NEIGHBORHOOD DETAIL MAP STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD R[NfON K INC COUNTY n ~"' "' .. !·· ...... ~ U) ~ " n ... ., " l -< " . ;-i '• BUSH, ROED I: HITCHINGS, INC. aw. EN()INEEM • LANO SUII\IEYORS 6002 -Bd~ N. i II ) ,,1( I <f -;r--f-CO,TUUI( ~! N<I ~~ > l<?" i -~ -li'u -;~,~' .''J .. o-_ ~·'."' i; ~· :· '"':I: ~8 ~~, u T'!P,) CR~UN[ >~ ~ -uxr. I I . ~ .:!.~ i§ ~~ ~,=! i_.; "' ... ~ s· \·)" ~ LI L2 _!,,! L4 L5 ~ g l.5, 1.91 .... iii"rAii£ lDIC1H I.al ~ 1±_07 ,1 .. ,,:-:u rm ~ 11H ~-"9 -'lla!! - i.-.J ~ ; ( Ill n:n ) 1 tDolt • '° ft. LOT LINE LOT 1 ~ -~r ~ \:= ' lj ---- b= "°'· .. ·on. L ~-_ _ _t, _ un:w,2:.i. _ _ _ _ _ 1.. --~ ~ 1.-=--=-_ .=._ _____ _ rr, "!J!l.n ~ --+ -- --.,. ------------------,-Y -- ---------1 ------------1' ~s oi·.a'52' w SEE STORM DRAIN -• ~ I.MC NW 1/4, '-...ow ctN'IDUIE EAST VALLEY ROAD EASEMENT STRIPS .n8 N( 1/4, SCCllON 30 £AST VAU£Y Ill). 0£TAJL BELOW r-----:::=====:::;--,,-,-----, I L_______________________ I I I I I 0.BOOMNGB I LOT LINE ------ -:ae- i. -.Ji i (llll'WI') 1 -.b•'°ft. 1217.0;5' EX. MAJllllC C 1-SltlRV CONclt£T[ omcc IIUU>INC SR \67 ~ '.W S! "'"·'!ill . -~-- - -, L -~ ------mu5\C)-----1 -- I 'IIIEST LM MW 1/4. EAST VAU£Y ROAD NE 1/4. SCGllOH 30 LUMBER YARD c::::-R()W~ (T'tP.J S 01·-4 51·~2· w - --1 ----,--,-r------------- CO<TDIL ... [AS1 VAU.[Y RO .n 8 ~ (/) ------------------------------------ROW UN£ l.. _ l~ i:1:1 0. 8VII.DING A 4JO. 70' LOT LINE S.Jf• il_.i::,t-STORII DRAIN EASEMENT STRIP A-2 OT 2 ~ STORM DRAIN EASEMENT SlRIP D N01"38"11"'t ~.!4:!0'_ -'fl~" ... --- --------- -'lla!! - -.J i ( Ill PDT ) ll.Dcb•30 ft. j STORM DRAIN EASEMENT STRIPS DETAIL STORM DRAIN EASEMENTS PORTION OF NW 1/4, NE 1/4, SECTION 30, TOWN SHIP 23 NORTH. RANGE 5 EAST. 1'.M. RE CORD OF SU RVEY FOR : STRADA DA VALLE LLC 2400 EAST VALLEY ROAD , RENTON . WA 98055 ORAWN BY RHT I DATE: 03/02/09 IJOB # 2008105.00 CHECKED BY JG W SCALE: l" = 4 0' I SHEET 3 OF 4 GOOZ \ -· tldv' 0EVELOPMEN1 PLANNING GlTY OF 8ENTO~· APR -l 2009 RECEIVED ~--~ . "-.-HE COR. SEC. JO Fl«>. TACK l'f CON~T[ MON. b ~~:·~,:~:Ji(~~ § ;, '," j, ~ ii ( .... , !, I ,. ---r-~-- ~I \ i~ i ·~ :!1: 1-ill,i"' ~~I~ ~8 1',..' ROW LNE -~I Ci:·> - ~ 100· \:I . i-------, ~ :i! TL 302303-9001 -CO i~ I I ; "'b( I a> ~.. I ROWL.lt( ~ -- EASfMfN T NOTE: JOINT USE ~AY EASEMENT STRIP A LOT 1 JOINT USE DR1VEWA Y EASEMENTS TO BE CREA TED BY "OECLAAA TION OF EASEMENTS. CO\IENANTS. ANO AGREEMENT RUNNING 'MTH THE LANO" RECORDED ALONG WITH THIS RECORD OF SURVEY UNDER KING COUNTY RECORDING NO. -SCM.[; 1' -4(/ ------ AEl.lNOlHSMIE.HT OF ALL DQS'flr,IC AHO f'\JTVRE RIGHTS TO LICHT. \€W AN() Mt, lOCE1M[R W:lk Tl1E R1CHTS fS MXDS lO Ne ntOW THE STAlE tte:H'WAY ACC. NO. 5J76810 EAST VAU.EY ROAD DETAIL OF lHE EXISTING LOT 1-LOT 2 COMMON ENTRANCE DRIVEWAY r I L -\!!"'·> 0 ii· ~ ~ b&, rcw -c~.-;--w-~".I ---,- r,-...Jli.11 · L ~ -. _ ~ H. '7• ~-------i - - nc>. 1/r BROHC[ IOO • 91:ST i.N NW 1 /4, ~ ... ~~ DOWN a.J';i~ NC 1/4, SEC11ClH .lll (QIY fl ll£lrnlH HOIIZO,TAI. j CONTRQ. PNT. 1180) N 170571.87 ..,;c---r--------------=+----.. -Ul.'48'$2"._i -1 ~soi·~~ --=--=-- ElGS"l1NQ 'LOT HiPECIFIC '---a>1mu<c EAST VALLEY ROAD ENTRANCE ORl\£WAY £AST YMJEY AD. .. EAST VAU.EY ROAD JOINT USE DRIVEWAY EASEMENT -STRIP O SCAIE I' • 40' LOT 3 DETAIL OF lHE EXISTING LOT 2-LOT 3 COMMON ENTRANCE DRIVEWAY .,;c---if ~----...... -----~ -=---=-l. -- - -. - - ElQST1IIG LOT 1-LOT 2 y ------------ COIIIION ENTRANCE DR1\£WAY C 121718l..44 ROW WCIHUlefT £. YAU.CY ltO. -' ----:;-----------• .J • • (SE£ DETAL) ---------------------------------- f'NO. TA()( lrf r' C0HC. WOii IN CA$£. OO'IIN 1.0" '-ASITtD e-2S-oe • FRQ'lll Y6BP 9$Rl NOTE$: UNDER RENTON MUNlal'AL CODE SECTION 4-2-120, THE 10-FOOT MINIMUM FRONT YAAD IIUtLOING SETBACK ~ POI RENTI:JN'S ~AL ARTERIAL (CA) ZON£ MAY BE REDUCED TO O FEET 'IHROUGH RENTON'S SITE Pl.AN REvlEW PROCESS PRO\IIOED BU.NK WALLS ARE NOT LOCATED WITltN THE RE0UaD SETBACK AUlfTOR OR RECORDER'S CERmCAlE w -I I (DIPDT ) ·--40 It. SUft)f)' NOJES· HOl!IZONTAI. DATUM; WASHINGTON COORDINATE SYSTEt.l, NAO BJ/91, NORTH ZONE, PER QTY Of RENTON HORIZONTAL SURl,£Y CONTROL NETWORK. BASIS OF BEARINGS: CITY OF RENTON HORIZONTAL CONTROL POINT NUt.lBERS 11&0 ANO 2JO, S0Ulli 89°58'08" EAST 2659.Jl' (CALCULATED ANO t.lEASUREO ). INSTRU"4ENT: THIS SURl,£Y WAS PEllf'ORIIEO YIITH A LEJCA TCR 1105 TOTAL STATION, SEJIIAL NO. 6211161, ANO A L.EICA GPS1200 SUR'<£YING SYSTEM SEJIIAL NO. 1&02.JO. PREQSION: PREQSION EXCEEDS 1: 10,000 GROUND TRAVERSE t.lETHOOS mo WERE IN ACCOROANGE 'MTH WAC 332-1.30-090. SUR\f:YOR'S CERTIACA lE F1EIJ) SURl,£Y: THE fl£U> SUR'<£Y WAS PERFORIIED JUNE 2008. ANQ.ES NII) DISTANCES liHOWN HEREON AAE ON GROUND. UNLESS OlWERWISE NOltD. SECTION SUBOMSION: SUBOIIIISION OF SECTION 30, TWP. 23N, RGE. SE, WAS CALCULATED PER RECORD OF SIJRWVS "REC, NOS: 8202189001 ANO 9111089007". REFERENCES; -RECORD OF SUR'-£Y, REC . NO. 8202189001 -RECORD OF SUR'<£Y, REC. NO. 9111089007 -RECORD OF S1JR',£Y, REC. NO. 9509059008 -RECORD Of SURl,£Y, REC. NO. 9606199001 -RECORD OF SURl,£Y, REC. NO. 9902129009 -CITY OF RENTON HORIZONTAL SUR1,£Y CONTROL NETWORK -WSDOT SR167 HIGHWAY t.lM' -S. 228TH. TO RENTON Flied for record this __ doy of ___ • 2D_ot __ M. Th is mop correctly represen t s o survey mode by me or under my direction 1n conformance with the requkements of the Surveb Recordin~ Act ot the request of •--~ In Book __ of Surveys ot poge ___ ot the request of STR ADA A ~ ,n JUNE . 20 08 £hr'~--- Cer\;ficote No ~ BUSH, ROED 4E HITCHI NGS, INC. COUNTY AUDITOR OR 01\/ISH)N OF RECORDS & EL£CTI0NS County Auditor or Superintendent of Records BUSH, ROED & HITCHINGS, INC . CIIIIL ENGINEERS de LAND SURVEYORS = IIMfOllt A\iOWC CAST N1~~:SHIN0TON ,!~ffl:~ '"' (208) 323-71~ ---------- LEG&-PESCRIPDON· THAT PORTION OF THE NORTHWEST QUARTER Of THE NORTHEAST QUARTER OF SECTION JO, TOWNSHIP 2.J NORTH, RANGE 5 EAST. W.M., KING COUNTY, WASHINGTON, LYING ¥IESTERI. Y OF THE M:ST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 ANO LYING EASTERLY OF THE EAST MARGIN Of THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. SITE MAP PORTION OF NW 1/4, NE 1/4 , SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. RECORD OF SURVEY FOR: STRADA DA VALLE LLC 2400 EAST VALLEY ROAD, RENTON . WA 98055 DRAWN BY RHT DATE: 03/02/09 I JOB # 2008105.00 CHECKED CY JGW SCALE: 1" ; 40' I SHEET 1 OF 4 .·~:,._,trr1J· _;(J t ~_(' ·;':"-l.-l L,._ -,~·~ \,: /\:30 ........ -H 11 f~ •. ~ I.E.GEtlll. * +a 0 A/c esa. (C) a cc CD PCC cw EC El£C. OET DEV n:, .~ I -"" EX. IIOUltHG C !-STORY CO«:A£lE omCE BUIUllNC . , -+---r-!" .. 'ffi> -_-a-.~ 7- 'r' ' EXI~ LOT 2-lOT-3 -----rr,n,'(C) ~ .,..,.--=:f--f -r:._ / -~-:_ -=--:-I CC>MMC»1 ENTRAHCE DR1\€WAY 35• SIGH ,,,'--,.oo I (SEE DETA1.. SHEET t ) EAST VALLEY ROAD :Si;~ .. ~~';., ~r~. -------------------- -----....a;.~-_...._ __ --> 'It£ DO'Alt"NDfT CCNICC1ION • POOT IOCA TOIi VAl.'11: -9-flR£ .._..,., occ. 0£CORl)IHC n . FEET RET. ROAINING GUNl1Ut !£CTIClN COIIO C """"""' so STORM DRAIN SUl'l[Y IIONMENT ~ STCltM DRAIN MAHHOU: a GAS M£TtR ASIPHALl'IC CONCRETE PA"8E"'T • GAS V,LVE. ~ SIGN 8UllllHO SClBAOC lH ~ H.ANDtCAP P~ SPACC SQ. SOJARE CALQ.Ultl> ...... IRRtGA lQt CONTROUDt ss SANlMY 'SOl£R CAIOI-~ UQ<T P()l£ © SNITARY SE'flP WNHJ..E OOHCIIC1E ClJIII ~ WAU( UClKT • STREET UOHT .AMCnON BOX CONCIICl[ 1111M NO. -TC 10.ECOlriMJMCA 1lONS OOMOUIT ,ollllNC) COErfT CONCRElE PA\81DfT 0/1<. oYERHCl,O """" ~ l[l£CCJIAIUMCA1IONS SDITitY CONCIICl[ WAU< --< ~AU. nu lEl.£COMUUNtCA ncNS VAULT EUC11'ICM. OOHDUT ows Oil/WA TO. 51'.P ARA TOR ... Ull.JT'r POLE El£C1111CN.. PS ·-$TAU. w WAT[R MAIN D.LC111CAL lRAHSFORMER $TO STAHOARO • WAlt:R MC1UI <XIIIP COMP/.CT n.LcnlCAL VNJLT z WATDI VN_V( 2.1· TO r.t.CC RET. WAU ---II I Ill~ ~ t. olj ! .. Ill 3 A/C ~ A/C 15· CHAIN LNK F'ENCt ON 12~ ~ RET WAU. uJ :,, N ~ LUMBER YARD ~ TL 302303-9096 1/) e· WOOO 90ARO FENCE A/c ~IIOW UNC---- --(Tll' ) ---coorR ---::;-I ~ S 01"49">2" W ~CY EXISTING ~ -_,J,.... (CALCU..•TID) LOT 3-SPEClflC 1-L_ --:::-OllRAHCt DRf\€W V) FNO MON\JMO<T -30 --... AY I '" ~3/• au~ •AUL• RO --...... ~ °"""'o,·"°"'"c~•,.-· ,-.... CAST o.os= ..,SITED e-2~ ; I INTO.SEC n: CALc oa ' ' \ V) ----• ..J • ~ 11 • I ' (DIPDT) ltDo.b-40 rt. / / ,,.-- s 01·49·sr w + --~2r,1iJ2" - S 1/-4 COit SEC. 30 __..,,..,. F'NO. WON. ,,_ CASE. ..,SITED 8-25-08 ~TR: ~~:ZONTAL I SITE MAP PORTION OF NW 1/4 , NE 1/4 , SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, lUI . RECORD OF SURVEY FOR: STRADA DA VALLE LLC 2400 EAST VALLEY ROAD, RENTON. WA 98055 DRAWN BY RHT DATE: 03/02/09 I JOB (I 2008105 00 CHECKED BY JGW SCALE: 1" =40' !SHEET 2 OF 4 c F-v~u)?ME•,~ ?' :..~:-JIN(, n-.v Ot ~ft.. '~· t\P R -1 ,.uO~· RE.CE\\JEU , . ... ! PARTIES OF RECORD STRADA DA VALLE SHORT PLAT LUA09-042, SHPL-A David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd ste: #202 Fircrest, WA 98466 tel: (206) 443-4684 eml: davidhalinen@halinenlaw.com (contact) Updated: 03/27/09 c/o Gary Merlino, Manager Strada da Valle LLC 9125 10th Avenue S Seattle, WA 98108 tel: (206) 762-9125 (owner/ applicant) •, (Page 1 of 1) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO.: FROM: SUBJECT: MEMORAI\IDUM January 7, 2011 Bonnie Walton, City Clerk's Office Car.rie K. Olson, Plan Review x7235(!p STRADA DA VALLE SHORT PLAT LUA09-042-SHPL Attached please find two sets of the above-referenced origin.al Mylar and three paper copies of the Mylar for recording with King County . . The recording instructions in order are as follows: 1. Reco(d the short plat Mylar. 2. Record the Record of Survey drawings and request King County to write the recording number in the space provide on the Mylar. 3. Record the Declaration document and.request King County to write the recording number.in the space provide on the Mylar. 4. Request King County to return a copy of the executed Mylar to us for our records. Please have the Courier take these documents via 8-hour service. A check in the mount of $15.81 made out to Champion Couriers is. attached. According to Finan~e, the King County recording fees for this and all subsequent plat recordings should be charged to account #000000.007.559.60.49.003. Please call me if you have any questions. Thank you. Cc: Kayren Kittrick (Notice of Recording) Jan Conklin Yellow File i:\planreview\colson\shortplats 2010\strada da valle shpl 06m clerkrecord new format.doc COMMUNITY & ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M January 6, 2011 Gregg Zimmerman, Public Works Department Carrie Olson, Plan Review cP STRADA DA VALLE SHORT PLAT-LUA09-042-SHPL The Department of Community and Economic Development has reviewed and recommended approval of the Strada da Valle Short Plat. Requirements and conditions have been fulfilled and fees paid. Two original Mylar are attached and are submitted for your review and signature.· Please return mylars to me for recording. Thank you. cc: Yellow File \\I:\PlanReview\COLSON\Shortplats 20JO\Strada Da Valle SHPL OSm ZimSign New Format.doc ,. HALINEN LAW OFFICES, P.S. David L. Halinen, P.E., Attorney at Law davidhalinen@halinenlaw.com HAND-DELIVERED A Professional Service Corporation 1019 Regents Boulevard, Suite 202 Fircrest, Washington 98466-6037 January 6, 2011 City of Renton Department of Community Development Development Services Division 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: Carrie K. Olson, Plan Review Re: Strada da Valle Short Plat (LUA09-042, SHPL-A) Submittal of Final Documents for City Approval and Recording Dear Carrie: Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 In follow-up to our phone discussion yesterday and in reference to your August 17, 2010 letter to me concerning the Strada da Valley Short Plat, I herewith submit the following items: (I) The finalized, original four-sheet set of short plat mylars bearing a notarized signature on behalf of the Declarant and a notarized consent signature on behalf of US Bank, ready for signatures by City officials and recording; (2) A set of mylar copies of the short plat sheets noted in item (I), above (ready for signatures by City officials and submittal to King County for conforming and return to the City); (3) A set of8Yi-inch by I I-inch photo reductions of the short plat sheets (for retention in the City's file); (4) An original, paper set of the four-sheet Record of Survey for the subject property for recording ( each sheet signed by the Professional Land Surveyor); (5) A set of SY,-inch by I I-inch photo reductions of the Record of Survey sheets (for retention in the City's file); ( 6) A signed original of the "Declaration of Easements, Covenants, and Agreement Running with the Land" (the "Declaration") for recording; (7) And three copies of a two-page memo addressed to (a) the Renton City City of Renton Department of Community Development Development Services Division Attn: Carrie K. Olson, Plan Review January 6, 2011 Page2 Clerk's Office, (b) Kathy Whalen at the King County Department of Assessments, and (c) the King County Recorder's Office setting forth Special Recording Instructions; and (8) A Halinen Law Offices, P .S. check payable to the order of Champion Couriers for the courier fee. Note that the finalized short plat sheets reflect all of the revision requests set forth in your August 17, 2010 letter to me. Please secure the required signatures of City officials on both (a) the original short plat mylar sheets and (b) the mylar copies of the short plat sheets. Once you have done so, please submit all of those sheets along with (I) the Record of Survey, (2) the Declaration, (3) the three copies of the Special Recording Instructions memo and (4) the courier fee check to the City Clerk's Office and arrange to have the City Clerk's Office courier the relevant items to King County as noted in the Special Recording Instructions memo. Please let me know if you have any questions. Sincerely, Attachments cc: Strada da Valle LLC Attn: Gary Merlino ( without copies of attachments) Attn: Ariane Elvebak (without copies of attachments) Y:\cf\2488\007\Short Plat Finalization\Carrie Olson LTI (l ·6·11 ).doc ; Carrie Olson From: Sent: To: Cc: Subject: Attachments: • Carrie Olson Tuesday, August 17, 2010 3:44 PM 'davidhalinen@halinenlaw.com' Jan Illian; Rocale Timmons; Kayren K. Kittrick Comments from Strada Da Valle Short Plat Review 20100817142922800.pdf Hi David, Please find attached a copy of the original comment letter that has been sent to you through the mail. Thought you might like to get them as soon as possible. As you can see, I have also faxed a copy to James Harper, of Bush, Roed and Hitchings. Please submit the signed mylars, declaration document and check for my review. If all is well, I will submit the mylars for signing by our Public Works Administrator and then send the whole package to the City Clerk for recording. I will be back in the office Tuesday, August 24 1h and will proceed with the review then. We should be able to have all recorded by the end of next week. Thanks. Ca.rri.e, 7(.0um,, Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 coison@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -------}~, ... ~"".;fu""'i"-1t-:Q>--:::_-r1_®_,,,·,. 1 ' Denis Law Mayor ~·· JD\ ~·""'-ll.,.,....,. ' August 17, 2010 Department of Community and Economic Development Alex Pietsch, Administrator David L. Halinen Halinen Law Offices, P.S. 1019 Regents Boulevard, Suite 202 Fircrest WA 98466-6037 SUBJECT: STRADA DA VALLE SHORT PLAT, LUA-09-042-SHPL Dear Mr. Halinen: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Please apply the following correct addresses to the short plat drawings: Lot 1 -2300 East Valley Road; Lot 2 is correct; Lot 3 -2500 East Valley Road. 2. Correct parcel# for existing lot North of Lot 1 to 302305-9101 and Parcel# for existing lot South of Lot 3 to 302305-9096. 3. It is suggested Sheet 1 of 4 of the short plat submittal be exchanged with Sheet 2 of 4. What is now Sheet 2 of 4 is a better choice for Sheet 1 of 4 because the approval blocks, the owner's signature and acknowledgment blocks and the legal description are usually shown before any of the drawing pages are seen. 4. Remove the City of Renton "SEAL" from all four sheets of the submittal. 5. Supply the King County recording number of the record of survey noted at the top of Sheet 3 of 4, or remove that note if redundant. 6. Also, under "References" on Sheet 3 of 4, the Declaration title and space for a recording number is redundant, please remove. 7. Submit an original, signed and notarized Declaration of Easements, 'covenants, and Agreement document for recording concurrently with the short plat Mylar. When the above items are completed; you may submit the signed and notarized short plat Mylar (one original Mylar and one copy (on Mylar) of each sheet) along with a check in the amount of $15.81 (current courier fee) made out to Champion Couriers. l:\PlanReview\COLSON\ShortpliitJ 201 O\Strada da Valle SHPL 4L RequestMylarStop.doc Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov . ' Page 2 , . August 17, 2010 Should you need to discuss any portion of this letter please contact me at (425) 430- 7235. Sincerely, Carrie K. Olson Development Services, Plan Review . FAXED TO: James Harper, Bush, Reed & Hitchings, Inc., 206-323-7135 Cc: City Clerk's File (LUA09-042-SHPL) DATE: TO: FROM: COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M July 23, 2010 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Carrie Olson, Plan Review OD ~~c ~~~~ ~t,,l'\ SUBJECT: -~~'() Strada da Valle Short Plat, LUA-09-042-SHPL, Li-J0·£o·=42- and Legal Review Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Lot Closures • Title Report • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approv:I: sti~ ~ Robert T Mac'onie,Jr. Cc: Yellow File i:\planreview\colson\shortplats 2010\strada da valle shpl 01 m pr-ts reviewstart newfonnat.doc • • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M Aug 10, 2010 Carrie Olson (\'2( Sonja J. Fesser .)D~ Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: It is suggested that Sheet 1 of 4 of the short plat submittal be exchanged with Sheet 2 of 4. What is now Sheet 2 of 4 is a better choice for Sheet 1 of 4 because the approval blocks, the owner's signature and acknowledgment blocks and the legal description are usually shown before any of the drawing pages are seen. Remove the City of Renton "SEAL" from all four sheets of the submittal. h:\file sys\lnd -land subdivision & surveying records\lnd-20 -short plats\0542\rv I 0081 O.doc COMMUNITY & ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M August 13, 2010 Jan Conklin, Development Services Carrie Olson, Plan Review t{) Strada da Valle Short Plat, LUA-09-042-SHPL A copy of the above mentioned short plat is attached for your information. If you have comments or changes in addressing, please let me know. i:\planrcview\colson\shortplats 2010\strada da valle shpl 02mjan c. reviewstart newformat.doc COMMUNITY & ECONOMIC DEVELOPMENT M DATE: TO: ROUTE TO: FROM: E M O R A N D U M July 23, 2010 Jan Illian, Plan Review Kayren Kittrick, Plan Review"~ Carrie Olson, Plan Review r._;Jc/ ' SUBJECT: Strada da Valle Short Plat, LUA-09-042-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachments included: • Letter of Conformation • Lot Closures • Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Acce~tgd Related NA Y. PrQjeci #s Comments Y. - As-Builts r Cost Data Inventory i/ Bill of Sale v Easements Y. (Water, Sewer, Utilities, Hydrant, etc.) Deed of Dedication Square Footage: i/ Restrictive Covenants J/ Maintenance Bond Release Permit Bond V Comments: Approval:~£.i{wd.L-, , ~~-ate: I f»1 I I{) y n Kittrick fillian ~ l Cc: Yellow File i:\planreview\colson\shortplats 2010\stradada valle shpl Olm pr-ts reviewstart newformat.doc - ---- COMMUNITY & ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M August 13, 2010 Rocal Timmons, Planning (X] Carrie Olson, Plan Review Strada da Valle Short Plat, LUA-09042-SHPL Attached is the LUA folder for the short plat. We are in the final review stage of recording this short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me so I can proceed to final recording. Thanks. • PMT's will be provided with signed mylars. Approval~?«Lt J~ Rocie Timmons, Planning • Date: 0 )11.,,/Jo Cc: Yellow File J:\PlanReview\COLSON\Shortplats 2010\Strada da Valle SHPL 03m PlanningReview.doc HALINEN LAW OFFICES, P.S. David L. Halinen, P.E., Attorney at Law davidhalinen@halinenlaw.com HAND-DELIVERED A Professional Service Corporation 1019 Regents Boulevard, Suite 202 Fircrest, Washington 98466-6037 July 21, 2010 City of Renton Development Services Division 1055 S. Grady Way, Sixth Floor Renton, Washington 98055 Attn: Rocale Timmons, Associate Planner Re: Strada da Valle LLC's proposed Strada da Valle Short Plat LUA 09-042, SHPL-A Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 Confirmation of Compliance with all Conditions of Short Plat Approval Dear Ms. Timmons: As you know, I represent Strada da Valle LLC in regard to the above-referenced short plat. On my client's behalf, I am writing to provide confirmation of compliance with all conditions of short plat approval as called for by item 3 of the City's 06/09 document entitled "Submittal Requirements-Short Plat Recording that you emailed me this week. (This letter is being submitted as part of the submittal package.) Demonstration of What the Sole Remaining Condition of Approval Is The May 5, 2009 "Administrative Short Plat Report & Decision" ( copy attached) set forth just two approval conditions, which are on page 7 of 8 thereof. In a July I, 2009 Reconsideration decision ( copy also attached), on page 3 thereof Planning Director Chip Vincent revised Condition 2 to read as follows: Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint Use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration. By an August 13, 2009 Stipulation and Order signed by Hearing Examiner Fred Kaufinan (£QQV attached), the City removed Condition I, leaving only revised Condition 2 in force. City of Renton Development Services Division Attn: Rocale Timmons, Associate Planner July 21, 2010 Page2 Confirmation of Compliance with Revised Condition 2 In compliance with revised Condition 2, Joint Use Driveway Easement Strips A, B, C and Dare all depicted and labeled in "Detail A" and "Detail B" as set forth on Sheet 3 of 4 of the final short plat sheets. (The final short plat sheets are included as part of the final short plat submittal package.) The references to "Detail A" and "Detail B" are set forth in the map portions of Sheets 3 of 4 and 4 of 4. Further, Section 3 of the proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" (four copies of which are being submitted as part of the final short plat submittal package) set forth the terms and provisions of the joint use access easements. (Section 3 is set forth from pages 9 through 13 of that Declaration.) Once the City has approved the final short plat, I will submit to the City (along with the applicant-signed short plat mylars and the applicant-signed Declaration) a memorandum addressed to the King County Recorder (to accompany the mylars and Declaration when the City Clerk's Office sends them to the Recorder's office for recording) that requests that the King County Recorder cross reference the recording number of the short plat on the Declaration ( and vice-versa). Should you have any questions or need any additional materials or information in regard to any of the above, please let me know immediately. Thank you for your cooperation. Sincerely, HALINEN LAW OFFICES, P.S. Attachments cc: Strada da Valle LLC Attn: Gary Merlino (without copies of enclosures) Y:\cf\2488\007\Short Plat App\Application LTI (7-21-10) (Regarding Confirmation of Compliance with Conditions of Approval).doc ' Denis Law r -==May~or ~-,•~,c.,-i'_j R , __ ._,..... __ Department of Community & Economic Development July 1, 2009 Halinen Law Offices, P.5. David L. Halinen RECEIVED ,JU/ ,) 8 2009 HALINEN IJ,W OFFICES, P.S. 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration (File No. LUA09-042) Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da Valle Short Plat. The City is also in receipt of your appeal request, but the appeal will not be processed by the City's Hearing Examiner until the reconsideration has been issued and the appeal period has ended. The City Attorney and staff have reviewed your request for reconsideration. Your request appears to be in regards to Conditions 1 and 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: l. Condition 1 be stricken in its entirety. 2. Condition 2 be stricken in it entirety, or the condition be revised to read: "Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. /The declaration may address other easements and matters relating to the subject property as well.) When the short plat and the dee/oration are recorded, a request shall be made to the King County Recorder to (a) cross reference the recording number of the declaration on the short plot (b) cross reference the recording number of the short plat on the declaration." The City is also in receipt of your letter dated June 22, 2009. While the staff appreciates the issues raised in your letter we believe that they are matters that should be preserved and raised at an appeal hearing. To that end, we do not want to cause undue delay in the facilitation of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. Condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one building located on each of the proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Page 2 RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices and potential additions or expansions to the existing structures in accordance with the zoning and other land use control regulations in effect on the land the date the complete application was filed with the City. Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). However, it is important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non-conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use or redevelopment of the site. However, as the existing structures were non-conforming at the time of land use application and it is unclear whether the proposed additior.s/expans!ons would conform with the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. As a note staff offers there is reasonable use of the land with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions 1. Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23, 2009 Decision The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. Page 4 If you have any further questions, please contact the Project Manager, Roca le Timmons at (425) 430-7219. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA98057. Sincerely, ~9-!.J~ C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Roca le Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In re matter of: c. AUG 18 2009 ~ECf:Neo CITY C4.ERl('i; OFFICE BEFORE THE HEARING EXAMINER CITY OF RENTON, STATE OF WASHINGTON Case No. LUA 09-042, SHPL-A Strada da Valle LLC's Appeal of the Strada de Valle Short Plat Administrative Decision ) ) ) ) ) ) STIPULATION AND ORDER I. STIPUIATION COMES NOW, the City of Renton, by and through its attorney, Ann Nielsen, Assistant City Attorney and Appellant-Applicant Strada da Valle LLC, by and through its attorney, David L. Halinen, and make the following stipulation: 1. 2. In regard to the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009, as amended by the Planning Director's July 1, 2009 Reconsideration Decision, the City of Renton hereby removes Condition #1, as set forth on page 7 of the Administrative Short Plat Report and Decision, In Section K. Decision, as a condition of approval and hereby withdraws all corresponding findings and conclusions In the Administrative Short Plat Report and Decision, dated May 5, 2009 and In the Planning Director's July 1, 2009 Reconsideration Decision. Despite the removal of Condition #1 and the withdrawal of the corresponding findings and conclusions, neither party Is conceding their respective positions regarding the vesting of the development standards. However, the parties mutually agree to hold their respective positions concerning that Issue In abeyance and agree that until such time as Sflpulation and Order - 1 Renton City AUomey 1008 2"' St POBoxffl -. WA 98087-28 Phone: 425.286.8878 Fox: 428.288.5474 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Applicant or Its successor(s) In Interest submit an application to the City for a particular proposed redevelopment of one or more of the proposed Strada da Valle Short Plat lots. G ((5'.,; \~ ~"'5 Based on the forgoing. the parties submit that there ls no longer a Justlclabl~ befo:e the Hearing Examiner, and therefore, upon entry of this Order by the Hearing Examiner, the Appellant withdraws Its appeal. DATED: this 13th day of August, 2009. II, ORDER BASED UPON THE FOREGOING STIPULATION, It Is hereby ORDERED that the terms set forth In this stipulation be made a part of the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009 as amended by the Planning Director's July 1, 2009 Reconsideration Decision, and the appeal flied In the matter shall be deemed withdrawn. DATED this/) +~y of August, 2009. 18 Presented by: 19 20 22 23 24 25 CITY OF RENTON, Ann Nielsen Asst. City Attorney Stipulation and Order - 2 STRADA DA VALLE, LLC ~~~ Attorney for Appellant-Applicant -City Attorney 100S Z"' St POBox828 Renton, WA 980117-4829 Phone: 42$.256.8878 Fax: 425.W.5474 PLANNING DIVISION· WAIVER OF SUBMITTAL REQUIREMENTS f;OR LAND_USE APPLICATIONS .. ! ! ~~~:Ji1:W~\~;;~1:r!',\l;i , ... > / V'-!:;.:~ ~~1~1;1; : : ! !P9Mr.te~s:~ : . 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Property Services PROJECT NAME: ~Ot\ I/ PrU£ -------'--'-------2. Public Works Plan Review 3. Building 4. Planning DATE: 7/ 21 I, D ----''-JI---'-";--'--'-------- I I I I 1 I] 0 ---------------------------------------------------------------------------0 I] Parcel name: NEW LOT 10 0 North: 170476.8574 Line Course: S 01-49-52 W North: 170046.3773 Line Course: S 88-10-08 E North: 170041.0874 Line Course: N 09-28-53 W North: 170476.8126 Line Course: N 89-58-08 W North: 170476.8555 0 East : 1297910.2550 Length: 430. 70 0 1297896.4927 0 1298061.9581 0 1297989.1882 0 1297910.2582 Length: Length: Length: East : 165.55 East : 441. 76 East 78.93 East [I [I Perimeter: 1116.94 Area: 52,845 sq. ft. 1.2132 acresO 0 0 I] 0 Mapcheck Closure -(Uses listed Error Closure: 0.0037 courses, radii, and deltas)O Course: S 59-09-15 ED East : 0.00321 Error North: -0.00192 Precision 1: 301,875.68 0 I] 0 0 ---------------------------------------------------------------------------[] 0 Parcel name: NEW LOT 20 [I North: 170046.3786 Line Course: s 01-49-52 w North: 169756.1369 Line Course: s 88-10-08 E North: 169748.9908 Line Course: N 09-28-53 w North: 170041.0952 Line Course: N 88-10-08 w North: 170046.3851 0 Perimeter: 975.73 Area: 0 East : 1297896.4933 0 Length: 290.39 0 East : 1297887.2143 D Length: 223.64 IJ East : 1298110.7401 [I Length: 296.15 0 East : 1298061.9562 I] Length: 165.55 [I East : 1297896.4907 0 56,508 sq. ft. 1.2973 acresO Mapcheck Closure -(Uses listed Error Closure: 0.0070 courses, radii, and deltas)O Course: N 21-58-01 WO East : -0.00260 Error North: 0.00645 Precision 1: 139,390.00 IJ 0 0 0 ---------------------------------------------------------------------------0 [I Parcel name: NEW LOT 30 [I North: 169756.1339 Line Course: S 01-49-52 W North: 169260.4571 Line Course: S 89-45-25 E North: 169259.0946 Line Course: N 09-28-53 W North: 169748.9896 Line Course: N 88-10-08 W North: 169756.1356 0 East : 1297887.2146 Length: 4 95. 93 0 1297871. 3679 0 1298192.5551 0 1298110.7383 0 1297887.2125 Length: East : 321.19 East : Length: 496.68 East : Length: 223.64 East [I 0 0 0 [I D Perimeter: 1537.45 Area: 134,074 sq. ft. 3.0779 acresD Mapcheck Closure -(Uses Error Closure: 0.0027 Error North: 0.00173 Precision 1: 569,422.22 CJ listed courses, radii, and deltas)D Course: N 50-27-44 WO East : -0.00210 0 D [I ---------------------------------------------------------------------------0 0 Parcel name: OVERALL PARENT PARCELD CJ North: 170476.8574 East : 1297910.2550 0 Line Course: s 01-49-52 w Length: 1217.03 D North: 169260.4489 East : 1297871.3667 [I Line Course: s 89-45-25 E Length: 321.19 [I North: 169259.0864 East : 1298192.5538 IJ Line Course: N 09-28-53 w Length: 1234.59 D North: 170476.8108 East 1297989.1832 D Line Course: N 89-58-08 w Length: 78.93 D North: 170476.8537 East 1297910.2532 D I] [l Perimeter: 2851.74 Area: 243,427 sq. ft. 5.5883 acresO Mapcheck Closure -(Uses Error Closure: 0.0041 Error North: -0.00373 Precision 1: 695,546.34 listed courses, radii, and deltas)O Course: S 25-49-50 WIJ East : -0.00181 D D SHORT PLAT REPORT& DECISION A. RE PORT DATE: Project Name: Owner/Applicant: Contact: File Number: Project Manager: Project Summary: C ity of Renton Depart ment of Communi ty & Economic Developm e nt RECEIVED u • I/ " '""-'>00 I IMI V ( L . HAUNE N I.AW OFFICE I P.S. ADMINISTRATIVE SHORT PLAT REPORT & DECISION SUMMARY AND PURPOSE OF REQUEST May 5, 2009 Strade da Va lle Short Plat Gary Merlino; Strada da ValleLLC; 912 5 10111 Ave S, Seattle, WA 98 108 David L. Halinen; Ha linen L aw Offices, P .S.; IO 19 Regents Blvd Ste #202, Fircrest, WA 98466 LUA09-042, SHPL-A Rocalc Tinunons, Associate Planner The applicant is proposing to su bdivide a n existing parcel into 3 lots which contains an existing three bui ldin g office development lo be retained. The proposed lots would range in s ize from 10,335 square feet up to 27,723 square feet; each of t he lots would c ontain one of th e three existing conm1ercia l buildings follow ing the subdivi sion of the parcel. T he subject properly is located on the cas t side of East Vall ey R oad just 1101th o f SW 27th Street. The project site totals 5.59 acres in ar ea and is zoned Conunercial Aiterial (CA). Access for the proposed lots would be provided via existing driveways a long East Valley Road. The site is also located within a seismic hazard area. An addendum to l he e xi sti ng SEP/\ Deten n.ination of Non-Signifi eance-M itiga ted. issued fo r the construction of the office development (ECF-053-87), is a lso being requested in order to recogn ize the proposed lo t lines. ------------------------------ Project location : 2300/2400/2500 East Valley Road ---------------------- SHPL-A Report City of Ren/on Department qf"Community & Economic Development STRADA DA VALLE SHORT PLAT Adminislrative Short Plat Report & Decision LUAOY-042, SH PL-A Report of May 5, 2009 B. EXHIBITS: Exhibit I: Zoning and Neighborhood Detail Map Exhibit 2: Overall Plat Plan Exhibit 3: Aerial Photo Exhibit 4: SEPA Addendum C. GENERAL INFORMATION: l. Owner(s) of Record: Gary Merlino Strada da Valle LLC 9125 JO'" Ave S Seattle, WA 98108 2. Zoning Designation: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Employment Area Valley (EAV) 4. Existing Site Use: 3 General Office Buildings 5. Neighborhood Characteristics: North: Vacant (CA zone) East: SR 167 South: Lumber Market-Storage/Warehouse (CA zone) West: Valley Distribution-Warehouse (IL zone) Page 2 of 8 6. Access: Access for the proposed lots would be provided via existing driveways along East Valley Road. 7. Site Area: I D. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning Annexation Site Plan Review / Environmental Review i E. PUBLIC SERVICES: 1. Utilities Land Use File No. NIA NIA NIA LUA87-058 243,427 square feel (5.588 ac) Ordinance No. 4924 5099 1743 NIA a. Water: There is a 16-inch water main within East Valley Road. b. Sewer: There is an 8-inch sewer main within East Valley Road. 12/5/200 I 11/1/2004 4/15/1959 11/23/1987 c. Surface/Storm Water: There exist storm water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department SHPL-A Report City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Administrative Short Plat Report & Decision LUA09-042, SHPL-A Report of May 5, 2009 I F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: b. Section 4-2-070: c. Section 4-2-120: Purpose and Intent of Zoning Districts Zoning Use Table Conunercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions Page 3 of 8 b. Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards c. Section 4-7-150: Streets-General Requirements and Minimum Standards d. Section 4-7-180: Industrial and Commercial Blocks and Lots -General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions i G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: I. Land Use Element: 2. Community Design Element: ' H. DEPARTMENT ANALYSIS: 1. Project Description/Background TI1e applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel; zoned Commercial Arterial (CA). The property is located on the east side of East Valley Road just north of SW 27th Street. The site contains three existing one-story buildings along with associated parking, landscaping, stom1water conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot I: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Enviro11t11ental (SEPA) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEP A is not required for the short plat. However, an addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office SHPL-A Report City of Renton Department of Community & Economic Del'elopmenr STRADA DA VALLE SJ/ORT PLAT Report of May 5, 2009 Administrative Short Plat Report & Decision LUA09-042, SJ/PL-A Page4 of8 development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the approp1iate sections of this report and the Departmental Recommendation at the end of this repmi. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EAV) on the Comprehensive Plan Land Use Map. Lands in the EAV designation are intended to allow tl1e gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The proposal 1s consistent with the following Comprehensive Plan Land Use policy: Objective LU-HHH: Provide.for a mix of employment-based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. ./ Policy Objective Mel D Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. Lot Dimensions: T11e minimum Jot size pennitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A), all lots meet the requirements for minimum lot size. Setbacks: T11e required setbacks in the CA zone are as follows: minimum front yard setback is I 0 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non-conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King Cow1ty prior to or concurrent with short plat recording. Building Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on-site parking garage. Parking is not located within a structure therefore the maximum building coverage would be 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building lot coverage. SHPL-A Report City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Administrative Short Plat Report & Decision LUA09-042, SJJPL-A Report of May 5, 2009 Page 5 of8 Parking: The number of parking spaces for general office uses within the Commercial Arte1ial zone is limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the maximum aJlowed, however as the situation is existing and the proposed short plat would not increase the non-conformity no variance or modification approval is required. TABLE A Standards Lot 1 Lot2 Lot3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF /52,045 Net SF1 (54,855 Net SF) /133,220 Net SF) Building 10,355 SF 15,720 SF 27,723 SF Foot11rint Max. Bldg. Lot Coverage 20% 28% 2] % Max: 65% Parking Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1,000 SF Parking Stalls Provided 48 76 172 Front Yard Setback Min: 10 feet 61.9 feet 124 feet 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not plarmed to be modified a conceptual landscape plan and analysis was waived. d) Compli<mce with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an improved public right-of-way along the frontage of East Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reasonableness of Proposed Boundaries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed conunon lot lines; one between proposed Lot 1 SHPL-A Report City of Renton Department of Community & Economic Developmen, STRADA DA VALLE SJJOJ/T PLAT Report of May 5, 2009 Administrative Short Plat Report & Decision LUA09-042, SHPL-A Page 6 of8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3. The applicant is proposing to create easements and coventants related to the existing driveways that straddle proposed lot lines. Staff recommends, as a condition of approval, the applicant be required to record access easements for all driveways that straddle a lot line prior to or concun-ent with the recording of the short plat. Topography: 1l1e topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as pa11 of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a mix of employment- based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. j) Av{ti/ability and Impact on Public Services (Timeliness) Police and Fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made to the site. Therefore a Fire Mitigation Fee will not be applied to the project. Storm Water: Cunenlly runoff from the existing collects in an onsite stormwater conveyance system that drains into existing on-site storrnwater facilities that include a pond near the site's south edge and various underground storm drain pipes. Detained st01mwater from the site discharges into an existing City sto1m drain abutting East Valley Road. No changes to the existing stonnwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water: The site is served by the City of Renton Water and Sewer systems. There is a 16- inch water main within the existing roadway (East Valley Road.). 1l1ere is an 8-inch sewer main within East Valley Road. No improvements to the water and sewer are necessaiy as there are no changes to site proposed as part of the sh011 plat. I. FINDINGS: Having reviewed the writlen record in the matter, the City now enters the following: I. Application: The applicant's short plat application complies with the requirements for information for sh011 plat review. The applicant's short plat plan and other project drawings are contained within the official Janel use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-A Report City of Renton Department a/Community & Economic DePelopment STRADA DA VALLE SHORT PLAT Report of May 5, 2009 J. CONCLUSIONS: Administratll'e Short Plat Report & Decision LUA09-042, SHPL-A Page 7 of8 l . The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. K. DECISION: The Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is approved subject to the following conditions: I. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with IGng County prior to or concurrent with sho1i plat recording and is subject to City Attorney approval. 2. TI1e applicant sh1:1ll be required to record cross access easements for all driveways that straddle a lot line prior to or concuITent with the recording of the short plat. DATE OF DECISION ON LAND USE ACTJON: SIGNATURE: C.E. Vincent, Pt':nning Director TRANSMITTED this 5" day ofMay, 2009 to !he Owner/Applicant/Con/act: Applica11t/Ow11er: Gary Merlino Strada da Valle LLC 9125 I01h Ave S Seattle, WA Contact: David L. Halinen Halinen Lnw Offices, P.S. 1019 Regents Blvd Ste#202 Fircrest, WA 98466 TRANSMITTED this 5'1' day of May, 2009 to !he Party (ies) of Record: No Parties of Record TRANSMITTED this 5'" day of May, 2009 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director SHPL-A Report Decision Date 1 City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Report of May 5, 2009 Jennifer Henning, Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Actio11 Appeals & Request for Reco11sideratio11 Administrative Short Plat Report & Decision LUA09-042, SHPL-A Page 8 of8 The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or ifhe finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision most be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: No Comments Property Services: See attached. Fire: No Comments Plan Review -Sewer: No Conuneots Plan Review Water: No Comments Plan Review Surface Water: No Conuneots Plan Review Street(fransportation: NoCommCnts SHPL-A Report DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 23, 2009 Rocale Timmons Bob Mac Onie~ Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon# l 160 is erroneously noted at both the N '!. corner of Section 30 and the S Y. corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N '!. corner of said Section 30. There is no horizontal control monument at said S Y-i corner. Information needed for final sh01t plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizcntal tie noted at the S Y. corner of Section 30 is incorrect -the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N Y. corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. \H:\rile Sys\LND · Land Subdivision & Surveying Records\LND-20. Short Plo.ts\0542\RV090423.doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet I of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time of recording, need to sign the final short plat submittal. Include notary blocks as needed. Revise the title of the declaration block on Sheet I of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the shm1 plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS, COVENANTS AND AGREEMENT RUNNING WJTHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future H:\File Sys\LND-Land Subdivision & Surveying Records\LND*20. Short Plats\OS42\RV090423.doc\msofficc April 23, 2009 Page] purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. Comments for the Proiect Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. H:\File Sys\LND-Land Subdivision & Surveying Records\LND-20 -Short Plals\0542\RV090423.doc\msoffice SW 23rd SI SW27111SI '! ,•r ·I t! .... ~ i, ~- z .... M ·" ... Q .... =l ·' ,., .... " IM / ~ f :! 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'"'' • ' i I ' • I N = TOT.t,1. AlltA, 2~3.4:V so.Tl'. (Meal .o.cRES) !IITt ?ONNC: CQoAIOIOAI. AAlDIU.I. (t.o) ~-fOOTAI =• -=,-o l=:!y~~ l~T==T":?__,,... .=• ""'"'" = "'"· 52.04$ SC.FT. IUJT2 \ M.50IISQ.'1". 1.153 SC.FT. !IOM sc.l'T. iLOT 3 I 1:W.074 SQIT. M4 SQ.FT. t3l.:i:20SQ.rT. PARl<lt<IO STAU. COUNT AHAL'l'SIS DISlJIG USC or ~ ~-= DIS'!WG ltCT r1.001t AlltA ~-~ n~-=•= ftANDICI.P~ TOTAL =· """' 1G,.D!i SQ.FT. ~ --n~ --= " "'' .,, • • " ' ' •I• ~ " ~ • NlT l'lOOII #IIA ~IIOYCIED 11T lltE _,..,. - =• """' 1,.7zo SO.fl. ~ --nm _, ~ "'' ,,, " • n ' . .,. " ., n => """ %7;TZJ sal'T. ~l~REO'O _, • .,, .,. ·~ • ~ ' • •I• "' " ,u ( l)I PD!') 1-·"" ft. OVERALL PLAT PLAN I ~ m .... eun.ocNG SETB"CXS f'OR OOMIIERCIJJ.. AR1VllAL ZON:E (CA) -Llol F!ICNT TAAO 10 n,• __ , FltQiT.t,Q! SET8,loQI 1g ,,, -..,W R£AA TARD -IOIIIIIU,I SID£ TARD -"OIOtrc: 1'£1'1 ltl,IC 4-2-1:WA Ill[ --mol<T TA!ltl K11!AClr MAT BE IIEDVCl'.D ltl II r"r. '!MIICllGH 1'11£ sm'. PUii DtVEl..Of'MtNf ll[Vi(W l'ROCE$$ Pfl~Dm 81..lNK WALiS AR£ NO'fl.OCAT!!) Yf'MN l'H! IIEllUaD SET8ACK. ~ CAL.CUU.TIONS PDICEN'TAGE or IJ1'T COl'EIIE)-BT D:ISTtfG aJll)IIO$ OICD S'TIIUClllllQ LOT t :re,,. =, -LOT J 2U: PA-T ANO UNCSCN'O, AAlAS, ~" ~" =• ~" PA~EJIT l.ANOSCAPE 2:Z.000 SI' 1!1.400 $F 21,100 SF ,un Sf SUOCI SF' D'"° Sf" PROPERTY OWNER: STIIADA DA VALL£ LLC 9125-lOTI-l AVEl','\JE SOVlH SEATTLE, WA 91M8 LAND SUR\£'re1A: BUSH, ROEtl & HITCHINGS, INC. 2009 MINOFI A'KNEUE EAST SEA.Tl\£. WA 98102 ~ ~H'-, ..,R"o"E"'D:--;:&-,.H"1r"'c"Hw1N"'G"s-. "1N"'c"'. CJVIL ENGINEERS & LANO SURVEYORS ~mt.~~ [AST (2CI) »:i-•, .... •~100:-f~OMII DEVELOPMENT P CITY OF REN ::c X w " MAR 1 8, RECEIV PORttON 01' NOR'?IIRST QUAft'L'EII, OI' 'l1IJ, ll'OlmtUSr QU.unER OF DCffOR' SO, TOlrN8HIP a! lroRTJL RANGE Ii UBI'. 11'.)(. '9 arr 01' RENTml I·~+ BBORTPUTNO.~--- STRADA DA VALLE SHORT PLAT 2400 EAST VAL.LEY ROAD, RENTON. WA 98055 TAX LOT J02305-9103-09 DRAWN BY RHT DATE: 03-03-09 JOB # 2008105.00 Renton City Limits Parcels ~ Renton Aerial 1-l -200 SCALE 1 : 2,940 ~ j 0 200 FEET http ://rentonnet.org/MapGuide/maps/Parcel .mwf Renton N A I I 400 600 EXHIBIT 3 Tuesday, April 28 , 2009 8:29 AM CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non-Significance -Mitigated {DNS-M) (ECF 053-087) Date of Addendum: Date of Original Issuance of SEPA Threshold Determination: Proponent: AppllcatJ.or:i file: Project Name: Strada da Valle LLC ECF 053-087 and SA 058-087 Renton Campus May 4, 2009 September 14, 1987 Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single-story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single-story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27th Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non-Significance -Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Terry Higashiyama, Administrator Community Services Department 5.ffi.~,,' Fire & Emergency Se · Ale Pietsch, Administrator Department of Community & Economic Development slow. I oct DATE DATE CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 29, 2010 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office .. I Project Name: Strada da Valle Short Plat 1 LUA (file) Number: LUA-09-042, SHPL-A \ Cross-References: I' AKA's: ;: Project Manager: Rocale Timmons 11 March 18, 2009 II Acceptance Date: ,_ j Applicant: Gary Merlino, Strada da Valle LLC I Owner: Same as applicant Contact: David L. Halinen \ PID Number: 3023059103 I' ERC Decision Date: I ERC Appeal Date: ' i Administrative Approval: May 5, 2009 ,. Appeal Period Ends: May 19, 2009 ;I Public Hearing Date: Date Appealed to HEX: May 18, 2009 By Whom: David Halinen HEX Decision: Stipulation & Order signed Date: August 13, 2009 J Date Appealed to Council: , 1 By Whom: \1 Council Decision: Date: I I I I 1; :: Mylar Recording Number: \ '1 ' 1 Project Description: The applicant is proposing to subdivide an existing parcel into 3 lots which I I contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existina commercial buildinas. j Location: 2300 E Valley Road I Comments: appeal withdrawn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In re matter of: CITY OF RENTOM AUG 18 2009 RECEl\E[) CITY CI..ERl('S OFFICE BEFORE THE HEARING EXAMINER CITY OF RENTON, STATE OF WASHINGTON Case'No:-tUA09'°42;SHl'L-;A Strada da Valle LLC's Appeal of the Strada de Valle Short Plat Administrative Decision STIPULATION AND ORDER I, STIPULATION COMES NOW, the City of Renton, by and through Its attorney, Ann Nielsen, Assistant City Attorney and Appellant-Applicant Strada da Valle LLC, by and through its attorney, David L. Halinen, and make the following stipulation: 1. 2. In regard to the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009, as amended by the Planning Director's July 1, 2009 Reconsideration Decision, the City of Renton hereby removes Condition #1, as set forth on page 7 of the Administrative Short Plat Report and Decision, In Section K. Decision, as a condition of approval and hereby withdraws all corresponding findings and conclusions in the Administrative Short Plat Report and Decision, dated May 5, 2009 and in the Planning Director's July 1, 2009 Reconsideration Decision. Despite the removal of Condition #1 and the withdrawal of the corresponding findings and conclusions, neither party Is conceding their respective positions regarding the vesting of the development standards. However, the parties mutually agree to hold their respective positions ' concerning that Issue In abeyance and agree that until such time as Stipulation and Order -1 Renton City Attorney 100 S 2"" St P0Box828 Renton, WA 98057.0828 Phone: 425.255.8878 Fax: 425.255.5474 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Applicant or Its successor(s) In Interest submit an application to the City for a particular proposed redevelopment of one or more of the proposed Strada da Valle Short Plat lots. c:; ti'_,.: \<fo"' """ --0 Based on the forgoing, the parties submit that there Is no longer a justiciabl~ before the Hearing Examiner, and therefore, upon entry of this Order by the Hearing Examiner, the Appellant withdraws Its appeal. DATED: this 13th day of August, 2009. II. ORDER BASED UPON THE FOREGOING STIPULATION, It Is hereby ORDERED that the terms set forth In this stipulation be made a part of the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009 as amended by the Planning Director's July 1, 2009 Reconsideration Decision, and the appeal flied In the matter shall be deemed withdrawn. /1 .p .. ..._ DATED this __ day of August, 2009. HEARING E 10 Presented by: 19 CITY OF RENTON, 20 21 Ann Nielsen 22 Asst. City Attorney 23 24 25 Stipulation and Order -2 STRADA DA VALLE, LLC Attorney for Appellant-Applicant Renton City Attorney 1 DO 8 2"" St POBox826 Renton, WA 98057-0828 Phone: 425.255.8878 Fax: 426.255.5474 David L. Halinen, P .E., Attorney at Law davidhalinen@halinenlaw.com HAND-DELIVERED HALINEN LAW OFFICES, P.S. A Professional Service Corporation 1019 Regents Boulevard, Suite 20911], Of fl, Fircrest, Washington 98466-603f'iann;n _eflton g D111;sion JU( 1 July 15, 2009 6 2009 /ifi~cr;~Ut~II)) City of Renton Office of the Hearing Examiner 1055 S. Grady Way, Seventh Floor Renton, Washington 98057 Attn: Fred Kaufman, Hearing Examiner Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 CITY OF NENTON rJUL 15 2009 R!:'CEl\eJ CITY c.!.ERl<:'8 OfF!C!: t/. .'z7 f'rt1 1-G- Re: My client Strada da Valle LLC's Revised Appeal of portions of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009, a decision which was amended by the Renton Planning Director's July I, 2009 Reconsideration Decision Letter Dear Mr. Examiner: In my letter to you dated May 18, 2009, my client Strada da Valle LLC ("Strada") appealed conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative . approval decision (LUA09-042, SHPL-A) made by Renton Planning Director C. E. Vincent as those conditions are set forth in the Administrative Short Plat Report & Decision concerning the proposed Strada da Valle Short Plat. (That approval decision is hereinafter referred to as the "Decision". A copy of the entire Administrative Short Plat Report & Decision is herewith attached.) On Strada' s behalf, I also submitted a timely request for reconsideration to the Planning Director. The Planning Director and I subsequently communicated concerning the pending issues and, as a result of those communications, on June 23, 2009 I submitted on Strada's behalf a technical clarification to and/or amendment of Strada's Land Use Permit Master Application form that was submitted to the City as part of the subject short plat application package on March 18, 2009. Thereafter, the Planning Director issued a July I, 2009 reconsideration decision upholding condition I but revising condition 2. (A copy of the entire reconsideration decision is also herewith attached.) Condition 2 as revised in the reconsideration letter is acceptable to Strada. Strada remains aggrieved by condition I, takes issue with the Planning Director's analysis concerning condition I set forth in the reconsideration decision, and thus continues forward with its appeal as revised in this letter. Strada would be adversely affected by condition I if the relief sought in this revised appeal is not granted. Condition I states: I. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying COPY City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page2 zoning designation at the time of building permit review. lbis restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. Errors Concerning Condition 1 1n relation to the appeal review criteria set forth in RMC 4-8-11 OE. 7 (Examiner Decision), condition 1 would prejudice the substantial rights of applicant-appellant Strada because the imposition of that condition (1) is in excess of the authority or jurisdiction of the agency, and/or (2) was made upon unlawful procedure, and/or (3) is affected by other error of law. These errors are elaborated below. I. Condition 1 Exceeds the Planning Director's Authority or Jurisdiction. Nowhere in the Decision or the reconsideration decision does the Planning Director cite any City code provision or other legal authority empowering him to impose condition 1 and no such provision or other authority is to be found. Note that the portion of the Renton Municipal Code addressing short subdivisions is Section 4-7-070 (DETAILED PROCEDURES FOR SHORT SUBDIVISIONS). Subsection B thereof sets forth "principles of acceptability". It states: B. PRINCIPLES OF ACCEPTABILITY: A short plat shall be consistent with the following principles of acceptability: 1. Legal Building Sites: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed short plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final short plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. · The Strada da Valle Short Plat satisfies all of those principles of acceptability and, accordingly, the approval was necessary without imposition of condition 1. Condition 1 does not relate to any of those principles of acceptability. Note further that under Subsection H (ADMINISTRATIVE REVIEW) of Section 4-7- 070, subsection 2 (Action) circumscribes the powers of the Administrator ( or, in this case, the City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 3 Administrator's apparent designee, the Planning Director) in reviewing an application for a short plat. Subsection 2 states: 2. Action: The Administrator may approve. approve with modifications. require a public hearing and decision by the Hearing Examiner, or deny the application for a short plat. Action for short plats of five (5) or greater lots, or otherwise referred to the Hearing Examiner, shall be by the Hearing Examiner. Every decision or recommendation made under this Section shall include findings of fact and conclusions to support the decision or recommendation. (Italics and underlining added for emphasis.) Nothing therein empowers the Administrator ( or the Planning Director) to impose any condition(s) of approval, let alone a condition like condition 1 that is unrelated to the principles of acceptability set forth in RMC 4-7-070B and that is contrary to applicable statutory and constitutional provisions (which, as shown below, condition 1 is). In sum, condition 1 exceeds the Planning Director's authority or jurisdiction. II. The Imposition of Condition 1 Was Made upon Unlawful Procedure. As explained above, the Planning Director has no authority or jurisdiction to impose any conditions of short plat approval, let alone a condition like condition 1 on the subject short plat application. No lawful procedure exists in the Renton Municipal Code for the Administrator (or the Planning Director) to impose any short plat condition of approval. Thus, condition 1 was imposed without a lawful procedure for doing so. In addition, note that even if the Renton Municipal Code did have a procedure for imposing conditions of approval upon short plat applications, before imposing such conditions the Administrator would have the burden of proving that (a) the condition is necessary because of a nexus between the proposed short plat and an identified public problem that the short plat would create and (2) a rough proportionality between what is required by the condition and the impact of the proposed short plat. (See page 7, below.) Nothing in the Decision or the reconsideration decision suggests that the Planning Director attempted to meet that burden of proof. ill. The Imposition of Condition 1 Was Affected by Other Error of Law. A. Condition 1 Would Violate Strada's Vested Rights. Condition 1 seeks to force Strada to relinquish some of its vested rights under RCW 58.17.033. As a matter of the statutory law of the State of Washington, RCW 58.17.033(1) provides short subdivision applicants with certain rights that vest upon the filing of a fully City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page4 completed application for short plat approval of the short subdivision. 1 Noble Manor Co., 133 Wn.2d 269, 943 P.2d 1378, (1997); Westside Business Parkv. Pierce County, JOO Wn. App. 599; 5 P.3d 713 (2000). In Noble Manor, the Washington Supreme Court ruled that RCW 58.17.033(1) not only vests the right of short subdivision applicants to divide their property but also vests the right of short subdivision applicants to develop and use their property under the land use and zoning laws in effect on the date of the application. Note that in the "PROPOSED LAND USE(S)" section under the "PROJECT INFORMATION" heading of the completed Land Use Permit Master Application that Strada submitted to the City as part of the application package for the proposed Strada da Valle Short Plat ( as amended by the technical clarification to and/or amendment of Strada' s Land Use Permit Master Application submitted to the City on June 23, 2009), Strada has specified the following proposed use of the subject property: General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. (Those proposed land uses set forth in the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application are referred to herein as the "Proposed Land Uses".) An existing office building and associated outdoor parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Existing Office Development") already are situated on each of the three proposed lots. Consistent with RCW 58.17.033(1) and Noble Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997), the short plat proposal contemplates creation of each of the proposed lots for the following purposes: (1) Initially, utilization of the Existing Office Development on each of the proposed lots for one or more of the Proposed Land Uses; and (2) In the future, at such tirne(s) as the then-owner of each lot determines, redevelopment of each lot on a lot-by-lot basis for one or more of the Proposed Land Uses with one or more office building(s) and associated parking, walkway, landscaping, lighting, drainage, utility and related 1 RCW 58.17.033(1) states: A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 5 improvements (collectively, "Future Office Redevelopment"), with such redevelopment to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the complete application for this short plat is submitted to the City. That specification of use is in keeping with the use specification approach that the majority opinion endorsed in Noble Manor at 133 Wn.2d 283-285, 943 P.2d 1385-1387. As the Noble Manor majority opinion states as 133 Wn.2d 285, 943 P.2d 1387: When an application is made for division of land for a specified use, then the applicant has the right to have that application for that use considered under the land use laws in effect on the date of the application. (Emphasis added.)2 2 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1388, the concurring opinion of Justice Talmadge states in footnote 10 as follows: The majority attempts to cure the statute's lack of a sunset provision by creating out of whole judicial cloth the following rule: the only rights that vest at the time of the short plat application under RCW 58.17.033 are the uses disclosed on the application. Majority op. at 283. The statute does not say as much, aod there is no compelling logic for implying such a rule. The applicant need say nothing at all in the application about the intended use of the property after the short plat is granted. It is. not this court's place to write laws for the Legislature. (Emphasis added.) Also, in Noble Manor at 133 Wn.2d 288-289, 943 P.2d 1388, the concurring opinion of Justice Saoders states in part: I concur in the result that this developer's short plat application vests the right to construct improvements as specified in the application. However, the majority goes beyond what is necessary to decide the case by suggesting, in dicta, 11 some uses not expressly identified in the application may not vest. I write separately to state it is imprudent to comment on ao issue not necessary to decide the case, especially where neither party has briefed or raised it. See Peterson v. Hagan, 56 Wn.2d 48, 53, 351 P.2d 127 (1960) ("[G]eneral expressions in every opinion are to be confined to the facts then before the court aod are to be limited in their relation to the case then decided aod to the points actually involved."). Such dicta are not controlling precedent. Footnote 11 connected with that statement from Justice Saoders' concurring opinion states: E.g., ''Not all conceivable uses allowed by the laws in effect at the time of a short plat application are vested development rights of the applicaot." Majority at 285. City of Renton Office of the Hearing Examiner Attn: Fred Kaufinan, Hearing Examiner July 15, 2009 Page6 Condition 1 would divest a portion ofStrada's vested right to use and develop the subject property by requiring placement of a restrictive covenant on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. The City's Department of Community and Economic Development (on behalf of which the Planning Director issued the Decision) has no authority or jurisdiction to divest any portion of a vested right arising under RCW 58.17.033(1), and no such authority or jurisdiction was cited in the Decision or in the reconsideration decision. Having been created as a matter of the statute law by the Washington Legislature, vested rights to develop and use short platted lots have an unlimited temporal scope3 and cannot be divested by a local government. As the Noble Manor majority opinion explains at 133 Wn.2d 282, 943 P.2d 1385: The County also argues that short subdivisions, which involve a simpler application process, should not enjoy longer vested rights than long subdivisions which involve a more complex approval process. This is a matter for the Legislature to decide. The Legislature did not divest a short plat's vested rights after five years as it had previously done with formal subdivisions [under RCW 58.17.170]. It may be that since short plats involve only small development of a few lots that the divesting provision was deemed unnecessary because of the relatively minor impact such developments would have. It is within the power of the Legislature to pass legislation which divests a short plat's vested right after some _reasonable amount of time. However, such a statute has not been enacted, and we decline to do so by statutory construction when the "divesting" statute applies only to formal subdivisions. See RCW 58.17.170. (Emphasis added.) The Washington legislature still has not enacted a statute to divest a short plat' s vested rights and has not delegated any powers to local governments to divest such rights. Thus, the Planning Director has no power, authority or jurisdiction to do so. B. Condition 1 Violates Strada's Rights under RCW 82.02.020. The imposition of condition I violates Strada's rights under RCW 82.02.020. RCW 82.02.020 prohibits local governments from imposing taxes, fees, or charges, directly or In view of the concurring opinions of Justice Talmadge and Justice Sanders in Noble Manor, Strada contends that, by virtue of the subject short subdivision application, it.has vested rights to use.and develop the subject property in. accordance with any of the uses allowed under the zoning and other land use control ordinances in effect on the land on the date that Strada's short subdivision application was filed. 3 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1387-88, the concurring opinion of Justice Talmadge states: The unlimited temporal scope of RCW 58.17. 033 creates public policy concerns. Whereas subdivision approvals under RCW 58.17.170 last for only five years, no similar sunset provision for short plats appears in RCW 58.17.033. City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page7 indirectly, on the development, subdivision, classification, or reclassification of land except as specifically authorized by statute. Strict compliance with its terms is required. Under RCW 82.02.020, a tax, fee, or charge imposed directly or indirectly on land development is invalid unless it falls within a statutory exception. One exception to RCW 82.02.020's general prohibition is that local governments can impose on a proposed development or plat conditions of approval that the local government can demonstrate are reasonably necessary as a direct result of the proposed development or plat. RCW 82.02.020 places the burden of proof of reasonable necessity on the local government. Citizens' Alliance for Property Rights v. Sims, 145 Wn. App. 649, 187 P.3d 786 (2008); Isla Verde International Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 49 P.3d 867 (2002). For purposes of that above-noted exception to RCW 82.02.020's general prohibition against the imposition of taxes, fees, or charges, directly or indirectly, on the subdivision ofland, a condition of approval does not satisfy this exception absent (1) a nexus between the proposed subdivision of laµd and an identified public problem that would result from that subdivision and (2) a rough proportionality between the demands of the condition and the impact of the proposed subdivision. Citizens' Alliance for Property Rights v. Sims, ibid. Neither the Decision nor the reconsideration decision demonstrates that condition l is reasonably necessary as a direct result of the proposed short subdivision. No "public problem" would result from Strada' s short plat proposal justifying condition 1 because Strada' s proposed short subdivision merely notes proposed land uses (in gist, continued use of the existing buildings and future redevelopment and use) in accordance with the City's regulations in accordance with the zoning and other land use control ordinances in effect on the land on the date that the application for the short plat was submitted to the City. Planned compliance with those duly adopted City ordinances does not constitute a "public problem". Thus, condition 1 fails the nexus test and Strada's rights under RCW 82.02.020 have been violated by that condition's imposition. C. Condition 1 Amounts to an Unconstitutional Taking of Strada's Property under the Fifth Amendment to the U.S. Constitution. Under the Fifth Amendment to the U.S. Constitution, property may not be taken for public use without just compensation. Condition 1 would amount to such an unconstitutional taking. A condition imposed on land use development effectuates a taking unless there is (1) a nexus between the impacts of the development and the condition and (2) rough proportionality between the impact and the condition. Sparks v. Douglas County, 127 Wn.2d 901, 911-912 (1995), citing Dolan v. City of Tigard, 512 U.S. 374, 114 S.Ct. 2309 (1994). By requiring a restrictive covenant on the lots that will denigrate Strada's property rights, condition 1 does not meet those nexus and rough proportionality tests. (See the prior section of this letter.) City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 8 D. Condition 1 Amounts to. an Unconstitutional Taking of Strada's Property under Article I. Section 16 of the Washington Constitution. Under Article I, Section 16 of the Washington Constitution, "[n]o private property shall be taken or damaged for public or private use without just compensation having been first made or paid into court for the owner". By requiring a restrictive covenant on the lots that will denigrate Strada' s property rights, Condition 1 runs afoul of that state constitutional mandate as well. Requested Relief Concerning Condition 1 In view of the above, Strada hereby requests that condition 1 be stricken in its entirety. I hereby request that you provide me with copies of any letters, orders, or other materials that you issue ( or that you receive from City staff or others) concerning this appeal. Sincerely, Attachments ( a set of copies of the Decision and the reconsideration decision) cc: Strada da Valle LLC Attn: Gary Merlino (with copies of attachments) Attn: Ariane Elvebak (with copies of attachments) C. E. Vincent, City of Renton Planning Director (hand-delivered, with copies of attachments) Jennifer Henning, City of Renton Current Planning Manager (hand-delivered, with copies of attachments) Rocale Timmons, Associate Planner, City of Renton Department of Co=unity and Economic Development (hand-delivered, with copies of attachments) · Bonnie Walton, City of Renton City Clerk (hand-delivered, with copies of attachments) Ann Nielsen, Assistant Renton City Attorney (via first class mail with copies of attachments) Y:\cf\24881007\Short Plat Decision\Appcal to HE\Revised Appeal Letter (7-15.()9).doc SHORT PLAT REPORT& DECISION A. REPORT DATE: Project Name: Owner/Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: SHPL-A Report RECEIVED City of Renton Department of Community & Economic Development ADMINISTRATIVE SHORT PLAT REPORT & DECISION SUMMARY AND PURPOSE OF REQUEST May 5, 2009 Strade da Valle Short Plat Gary Merlino; Strada da Valle LLC; 9125 10 11' Ave S, Seattle, WA 98108 David L. Halinen; Halinen Law Offices, P.S.; I 019 Regents Blvd Ste #202, Fircrest, WA 98466 LUA09-042, SHPL-A Rocale Timmons, Associate Planner The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the Jots would contain one of the three existing commercial buildings following the subdivision of the parcel. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing d.Jiveways along East Valley Road. The site is also located within a seismic hazard area. An addendum to the existing SEPA Determination ofNon-Signi.ficance-Mitigaled, issued for tl1e construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. 2300/2400/2500 East Valley Road City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Administrative Short Plat Report & Decision LUA09-042 SHPL-A Rep011 of May 5, 2009 I B. EXHIBITS: Exhibit 1: Exhibit 2: Zoning and Neighborhood Detail Map Overall Plat Plan Exhibit 3: Aerial Photo Exhibit 4: SEPA Addendum I C. GENERAL INFORMATION: 1. Owner(s) of Record: Gary Merlino Strada da Valle LLC 9125 10th Ave S Seattle, WA 98108 2. Zoning Designation: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Employment Area Valley (EA V) 4. Existing Site Use: 3 General Office Buildings 5. Neighborhood Characteristics: North: Vacant (CA zone) East: SR 167 South: lumber Market-Storage/Warehouse (CA zone) West: Valley Distribution-Warehouse (IL zone) Page 2 of8 6, Access: Access for the proposed lots would be provided via existing driveways along East Valley Road. 7. SiteArea: I D. HISTORICAUBACKGROUND: Action Comprehensive Plan Zoning Annexation Site Plan Review I Environmental Review I E. PUBLIC SERVICES: 1. Utilities Land Use File No. NIA NIA NIA LUA87-058 243,427 square feet (5.588 ac) Ordinance No. 4924 5099 1743 NIA a. Water: There is a 16-inch water main within East Valley Road. b. Sewer: There is an 8-inch sewer main within East Valley Road. Date 12/512001 11/112004 4/15/1959 11123/1987 c. Surface/Stenn Water: There exist stonn water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department SHPL-A Report City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Administrative Short Plat Report & Decision LUA09-042 SHPL-A Report of May 5, 2009 Page 3 of8 I F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: t. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards c. Section 4-7-150: Streets-General Requirements and Minimum Standards d. Section 4"7-180: Industrial and Commercial Blocks and Lots -General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions ~ G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: ' H. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel; zoned Commercial Arterial (CA). The property is located on the east side of East Valley Road just north of SW 27th Street. The site contains three existing one-story buildings along with associated parking, landscaping, stonnwater conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot 1: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEP A) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEP A is not required for the short plat. However, an addendum to the existing SEP A Determination of Non-Significance-Mitigated, issued for the construction of the office SHPL-A Report City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Report of May 5, 2009 AdministraJive Short Plat Report & Decision LUA09-042 SJJPL-A Page 4 of8 development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These c01mnents are contained in the official file, and the essence of the comments has been incorporated into the appropliate sections of this report and the Departmental Recommendation at the end of this report. 5. Consistency with Short Pint Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EA V) on the Comprehensive Plan Land Use Map. Lands in the EA V designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The proposal is consistent with the following Comprehensive Plan Land Use policy: Objective LU-HHH: Provide for a mix of employment-based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. .,' Policy Objective Met D Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. Lot Dimensions: The minimum lot size pennitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A}, all lots meet the requirements for minimum lot size. Setbacks: The required setbacks in the CA zone are as follows: minimum front yard setback is I 0 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A}, the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non-conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Building Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the bnilding or within an on-site parking garage. Parking is not located within a structure therefore the maximum building coverage would be 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building lot coverage. SJJPL-A Report City ofRenlon DeparJment o,(Community & Economic Development STRADA DA VALLE SI/ORT PLAT Administrati1•e Short Plat Report & Decision LUA09-042, SI/PL-A Report of May 5,2009 Page 5 of8 Parking: The number of parking spaces for general office uses within the Corrunercial Arterial zone is limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non-conformity no variance or modification approval is required. TABLE A Standards Lot 1 Lot2 Lot3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF (52,045 Net SFl (54,855 Net SF) (133,220 Net SF) Building 10,355 SF 15,720 SF 27,723 SF Foomrint Max. Bldg. Lot Coverage 20% 28% 21 % Max: 65% Parking Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1.000 SF Parking Stalls Provided 48 76 172 Front Yard Setback Min: 10 feet 61.9 feet 124 feel 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an improved public right-of-way along the frontage of East Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore ·a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reasonableness of Proposed Boundaries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed corrunon lot lines; one between proposed Lot 1 SI/PL-A Report City of Renton Department q{Community & Economic Development STRADA DA VALLESHORTPLAT Report of May 5, 2009 Administrative Short Plat Reporl & Decision LUA09-04Z SHPL-A Page 6 of8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3. The applicant is proposing to create easements and coventants related to the existing driveways that straddle proposed Jot lines. Staff recommends, as a condition of approval, the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: 1l1e topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as part of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City's zoning map. The proposal is sinrilar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a mix of employment- based uses, including conunercial, office, and industrial development to support the economic development of the City of Renton. j) Availability and Impact on Public Services (Timeliness) Police and Fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made ·to the site. Therefore· a Fire Mitigation Fee will not be applied to the project. Storm Water: Currently runoff from the existing collects in an onsite stormwater conveyance system that drains into existing on-site stormwater facilities that include a pond near the site's south edge and various underground stonn drain pipes. Detained stonnwater from the site discharges into an existing City storm drain abutting East Valley Road. No changes to the existing stonnwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water: The site is served by the City of Renton Water and Sewer systems. There is a 16- inch water main within the existing roadway (East Valley Road.). l11ere is an 8-inch sewer main within East Valley Road. No improvements to the water and sewer are necessary as there are no changes to site proposed as part of the short plat. , ,. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: J. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-A Report City of Renton Department of Community & Economic De,•elopment STRADA DA VALLE SHORT PLAT Report of May 5, 2009 ! J. CONCLUSIONS: Administrative Short Plat Report & Decision LUA09-042, SHPl-A Page7of8 I. The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. I K. DECISION: TI1e Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is approved subject to the following conditions: I. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attomey approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the sh011 plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C.E. Vincent, Pt'i:nning Director TRANSMITTED this 5" day of May, 2009 to the Owner/Applicant/Contact: Applican.t/Owner: Gary Merlino Strada da Valle LLC 9125 JO'' Ave S Seattle, WA Contact: David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd Ste #202 Fircrest, WA 98466 TRANSMITTED this 5'1' day of May, 2009 to the Party (ies) of Record: No Parties of Record TRANSMITTED this 5"' day of May, 2009 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director SHPL-A Report Decision'nate 1 City of Renton Department of Community & Economic Development STRADA DA VALLE SHORT PLAT Report of May 5, 2009 Jennifer Henning, Planning Manager Kayren KiUrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request for Reconsideration Administrative Short Plat Report & Decision LUAD9-042, SHPL-A Page 8 of8 The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or ifhe finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental Information provided in conjunction with the administrative land use action. Because these notes are provided as infonnation only, they are not subject to the appeal process for the land use actions. Planning: No Comments Property Services: See attached. Fire: No Comments Plan Review -Sewer: No Comments Plan Reyjew Water; No Comments Plan Review -Surface Water: No Comments Plan Review -Street/Transportation: No Comments SHPL-A Report DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 23, 2009 Rocale Timmons Bob Mac Onie "ttJ Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon # 1160 is erroneously noted at both tl1e N '!. comer of Section 30 and the S 1.4 comer of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N 1.4 comer of said Section 30. There is no horizontal control monument at said S '!. comer. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for. the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at tl1e S Y. corner of Section 30 is incorrect -the tie is not Control Point 1160. Said Control Point 1160 is already noted at the NY. comer of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and Jot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. \H:\File Sys\LND. Land Subdivision & Swveying Records\J..ND..20. Short Plats\0542\RV090423.doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three Jots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. T11ese items are provided only for preliminary short p!at approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARIGNG STALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet 1 of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time ofrecording, need to sign the final short plat submittal. Include notary blocks as needed. Revise the title of the declaration block on Sheet 1 of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently witl1 the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS, COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for tl1e recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plaJ, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plaJ to any and all future H:\File Sys\LND -Land Subdivision & Surveying Rccords\LND-20 -Short Plats\OS42\RV090423.doc\msofficc April 23, 2009 Page 3 purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. Comments for the Project Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. H:\File Sys\LND -Land Subdivision & Surveying Rccords\LND-20 -Short Plats\0542\RV090423.doc\msofficc ,,.,,,,. '1 ,'r ·I ~ .... ~ I,. ~ ' z ..., ~ ,H C, ..., 9 ., ·' "'"". " IM ' -. l -·-f J CA ZONING PW TECHNICAL SERVICES 07/15/08 G3 -19 T23N RSE E 1/2 R-8 R-f R-8 ' = .... ' R-1 1,,1 I,:, :3 h .... •' z R.a~! ~ I."' . I_ !l -. ~ .... ~ R-81. _J - ' co 1-...... 13-31 T23N RSE E 1/2 O 200 400 kJ IF ... EXHIBIT 1 1:4,800 -------------------------- -I ----1 I --I -------1!r---1- -----I -----__ ------~1! I ----.,. ... ---' ""'·' -----,.,,.... I ---\--------SR ,67 ------. -" . ·. , ' l~ -\ --'" '' I -• •-, ! ii ,,, . ,. ... 1 •·~I --, o,.,- ~5.68' ,. ~ I ; ~ <• ;e!r-1! ~ ~~ .. ~~ -~ .,. ·-· . ' "'" ~ i:'.\o[J~· •..• ' ' . i '!l . ' • -" . 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' -%7.nJ IQff. --~ n= -• ...,. ,, . ,m • " . • ...,. ,n u = Bl.111.DWG SOBAOCS FOR ~":.~~~C>.) l,l9llltll,i Fll()lj! TAKU 10 n.• ~-· _.,.,,,,... ....... lll.UtT.uD ldll,IU,I llD[ TAAD 10 fl, -, .. OJI01!: PEI' IIIIC 4-2-121111 llC-.-l''l'AIIIJSC?8,0,QC IIATKllfllUCU!lllO"-~ 'TIC Silt l"l,.UI tlE'<Wl'll8IT IIE'<'ltW l'ltOCDS l'RIMDEII lll.lM( 111,U.S AM NOT I.OCATm .,... 1t£ -"""" '"" ""'-"'-'""" PfJICDffJ.GE: OT U1T COYDml IY DmW11 IIAtlltCI NID $11WCTU!ID ,..., -..... -LIIT 3 %11 PA\61!11T »10 L.AIIJSCN'!D AIIV.S< ..... ""' .... ' "'" l'A'GOIT LMCSCAPI! n,ooo 'ST 111,CIO !If 17.-r, 12.Ut r, sa,IOD SI' 21.SSO V PROPERTY OWNER: STIIADA DA \IAU.E I.LC '1125--lOTH A\t&IUE saJ'1M stAm..E, WA 9S\08 LANO SUR',£TOR: BUSH, RDEil .!I HrraflNGS, INC, 20011 MINOR A\'£NEUE EAST SU.TILE. WA 118102 ~ BUSH~.~R~O~E~D,-,,&--,,H~IT~C~H~IN~G~S-.~IN"""C. Cl\1L ENGINEERS & LANO SUR\-FfORS ffifn.t.~WT .~~m== - DEVELOPMENT P C!TYOFREN MAR18; RECEIV ~ ~ pmmmr o, nmmm:sr qtJ4MD 01 ms lrOJmlliST QlWl'rEB or ncttoR so. TOl'H8HIP Ill )l'OlfflL RAKltt e DSr, T.ll. ,e'f'l ~ ,~="'-1~9'..,B IIBOllT PLAT NO.~· STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 9605.5 TAX LOT 302.305-9103-09 ORA ... BY RHT I OAn:,OJ~OJ-09 ,JOB f 2008105.00 Renton City Limits Parcels l:&j Renton Aerial ... ... 200 SCALE 1 : 2,940 -, 0 200 FEET http://rentonnetorg/MapGuide/maps/Parcel.mwf Renton N A I 400 600 EXHIBIT 3 Tuesday, April 28, 2009 8:29 AM CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non-Significance -Mitigated (DNS-M) {ECF 053-087) Date of Addendum: Date of Original Issuance of SEPA Threshold Determination: Proponent: _ Applicat[ol) file: Project Name: Strada da Valle LLC ECF 053-087 and SA 058-087 Renton Campus May 4, 2009 September 14, 1987 Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single-story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single-story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27th Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non-Significance -Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant Impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Department of Public Terry Higashiyama, Administrator Community Services Department I. David Daniels, Administrator Fire & Emergency Se Ale Pletsch, Administrator Department of Community & Economic Development sloY-I ovf DATE DATE Denis Law Mayor·_ Departr,:,ent of Community & Economic Deveiopment July 1, 2009 RECEIVED. Ha linen Law Offices, P.S. David L. Halinen · JUL 03 2009 HALINEN lAW OFFICES; P.S. . 1019 Regents Boulevard, Suite· 202 Fircrest, WA 98466-6037 · • SUBJECT: Strada daVaUe Short Plat Reconsideration (File No. LUA09-042) . De.ar Mr. Halinen; This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, . 2009); in whkh you requested reconsideration of the con_ditions of preliminary approval for the Stada da Valle Short Piat. The City is also in receipt ofVi>ur appeal. request, tiut the appeal will not be processed by the City's Hearing Examiner u'ntil the reconsideration has been issued and· the appeal pericid has ended. The City Attorney and staff have reviewed your request tor· . reconsideration: Your request appears tci be in regards to Conditions land 2 within the Report and Decision, .dated May 5, 2009. Specifically you have requested: . 1. Condition 1 be stricken in its entirety. . · 2. Condition. 2 be stricken in. it entirety,· or the condition be revised. to read: "Concurrent with (immediateiy following) the recording of the. short plot, the applicant shalt record ·a declaration ofjoi_nt use access easements ocross strips of fond depicted and labeled on the proposed short plat as Joint use Driveway. Easement Strips A, 8, C and b. {The declaration may address othei easements and ·· mattets relating to. the subject property ~s well.) When· the 'short plat and the declaration are recorded, a'request shall be made'to the Kirig CoUrity Recorder to (a) cross reference the recording number of the declaration on the short plat (b} cross reference the recording number of the short plat on the declaration." · · · The City is also in receipt of your letter dated June 22, ·2oci9 .. While the staff appreciates the issues raised in your letter we believe that. they are matters that should be preserved and·raised . at an appeal hearing. To th_at end, we do·not want to cause undue delay in the facilitatibn of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. Condition 1 The applicant has requested preliminary short pl.at approval for a 3 lot short plat on a site . which contains three existing one~story buildings along with ·associated parking, lahdsi:apirig, stormwater conveyances and utiiities; ali to remain following the reco.rding of · ·the short plat: There would b·e one.building located on each cif the proposed lots, The · existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov .RMC 4-2-120. Any legally established building or structure may remain; although such structtfre does not conform with the provisions in the Renton Municipal Code, provided the conditiqns outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal·includes no alteiations to the structures. Therefore the structures , wou.ld be allowed to remain without alteration.. · Included in the application materials were refere.nces to potential changes of use from . general office to medical, dental or governm.ent offices and potential a.dditions or expansions to the existing structures in accordance with the zoning arid other land use ', ' control regulations in effect on the land the date the complete application was filed with.the. · City. Submission ofa completed short plat application vests the developer with the right fo . both divide the property and to develop it in the. manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 {1997)). However, it is important to point out that the Noble Manor doctrine is only applicable if the · permit application is sufficiently complete, complies with existing zoning.ord.inances and building codes, and is filed during the period the·zoning ordinances under which the . dev·eioper seeks to develop are in effect. · ' . ' The application was sufficiently complete and while the uses the developer seeks to de~elop the property With are allowed within the zoning .ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-.050, would be applicable to the proposal. In part, RMC 4-10-050 states the non-conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in· . actqrdance with any of the uses allowed uhder' the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office us.e or redevelopment of the site. · However, as the existing structures were non-conforrriing at the time of land use application and it is unclea(whether the proposed additions/expansions would conform with the zoning ordinance, in place at the time of land use applkation, staff offers the condition is appropriate. In the event the existing structures·are destroyed, removed.or demolished, the · construction of new structures shall comply with all development standards of the · underlying zoning designation at the time of building permit review. As a note staff offers there is reasonable use of the iand with respect to accommodating the . proposed uses {dental, medical and government offices), within the current improvements · on the site. · · · 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on prnposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed lot 1 and 3 and would not straddle a lot line. The applicant is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed ·1ot lines· once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record acc~ss easements for all driveways t_hat · · strad.dle a lot line prior to or concurrent with the·recording of the short plat. It is the applicant's·contention that the Condition (2) is unwarranted because the application · was predicated upon the reeo'rding of the appropriate easements." Staff cloes not concur . . While the applicanfsubmitted draft language for access easements there is no ass~rance that access easements would be recorded .. The condition was seeking to assure the · recording the draft easement languagj! submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably. vague . and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the as·sure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: '.'Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted an_d labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D: When the short plat and the · declaration . are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions ·. 1.. Condition 1 has not _been found to violate the applicant's vested rights to develop and us~ the subject property the_refore the·condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23,2009 · Decision . The approvai'for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is· modified to include the following c"ondition: 1. Condition 2 shall be revised-to read the following: "Prior to or concurrent with the recording of the·short plat; the applicant.shall record a declaration of joint use· access easements acros~ strips of land depicted and labeled on th_e proposed short plat as Joint use Driveway Easement Strips A, B, Cand D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new app~al period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until iune 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. if you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, · July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit_a new appeal. However, please note that you or a representative will be required-to be present for your appeal. (/ \ ' • Page4 If you have a_ny further questions, please contact the Project Manager, .Roca le Timmons at {42~) · · 43.0-7219, -City of Renton Municipal Code Section 4-8-110 governs appeals to· tf\e Hearing E~aminer, .. Additional information regarding the appeal process may be. obtained from the Renton Cify . Clerk's Office, {425) 430-6510. Appeals must be filed in writing, together With the required $.75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Rent<ln, . . WP.98057. Sincerely, c::::f2?.V~ CE. "Chip" Vincent, Dir~ctor Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Plc;!nner .. Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner· · . Ann Nielsen, City Attorney Office Owne.r/Applicant Parties of Record . File LUA09-042, SH PL-A ,~ + + + ..II ' CIT"_ .OF RENTON .,.., Hearing Examiner Fred J. Kaufman O~*'<tY 0~) ·~ -~ Denis Law, Mayor ~'-iN'f01)'---..;,....;.... ________ -,------------- July 7, 2009 · David L Halinen, P.E. Attorney at Law IO 19 Regents Boulevard, Ste. 202 Fircrest, WA 98466 Re: Appeal of portions of the Strada da Valle Short Plat Administrative Decision LUA 09-042, SHPL-A Dear Mr. Halinen: The appeal hearing on the above matter has been scheduled for Tuesday, July 28, 2009, at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor o_f the Renton City Hall. The address is I 055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, ~/7-e.d-L~~µ- Fred Kaufman Hearing Examiner City of Renton FJK/nt cc: Larry Warren, City Attorney Chip Vincent, Director, Planning Division Neil Watts, Development Services Director Jennifer Henning, Current Planni_ng Manager Rocale Timmons, Associate Planner Gary Merlino, Manager, Strada da Valle, LLC --------------~RENTON' 1055 South Grady Way-Renton, Washington 98057 -(425) 430-6515 @ This paper contains 50% recycled material. 30% post consumer .-\HEAD (JF TIIE CURVE Denis.Law Mayor July 6, 2009 Halinen Law Offices, P.S. David L: Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 Department ~f Community & Economic Development SUBJECT: Strada da Valle Short Plat Date Clarification (File No. LUA09-04Z) Dear Mr. Halinen, This letter is to acknowledge receipt and respond to your follciw-up letter, dated July 3, 2009. As you correctly noted, the appeal deadline of June 15, 2009, was a scrivener's error. The new appeal period.stemming from the reconsideration will·be held open until July 15. 2009. . . Please also note that the reconsideration letter stated that the Hearing Examiner appeal was . tentatively scheduled for Tuesday, July ·21, 2009. I have since learned that the appeal is currently scheduled for 9:00 am, Tuesday, July ZS. 2009. You should receive a notice from the He_aring Examiner, which would confirm this date. If you have any.further questions, please feel free to contact Roca le Timmons at (425) 430-7219. C.E. "Chip" Vincent, Planning Director Planning Divisiori_ cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner I Applicant Parties of Record File LUA09-042, SHPL'A Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov HALINEN LAW OFFICES, P.S. David L. Halinen, P.E., Attorney at Law davidf1alinen@halinenlaw.com A Professional Service Corporation IO 19 Regents Boulevard, Suite 202 Fircrest, Washington 98466-6037 July 3, 2009 VIA EMAIL AND FffiST CLASS MAIL City of Renton Department of Corrimunity and Economic Development 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: C. E. Vincent, Planning Director Tacoma: (253) 627-6680 Seattle: '(206) 443-4684 Fax: (253) 272-9876 City of R Pta.nnin _enton g Division JU( -6 1009 IRi ~©~ur.t~@ Re: Reply to your July 1, 2009 response letter to my client Strada da Valle LLC's Request for Reconsideration of Conditions 1 and 2 of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Strada's Request That Your Response Letter Be Revised to (a) Acknowledge and Address the City's Receipt of Strada's June 22, 2009 Technical Clarification of and/or Modification to the Strada da Valle Short plat Application, and (b) Correct the "June 15, 2009" Appeal Extension Date Your Letter Provides (a Date That Mistakenly Predates Your Letter) Dear Mr. Vincent: I received in the mail today your letter dated July 1, 2009 (postmarked July 2, 2009), copy enclosed, in response to Strada da Valle's request for reconsideration. I am surprised that your letter ( a) fails to mention (let alone address) any of the legal arguments set forth in my letter to you dated June 22, 2009 and (b) fails to take into account (or even acknowledge receipt of) the technical clarification of and/or modification to the Strada da Valle short plat application that I forwarded to you along with that letter. Even if you disagree with the legal arguments set forth in my letter (which I cannot tell because your letter does not address them), your letter should at least acknowledge receipt of the technical clarification of and/or modification to the Strada da Valle short plat application and address it. Accordingly, on Strada' s behalf, I hereby request that, at a minimum, your letter be revised to do so. COPY City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director July 3, 2009 Page2 In addition, please note that while your letter states that a new appeal period is provided (which Strada appreciates), the new deadline appeal specified in your letter (June 15, 2009) predates your letter. I assum,e that that date was an oversight on your part, in as much as the June 15, 2009 date was contained in an earlier draft of your letter emailed to me for review and discussion purposes in early June 2009. When you finalized your letter on July 1, you apparently forgot to revise the date. Please issue a revised letter providing a new date for appeals (not before July 16, 2009). (Note that Strada does intend to revise its appeal in view of your letter and in view of the technical clarification of and/or modification to the Strada da Valle short plat application that I provided you along with my letter to you dated June 22, 2009.) Should you have any questions or comments, please let me know. Sincerely, HALINEN LAW OFFICES, P.S. i4'f-~ Enclosure ( copy of your July 1, 2009 letter to me) cc: Strada da Valle LLC Attn: Gary Merlino (with copy of enclosure) Jennifer Henning, Current Planning Manager, City of Renton Department of Community and Economic Development (with copy of enclosure) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copy of enclosure) Bonnie Walton, Renton City Clerk (with copy of enclosure) Fred Kaufinan, City of Renton Hearing Examiner (with copy of enclosure) . Ann Nielsen, Esq., Renton City Attorney's Office (with copy of enclosure) Y:\cf\24881007\Short Plat Decision\RFR\Vinceot L T3 (7-3-09).doc • Denis Law· Mayor_ <1:Y .. . c,'-~, ': ·_ ·~·· ; ', ~lfm* Departn:ient of C9mmunit}' & Economic De'Veiopment July 1, 2009 · RECEIVED. ·· JUL O 3 2009 Ha linen Law Offices, P .s: HALINEN LAW OFFICES, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA.98466-6037 SUBJECT: Strada da.Valle Short Plat Reconsideration (File No. LUA09-042) . . . . : . Dear Mr. Halinen, Th.is office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stacia da·Valle Short Plat The City is also in receipt of your appeal.request, tiut the appeal will not be processed by the City's Hearing Examiner u'ntil the reconsideration.has been issued and. the appeal period has ended. The City Attorney ~nd staff have reviewed your request for re~onsideraticin.' Your request appears to be in reg.irds to Conditions 1 and 2 within the Report and Decision, _dated May 5, 2009. Specifically you have requested: . 1. Condition 1 be stricken in its entirety. . 2. conc!ition 2 be stricken in it entirety, or the condition be revised. to read: "Concurrent with (immediately following) the recording of the · short plat, the applicant shall· record a declaration of joint use access easements across _strips of land depicted and lab°eled on the proposed short plat as Joint use Driveway Easement Strips A, 8, Cand _D. {The declaration may address other edse~ents and mattets relating to tlie. subject property as well.) when the 'short plat and the declaration are recorded, a'iequest shall be made 'to the King"Cotirity Recorder to {a) cross reference the recording number of the declaration on the short plat {b) cross reference the recording number of the short plat on the declaration." · The City fs also in receipt. of your letter dated June 22, 2009: . While the staff appreciates the issues raised in your. letter.·we believe that they are matters that should be preserved and· raised. at an appeal hearing. To that end, we do·not want to cause· undue delay in the faciiitatibn of y~ur appeal process, and therefore issuing this reconsideration decision. . . Analysis 1. Condition 1 . . . . . . _· . . . . The applicant has requested preliminary short plat approval for a 3 lot short plat on a site . · whii:h contains three existing one~story buildings along with 'associated parking, .. lahdscapirig, stormwater conveyances and utilities; all to remain following the reco'rdi'ng of .. the. short plat. There would b-e one building located 011 each cif the·proposed lots. The existing buildings db not comply with the ·maximumfront yard setback oflS feet, noted in Renton City Hall_ • 1055 South Grady Way o· Renton, Washingion 98057 • rentonwa.gov · .RMC 4°2-120. Any legally established buildin·g or structure may remain, although such . structure does not conform with the provisions in the Renton Municipal Code, provided the ccmditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures · , wou.ld be allowed to remain without alteration. · .Included in the application materials were references to potential changes of use from general office to medital, dental or government offices a~d potential a.dditions or· expansions to the existing structures in accordance with the zoning arid other land use control regulations in effect on the land the date the complete application was filed with.the City. Submission ofa· completed short plat application vests the developer with the right to both divide the property and to develop it in the. manner disclosed in the application in a.ccordance with the land use and zoning laws in effect on the date ofsubm.ission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). · However. it is important to point out that the Noble Manor doctrine is ·only applicable if the . permit application is suffic:iently complete, complies with existing zoning ord.inances and building co9es, and is filed during the period the zoning ordinances under which the . , deveioper seeks to develop are in effect. · The application was sufficiently complete and while the·uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. · Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-.050, would be applicable to the proposal. In part, RMC 4-10-050 states the non-conforming structure shall not be enlarged unless the enlargement is conforming. · Staff concurs with the applicant's contention of vested rights to use the subject property in · actqrdance with any of the uses allowed under the zoning at the time the land use · application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office us.e or redevelopment of the site. · However, as tMe existing struct.ures were non-conformin·g at the time of land use application and,it is undea.r-whether the proposed additicr.s/expansions'would conform with. the zoning ordinance, in place at the time of land use application. staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit' review. As a note staff offers there is reasonable use of the land with respect to accommodatirig the proposed uses (denta·I, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East · Valley Road. Two of the four driveways straddle proposed common lot lines; one on-· proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot lihe. The applicant .is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed ·1ot lines cince the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that ·. straddle a lot line prior to or concurrent with ·the reco'rding of the short plat. It is the applicant's contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur . . Whiie the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft·easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague .. and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the.short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recqrded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions· 1. Co.ndition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. · . 3. · The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23,2009 · Decision . The approval.for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: ·1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat, the applicant. shallrecord a declaration of joint use· access easements across strips of land depicted and labeled on the proposed short plat as Joint u~e· Driveway Easeme~t Strips A, /3, C ·and· D. Whe.n the short plot and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaraticin." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until Jurie 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal reque.st. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, · July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to (esubmit_a new appeal. However, please note that you or a representative will be required to be present for your appeal. Page4 . . If you hav~ a_ny further:questions, please contact the Project Manager, .Rocale Timmons at (425) · 43.0-7219. · City of Rento~ Municipa·I Code ·section 4~8:110. go~erris appeals to tne Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton Cify . Clerk's Office, (425) 430-6510. Appeals must be. filed in writing, together with the· required $75:oo application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, . WA98057. . . . . . Sincerely, ~~.J~ C.E. "Chip" Vincent, Director Planning Division cc: jennifer Henning, Current Planning Manager Roca le nmmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner : Ann Nielsen, City Attorney Office · Owner/Applicant. Parties of Record File LUA09-042, SHPL-A Denis Law Mayor Department of Community & Economic Development July 1, 2009 Halinen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration {File No. LUA09-042) Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da Valle Short Plat. The City is also in receip_t of your appeal request, but the appeal will. not be processed by the City's Hearing Examiner until the reconsideration has been issued and· the appeal period has ended. The City Attorney and staff have reviewed your request for reconsideration.' Your request.appears to be in regards to Conditions 1 and 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 bestricken in its entirety. 2. Condition 2 be stricken in it entirety, or the condition ·be revised to read: "Concurrent with (immediately following) the recording of the short plat, the opplicont shall record·a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, Cand. D. {The declaration may address other easements and matters relating to· the subject property as well.} When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to {a) cross reference the recording number of the declaration on·the short plat {b} cross reference the recording number of the short plat on the declaration." The City is also in receipt of your letter dated June 22, 2009. While the staff appreciates the issues raised in your letter we believe·that they are matters that should be preserved and raised at an appeal hearing. To that end, we do·not want .to cause undue delay in the facilitation of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. Condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one buildi.ng located on each of the proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Hall. •. 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Page 2 RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices and potential additions or expansions to the existing structures in accordance with the zoning and other land use control regulations in effect on the land the date the complete application was filed with the City. Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). However, it is important to poirit out that the Noble Manor doctrine is ·only applicable if the permit application is sufficiently complete, complies wit.h existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the . developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconform.ing Structures ordinance, noted in RMC 4-10-050. would be applicable to the proposal. In part, RMC 4-10-050 states the non-conforming structure shall not be enlarged unless the enlarg~ment is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical.or government office us.e or redevelopment of the site. However, as the existing struct.ures were· non-conforming at the time of land use application and it is undear whether the proposed additions/expansions would conform with the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the · construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. As a note staff offers there. is reasonable use of the iand with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the as·sure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plot, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled an the proposed short plat as Joint use Driveway Easement Strips A, 8, C and D: When the short plat and the declaration are recorded, a "request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions 1. Co_ndition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23, 2009 Decision The approval.for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, 8, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder ta crass reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new.~pp~al period will commence upon issuance of this reconsideration letter. The riew appeal period will be held open until June 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. ' Page 4 If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA98057. Sincerely, c::::.~.J~ C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Roca le Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner- Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A David L. Halinen, P.E., Attorney at Law davidhalinen@)talinenlaw.com HALINEN LAW OFFICES, P.S. A Professional Service Corporation IO 19 Regents Boulevard, Suite 202 Fircrest, Washington 98466-6037 June 22, 2009 VIA EMAIL AND FIRST CLASS MAIL Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 City Of Fl Planning De~_ton 1v1s,on JUN 24 1009 City of Renton Department of Community and Economic Development 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 fRl fE ©[Eg~!E{t)) Attn: C. E. Vincent, Planning Director Re: Follow-up to our communications concerning my client Strada da Valle LLC's Request for Reconsideration of Conditions 1 and 2 of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Dear Mr. Vincent: Thank you for your courtesies in speaking with me by phone during recent weeks concerning my client Strada da Valle LLC's ("Strada's") request for reconsideration of Conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09-042, SHPL-A) and for providing me with two draft versions of a response letter you have been working on. As I promised at the end of our last discussion, I am writing to (a) forward you a technical clarification to and/or modification of Strada's completed Land Use Permit Master Application form that was submitted to the City as part of the subject short plat application package on March 18, 2009, (b) comment on various portions of the second draft response letter (dated June 16, 2009, copy attached as Exhibit 1) that you emailed me on that date, and ( c) ask you to further revise the portion of your letter dealing with Condition 1 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision. Let me explain. Clarification to/Modification of Strada's Completed Land Use Master Application Form Part of Strada's short plat application submittal package submitted on March 18, 2009 was a completed City of Renton Land Use Permit Master Application form and a completed City of Renton Environmental Checklist form. As you know, the Land Use Permit Master Application form has only very limited space for text to provide information on Proposed Land Use(s). The completed form that was part of Strada's short plat application states: PROPOSED LAND USE(S). General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. COPY City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page2 Consistent with and elaborating on that statement of proposed land uses is the applicant's response to the question and instruction in section A. 7 on page 5 of the completed Environmental Checklist form that was submitted as part of the short plat application. The question, instruction and response state: 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No plans exist for immediate additions or expansion. However, although the site's historic use has been general office, the applicant intends to use the existing buildings for general office and/or medical and dental office and/or government offices as defined in the City's Development Regulations in effect on the date of the short plat application. The applicant proposes that if. ultimately. one or more additions to or expansions of the development are ultimately to be constructed. the application(s} for such will be in accordance with the City's Development Regulations in effect on the date of the subject short plat application. (Boldfacing and italics in the original; underlining added for emphasis.) Strada contends that the underlined sentence in that above-quoted Environmental Checklist response is a disclosure by Strada to the City of a proposed possible means of future redevelopment of the subject proposed lots consistent with the stated proposed land uses of "[g]eneral office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton". (Such means was responsive to the Environmental Checklist's question.) Strada further contends that, having disclosed proposed land uses on the originally submitted Land Use Permit Master Application form, under Noble Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997) and under RCW 58.17.033(1), no further disclosure to the City (including the underlined sentence in the above-quoted Environmental Checklist response) was necessary in order to vest Strada' s right to redevelop the lots in the future for the stated proposed land uses in accordance with the "zoning or other land use control ordinances, in effect on the land at the time [that the] fully completed application for ... short plat approval of the [Strada da Valle] short subdivision [was] submitted to the appropriate ... city [of Renton] official."1 (See pages 4 through 10 of this letter, where I further discuss Noble Manor, and footnote 6 on page 10.) 1 In Renton, the "zoning or other land use control ordinances" are generally found in Title 4 of the Renton Municipal Code (Renton's Development Regulations), although perhaps some of those "ordinances" may be found elsewhere. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 3 However, to make explicit in the Land Use Permit Master Application itself that Strada proposes not only a continuation of office use of the existing buildings and related infrastructure on the subject land but also future office redevelopment on the proposed lots in accordance with the zoning and other land use control regulations in effect on the land on the date that the complete subject short plat application was filed with the City's Planning Division, I am herewith forwarding you as a technical clarification of and/or modification2 to the Strada da Valle short plat application both of the following: (a) An updated copy of the previously completed and submitted page 1 of the Land Use Permit Master Application form, on which copy a footnote at the end of the Proposed Land Use(s) section has been added, the corresponding text of which footnote at the bottom of the page refers to a Supplemental Page on which there is an addition to the statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box;and (b) The Supplemental Page itself that sets forth the addition to the statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box. As you can see from the accompanying Supplemental Page, the addition to the statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box states: (Those proposed land uses set forth in the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application are referred to herein as the "Proposed Land Uses".) An existing office building and associated outdoor parking, walkway, landscaping, lighting, drainage, utility and related improvements ( collectively, "Existing Office Development") already are situated on each of the three proposed lots. Consistent with RCW 58.17.033(1) and Noble 2 As the Washington Supreme Court held with regard to RCW 58.17.033 in Friends of the Law v. King County, 123 Wn.2d 518, 869 P.2d 1056 (1994): Once a completed application has been submitted, it is to be judged under the laws in effect at the time of submission. If the applicant can show that its plat, with the proper conditions and modifications, will comply with those laws, it will be approved. If not, it will be rejected and the process may begin again. RCW 58.17.140. The applicant bears the burden of complying fully with applicable land use requirements. Taylor v. Stevens Cy., 111 Wn.2d 159, 169-70, 759 P.2d 447 (1988). Friends of the Law, 123 Wn.2d at 529; boldfacing and underlining added for emphasis. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 4 Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997), the short plat proposal contemplates creation of each of the proposed lots for the following purposes: (I) Initially, utilization of the Existing Office Development on each of the proposed lots for one or more of the Proposed Land Uses; and (2) In the future, at such time(s) as the then-owner of each lot determines, redevelopment of each lot on a Jot-by-lot basis for one or more of the Proposed Land Uses with one or more office building( s) and associated parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Future Office Redevelopment"), with such redevelopment to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the complete application for this short plat is submitted to the City. Strada's Comments on Various Portions of Your June 16, 2009 Draft Response Letter's Analysis Section that Addresses Condition 1 Strada's Comments on Your Assertion as to what the Supreme Court's Noble Manor Decision Stands For The last sentence of the first full paragraph on page 2 of your June 16, 2009 draft letter, which is an assertion of law purportedly based on the Washington Supreme Court's Noble Manor decision, states: Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County. 133 Wn.2d 269 (1997)). (Boldfacing added for emphasis.) For at least five reasons, Strada takes issue with your inclusion of that sentence's phrase "in the manner disclosed in the application". The first two reasons that Strada takes issue with it are the following: City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 5 (a) Your above-quoted assertion of law sentence is not an actual quotation from the majority opinion in the Washington Supreme Court's Noble Manor decision and, as demonstrated below on pages 5 through 9 below, the "in the manner disclosed in the application phrase" as set forth in that sentence is not supported by the court's majority opinion; and (b) Even if the majority opinion provided support for the phrase in the context of that sentence (which it does not), the meaning of the phrase in your sentence ( as that sentence is set forth standing alone as a purported statement of the vesting law) is unreasonably vague and uncertain. Noble Manor's Factual Backdrop In regard to these first two reasons as to why Strada takes issue with your draft letter's inclusion of the phrase "in the manner disclosed in the application" in your sentence asserting what the Supreme Court's Noble Manor decision stands for, first note for factual context that, in Noble Manor, 133 Wn.2d 269; 943 P.2d 1378, a developer had merely filed an application for a short plat to divide a parcel of land into three lots. On a Tacoma-Pierce County Health Department "Short Plat Preliminary Subdivision Review Application" form dealing with water supply and sewage disposal issues (a form that was apparently part of or submitted contemporaneously with the short plat application submittal package filed with Pierce County), the developer answered the form's question as to the "Number of single family Jots" as "-0-", answered the form's question as to the "Total number of Jots" as "-3-", answered the form's question as to the "Number of multifamily residential lots" as "-3-", and answered the form's question as to the "Total number of multifamily units" as "-3-".3 [See attached to this letter as Exhibit 2 a copy of that completed form, which I copied from page number 202 of my copy of the 306-page set of copies comprising the official Archive Record of the trial court's case file concerning Noble Manor vs. Pierce County (Pierce County Superior Court Cause Number 93-2- 04890-0).] On page 1 of a Pierce County Environmental Checklist" form that was also part of the short plat application package that the developer filed with Pierce County, the developer or developer's agent or consultant answered the form's question 3 (under section 1, Introduction Information"), a question calling for the "[ d]escription of proposal, including existing and proposed uses", as follows: The proposal is to subdivide a 42,801 square foot parcel into three duplex sites. The parcel is Lot 1 of Short Plat No. 8109220216 and is located in the SR9/Potential RML Zone. The site will be served by public roads and public sewers. 3 The developer apparently construed the term "multifamily units" here to mean duplex buildings in view of the developer's environmental checklist statement that "[t]he proposal is to subdivide a 42,801 square foot parcel into three duplex sites." (Underlining in the original; boldfacing and italics added for emphasis.) City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 6 (Underlining in the original; boldfacing and italics added for emphasis.) (See attached to this letter as Exhibit 3 a copy of that page 1 of the completed environmental checklist form, which I copied from page number 204 of my copy of that same 306-page official Archive Record.). From those answers of the developer on the "Short Plat Preliminary Subdivision Review Application" form and on the environmental checklist form, the Washington Supreme Court's majority opinion characterized the developer's application as "an application for a short plat to divide the property into three lots to build three duplexes" (i.e., one per lot). Noble Manor, 133 Wn.2d 269 at 272. After noting that the subject land purchased by the developer was "approximately one acre" in size (Noble Manor, 133 Wn.2d 269 at 271), the majority opinion also noted that: [T]he property was zoned SR-9 which allowed duplexes to be built on lots with a minimum size of 13,500 square feet. The then-existing zoning code would therefore have allowed three duplex lots to be created out of the Developer's parcel. Noble Manor, 133 Wn.2d 269 at 272.4 In sum, the Noble Manor short plat application submittal's only statements relating to proposed use were the statements that the "Total number of multifamily units" was "-3-" and that "[t]he proposal is to subdivide a 42,801 square foot parcel into three duplex sites." Other than the Washington Supreme Court majority opinion's simple characterization that the developer's application was as "an application for a short plat to divide the property into three lots to build three duplexes", the majority opinion never referred to anything in the Noble Manor short plat application that could arguably be considered a "manner" in which the application disclosed the property was to be developed. The Supreme Court Majority Opinion's Statement of the Court of Appeal's Noble Manor Holding Having considered Noble Manor's factual backdrop, please now note that the majority opinion of the Supreme Court in Noble Manor states that: The Court of Appeals held that the submission of a completed short plat application vests the right to develop the land under the regulations in effect at the time of the submission. Noble Manor Co. v. Pierce County, 81 Wn. App. 141, 913 P.2d 417, review granted, 129 Wn.2d 1026, 922 P.2d 98 (1996). Noble Manor, 133 Wn.2d 269 at 274; emphasis added In the single sentence paragraph at the end of the Supreme Court's majority opinion (at 133 Wn.2d 285), the majority opinion 4 At the time of the Noble Manor short plat application, the County's zoning regulation in effect on the land allowed only one duplex building per lot. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 7 "affirm[ ed] the Court of Appeals". The Supreme Court Majority Opinion's Statement of the Overarching Issue in Noble Manor Immediately after stating the Court of Appeal's holding (a holding that forms a context for the majority opinion's legal analysis that follows it), the majority opinion frames the overarching issue in the case as follows: Does the filing of a complete application for a short subdivision vest only the right to divide the property, or does it also vest the right to develop the property under the land use and zoning laws in effect on the date of the application? Noble Manor at 133 Wn. 2d 269 at 274; emphasis added. The Supreme Court Majority Opinion's Noble Manor Conclusion Statements After extensive analysis and discussion, the majority opm10n goes on to make the following statements of conclusion: We conclude that it is not only the right to divide land which vests at the time of a short subdivision application, but also the right to develop or use property under the laws as they exist at the time of application. The issue then becomes what development rights vest at that time. Two alternatives are possible. Either (1) all uses allowed by the zoning and land use laws on the date of the application for the short plat should be vested at the time of application, irrespective of the uses sought in an application; or (2) an applicant should have the right to have the~ disclosed in their application considered by the county or local government under the laws in existence at the time of the application. We conclude the second alternative comports with prior vesting law. Noble Manor at 133 Wn.2d 269 at 283; emphasis added. Note that the second of those two alternatives that the majority opinion describes only presents a need for a short plat applicant seeking vesting to disclose proposed uses in the short plat application, not a need to disclose proposed uses and proposed development. Note further in regard to that second alternative that the majority opinion utilizes the word "uses" (plural), not the word "use", thereby making clear that vesting by virtue of filing a completed short plat application is not limited to just one proposed use. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 8 Finally, after setting forth yet further analysis, the Noble Manor majority opinion sets forth the following final conclusion: CONCLUSION We therefore conclude the Developer had a right to have its application to divide its land into three lots and to build three duplexes decided under the laws in existence on August 2, 1990, the date the application was filed. Since the laws effective on that date did allow for three duplexes on the property, the Developer obtained a vested right to develop its land in accord with the application. Not all conceivable uses allowed by the laws in effect at the time of a short plat application are vested development rights of the applicant. However, when a developer makes an application for a specific use, then the applicant has a right to have that application considered under the zoning and land use laws existing at the time the completed plat application is submitted. If a landowner requests only a division of land without any specified use revealed, then the county, city or town may consider the application to see if any legal use can be made of the land so divided, and no particular development rights would vest at that time. However, when an application is made for division of land for a specified fil£, then the applicant has the right to have that application for that use considered under the land use laws in effect on the date of the application. We affirm the Court of Appeals and remand to the trial court for further proceedings consistent with this opinion. Noble Manor at 133 Wn. 2d 269 at 285; emphasis added Consistent with the Noble Manor majority's treatment of the "second alternative" that the majority opinion referred to at 133 Wn.2d 283 (and that is quoted above on page 7 of this letter), the majority opinion's overall conclusion statement quoted above only asserts a need for a short plat applicant seeking vesting to disclose a proposed use in the short plat application, not a need to disclose a proposed use and a proposed development. Remember from the subsection of this letter on Noble Manor's factual backdrop (see pages 5 and 6, above) that all the Noble Manor developer proposed in its short plat application package (in the environmental checklist) was "three duplex lots", with the developer's answer to the "[t]otal number of multifamily units" question on a contemporaneous Tacoma-Pierce County Health Department "Short Plat Preliminary Subdivision Review Application" form indicating that that number was going to be "3", forcing the reader of the form to assume from the context of the overall short plat application that eventual construction of three duplex buildings was planned (for a total of six actual, independently rentable residential dwelling units at two units per each duplex building when using the term "units" according to its meaning in the field of real City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 9 estate development) rather than just one independently rentable residential dwelling unit per lot, which would have totaled three.such "units". Strada's Contentions Concerning the Actual Statement of Law that the Noble Manor Supreme Court Majority Opinion Stands For and How Your Draft Letter's Statement of the Law Should Be Revised Assuming for the sake of argument that the Noble Manor majority opinion's suggestion in dicta that "some uses not expressly identified in the application may not vest" (a suggestion noted in J. Sanders' concurring opinion at 133 Wn.2d 269 at 288) is nevertheless a generally binding statement of short plat application vesting law (which Strada contends it is not\ in light 5 Strada generally agrees with the criticisms of the majority opinion explained in Justice Sanders' Noble Manor concurring opinion, which is set forth here in its entirety: I concur in the result that this developer's short plat application vests the right to construct improvements as specified in the application. However, the majority goes beyond what is necessary to decide the case by suggesting, in dicta,II some uses not expressly identified in the application may not vest. I write separately to state it is imprudent to comment on an issue not necessary to decide the case, especially where neither party has briefed or raised it. See Peterson v. Hagan, 56 Wn.2d 48, 53, 351 P.2d 127 (1960) ("[Gleneral expressions in every opinion are to be confined to the facts then before the court and are to be limited in their relation to the case then decided and to the points actually involved,"). Such dicta are not controlling precedent. 12 Authority relied upon by the majority to resolve the narrow issue actually before the court supports vesting of more rights than simply the right to build improvements identified in the original application. For example the majority cites the final legislative report on the bill enacting RCW 58.17.033 which states that short subdivision rights should vest when the application is submitted because "lilf a developer complies with these requirements, a project cannot be obstructed by enacting new zoning ordinances or building codes." Majority at 277 (quoting Final Legislative Report, 50th Leg. 1st Reg. Sess. 255 (1989)). This suggests zoning and building codes may vest as well, particularly when a change thereto frustrates the improvements allowed by area zoning in effect at the time the plat application was filed. Further, the majority notes the purpose of the vested rights doctrine is to protect a developer's expectations against fluctuating land use policy. Majority at 278 (citing Friends of the Law v. King County, 123 Wn.2d 518, 522, 869 P.2d 1056 (1994)). Such purpose is also served by vesting the right to construct improvements according to the laws in existence at the time of the plat application. Limiting vesting protection to the right to make only those improvements referenced in the platting application could eviscerate a developer's normal expectation to build improvements thereon as allowed by area zoning laws in effect at the time of the subdivision application. Thus, I agree the developer's right to build improvements as specified in the short plat application vests when a complete application is submitted; however, I would not rule out similar vesting where the application is silent. In fact, silence is the norm since land subdivision is available without regard to whether or not immediate improvements are even contemplated, The majority's ill-considered dicta are not controlling and questions not properly before us cannot and should not be determined in this manner. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 10 of the above-noted facts underlying Noble Manor, the conclusions of the Supreme Court's majority opinion make clear that even a skeletal statement of proposed use (which, in Noble Manor, was a statement that "duplex lots" were proposed) is sufficient under the Noble Manor majority opinion's rules for vesting the right to develop and use proferty under the laws as they exist at the time of filing of a complete short plat application. Thus, the assertion of law that is set forth as the last sentence of the first full paragraph on page 2 of your June 16, 2009 draft letter citing the Washington Supreme Court's Noble Manor decision is incorrect. In order to comport with the Supreme Court's Noble Manor majority opinion (dicta included), Strada contends that the assertion of law in that sentence of your letter should be revised to state: Submission of a completed short plat application that generally discloses particular proposed use(s) vests the short plat applicant with the right to divide the property and develop and use it for the disclosed proposed use(s) in accordance with the zoning and other land use control laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). Please revise that sentence accordingly. Why Strada's Originally Submitted Statement of Proposed Land Use(s) Meets Noble Manor's Statement of Law for Vesting of Development and Uses Strada's disclosure of office uses on the face of Strada's originally submitted Land Use Permit Master Application form meets Noble Manor's statement of law for vesting of development (including future redevelopment of Strada's proposed lots) and uses because that disclosure of uses (namely, "[g]eneral office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton) was at least as particularized as was the Noble Noble Manor. 133 Wn.2d 269 at 288-290 (J. Sanders concurring). Noble Manor footnotes 11 and 12 tied to Justice Sanders' above-quoted concurring opinion state: 11 E.g.. "Not all conceivable uses allowed by the laws in effect at the time of a short plat application are vested development rights of the applicant." Majority at 285. 12 Statev. Potter. 68 Wn. App. 134. 149 n. 7, 842 P.2d 481 (1992). 6 That is why Strada contends near the bottom of page 2, above, that, having disclosed proposed office land uses on the originally submitted Land Use Permit Master Application form, no further disclosure to the City was necessary in order to vest Strada's right to redevelop the lots in the future for the stated proposed land uses in accordance with the "zoning or other land use control ordinances, in effect on the land at the time [that the J fully completed application for ... short plat approval of the [Strada da Valle] short subdivision [was] submitted to the appropriate ... city [of Renton] official." City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 11 Manor developer's disclosure of proposed "duplex lots" use in Noble Manor. Strada's Purpose in Herewith Submitting the Pages Constituting a Clarification to and/or Modification of Strada's Completed Land Use Master Application Form. As described more fully on pages 3 and 4 above, Strada is herewith submitting to you as a technical clarification to and/or modification of the short plat application both (a) the updated copy of the previously completed and submitted Page I of the Land Use Permit Master Application form and (b) a corresponding Supplemental Page that sets forth an addition to the original statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box. That addition to the original statement includes making explicitly clear that all "Future Office Redevelopment" ( as defined on the Supplement Page) is proposed to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the fully complete application for the Strada da Valle Short Plat was submitted to the City. Even though Strada contends that the herewith submitted technical clarification to and/or modification is not legally necessary in order for Strada to qualify under Noble Manor's statement of law for vesting of both development and uses, Strada has nevertheless elected to submit it in the interest ofresolving this matter and avoiding controversy with the City. Strada's Requests for Modifications to the Text of Your Draft Letter's "Analysis" and "Conclusions" Sections in Relation to Condition 1 Strada hereby makes several requests for modifications to the text of your draft letter's "Analysis" and "Conclusions" sections relating to Condition I. The first is a reiteration of the request set forth on page I 0, above, that you revise the assertion of law that is set forth as the last sentence of the first full paragraph on page 2 of your June 16, 2009 draft letter to read as follows: Submission of a completed short plat application that generally discloses particular proposed use(s) vests the short plat applicant with the right to divide the property and develop and use it for the disclosed proposed use( s) in accordance with the zoning and other land use control laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). Second, Strada requests you delete the second full paragraph on page 2 of your June 16, 2009 draft letter. That paragraph states: It important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 12 ordinances and building codes, and is filed during the period the zorung ordinances under which the developer seeks to develop are in effect. After several readings of that paragraph, I fail to see the basis for it in the context of the subject short plat application and Strada's pending request for reconsideration. Because Noble Manor relates to short plat applications, not "permit applications", the reference to "permit application" in the second line of that paragraph appears to be inappropriate. Note that if you actually intend in that paragraph to refer to "permit application" rather than to "short plat application", other portions of this paragraph don't seem to be at all appropriate. For example, that paragraph's references to the "permit application" being "sufficiently complete" and complying with "building codes" make the paragraph sound somewhat like a statement of a part of the common law rule for building permit application vesting rather than vesting under a short plat application pursuant to RCW 58.17.033(1) and Noble Manor. Compliance with building codes is not ordinarily checked in relation to a short plat application but is in relation to a building permit application. In sum, that paragraph appears to me to be muddled, misstating vesting law that is relevant in the context of the subject short plat application and your draft letter, which is why Strada hereby requests that that paragraph be deleted in its entirety. Third, in view of Strada's herewith submitted pages intended as a technical clarification to and/or modification of the short plat application, Strada hereby requests that you revise and replace the last three paragraphs of your draft letter's Analysis section concerning Condition I (the first two of those paragraphs being set forth on the bottom of page 2 of your draft letter and the third being set forth on the top of page 3) with the following three paragraphs: Renton's Planning Division determined the subject short plat application to be complete and, accordingly, notified you (as the applicant's contact person) of such in a letter dated March 27, 2009. The uses the applicant proposes for the proposed lots are allowed within the zoning ordinance in place on the March 18, 2009 submittal date of the vested application. Although the existing structures on the property (having been developed around 1990 when an earlier zoning ordinance applied) do not comply with the minimum front yard setback from East Valley Road specified under the current zoning ordinance, that fact does not preclude the applicant from changing the use of the existing structures from a general office use to a dental, medical or goverrunent office use. By virtue of the technical clarification to and/or modification of the short plat application that you submitted to the Planning Division along with a letter to the . Planning Division dated June 22, 2009, it is now clear to us that, after initial utilization of what the clarification/modification refers to as the Existing Office Development (i.e., development consisting of an existing office building and associated existing outdoor parking, walkway, landscaping, lighting, drainage, City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 13 utility and related improvements) on each of the proposed lots for one or more of the applicant's proposed (office) land uses specified in the Land Use Permit Master Application, future redevelopment of each lot is contemplated on a lot-by- lot basis (at such time(s) as the then-owner of each lot determines). We understand such redevelopment would be what the submitted technical clarification and/or modification to the short plat application collectively refers to as "Future Office Redevelopment" (i.e., redevelopment consisting of one or more office building(s) and associated parking, walkway, landscaping, lighting, drainage, utility and related improvements to be built on each such lot) for one or more of the proposed land uses set forth in the Land Use Permit Master Application, and with such redevelopment of each lot to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the March 18, 2009 short plat application vesting date. In light of the of the technical clarification to and/or modification of the short plat application that you submitted to the Planning Division, Staff now concurs with the applicant's contention of vested rights under Noble Manor to (a) use the three subject proposed lots in accordance with any of the uses allowed under the zoning and other land use control ordinances at the time the short plat application was filed and (b) redevelop the lots in the future for the proposed offices uses provided that the redeveloped building(s) and redeveloped associated parking, walkway, landscaping, lighting, drainage, utility and related improvements are in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the March 18, 2009 short plat application vesting date. Condition 1 is thus no longer necessary or appropriate. Strada's Satisfaction with Your June 16, 2009 Draft Response Letter's Analysis Section that Addresses Condition 2 Strada is now satisfied with your June 16, 2009 draft response letter's Analysis section that addresses Condition 2. Thank you for your adjustment. Strada's Request for Revisions to Your June 16, 2009 Draft Response Letter's Conclusions Section In view of the above, please revise item 1 of the "Conclusions" section of your June 16, 2009 draft response letter to state as follows: 1. By virtue of the technical clarification to and/or modification of the short plat City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 14 application that you submitted to the Planning Division along with your letter on behalf of the applicant to the Planning Division dated June 22, 2009, Condition 1 is no longer necessary or appropriate and should be rescinded. Strada's Request for Revisions to Your June 16, 2009 Draft Response Letter's Decision Section In view of the above, please make the following revisions to the "Decision" section of your June 16, 2009 draft response letter: (A) Revise the introductory clause to read as follows: The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is hereby upheld, Condition 1 is hereby rescinded, and Condition 2 is hereby modified to read as follows: (B) Strike the text that currently states "I. Condition 2 shall be revised to read as follows" (which text currently begins the paragraph immediately following the current introductory clause). By making those two changes, the paragraph immediately following the revised introductory clause will start with the italicized phrase "Prior to or concurrent with the recording of the short plat. ... " Thank you very much for providing me the opportunity to review and reply to your draft response letters on behalf of Strada. Please let me know if you have any questions or comments concerning this letter, the three attached exhibits, or the two pages forwarded to you herewith as a technical clarification to and/or modification of the Strada da Valle short plat application. Sincerely, HALINEN LAW OFFICES, P.S. ~d~ Enclosures [Exhibits 1, 2 and 3 as well as (a) an updated copy of the previously completed and submitted Page 1 of the Land Use Permit Master Application form and (b) a Supplemental Page to the Land Use Permit Master Application form] City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 15 cc: Strada da Valle LLC Attn: Gary Merlino (with copies of enclosures) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copies of enclosures) Y:\ct\2488\007\Short Plat Decision\RFR\Vincent LT2 (6-22-09).doc Exhibit 1 [A copy ofC.V. Vincent's June 16, 2009 draft response letter follows this page] June 16, 2009 Ha linen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration (File No. LUA09-042) Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da Valle Short Plat. The City is also in receipt of your appeal request, but the appeal will not be processed by the City's Hearing Examiner until the reconsideration has been issued and the appeal period has ended. The City Attorney and staff have reviewed your request for reconsideration. Your request appears to be in regards to Conditions 1 and 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 be stricken in its entirety. 2. Condition 2 be stricken in it entirety, or the condition be revised to read: Analysis "Concurrent with (immediately following) the recording of the short plot, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the prapased short plat as Joint use Driveway Easement Strips A, 8, C and D. (The declaration may address other easements and matters relating ta the subject property as well.) When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross reference the recording number of the declaration on the short plat (b) cross reference the recording number of the shart plat on the declaration." 1. Condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one building located on each of the Page 2 proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices. And while the Land Use Master Application (submitted on March 18, 2009) only notes a change of use, the Environmental Checklist (submitted on March 18, 2009) noted potential additions or expansions to the existing structures. Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). It important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions noted in the Environmental Checklist) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non-conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use. However, as the existing structures were non-conforming at the time of land use application and it is unclear whether the proposed additions/expansions would conform to the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. Page 3 As an additional note staff offers there is reasonable use of the land with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's contention that the Condition {2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, 8, C and D. When the short plat and the declaration are recorded, a request shall be made ta the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions 1. Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. Decision The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, 8, C and D. When the short Page4 plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 30, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A Exhibit 2 (A copy of the Tacoma-Pierce County Health Department "Short Plat Preliminary Subdivision Review Application" form dealing with water supply and sewage disposal issues (a form that was apparently part of or submitted contemporaneously with the Noble Manor short plat application submittal package filed with Pierce County) follows this page-yellow highlighting has been added to it for emphasis.] • , .. -~68. • $1-'"'IRT' PLAT P\. -LIMINARY SUBDIVISION REVIEW APPLICATION ~·.Mitt},\ . . Taeom,i-Pitfrce-Count,r ll•aitl(Dt!partment ~-.;::~L. ::.,1i1.~·1i! · :1629 ~~h "D'" s1~~-Effl125 t/ 2/9 o 1)15 H;335£0CJ / Tacoma. WA 98408 (20GJ 591-6470 SHORT PLAT f/•_i,t:"-'tf,L_J_7_!,<~~~::__---------- DATE _£>-z-: 9"''--0Rm1NAL TRACT PARCEL# 02 2 0??. &"QoS · LOCATION (COMMON AOORESS)_.sk2a..7-Lh./.A~C:S~r'--::z:;g;~~G~a,42,:z.,_..J&~-" PROPONENT--23?.L-7 e:cA EM ~PHONE NO. 4/z.?-~ -/t._9/ ADDRESS 2/,&j_,s, -?S:_a 7.Lf_~tf ZIP---2J?'90c,c._9,<__ ___ _ 0WNER/AGENT~~Z::6:€ ,!/c)O.>JFlt" PHONE: ________ _ ADDRESS 1m z &r.1;~ lJ& 4AS7: "TA<4MA-.b£.izlP~-4~U'~"-~----- P.E./DESIGNER/R.S./SOIL SCIENTIST (2,</ St-:ldd ( PHONE:--!::.===----- ADORESS ________ __::=:::===--------ZIP'-====---.:_ __ P.E.IDESIGNER/R.S./SOIL SCIENTIST CERTIFICATION R 'F THE PROPOSED SUBDIVISION IS ON BOTH A PUBLIC SEWER SYSTEM AND A PUBLIC WATER SUPPLY SYSTEM, PRO· :EED TO THE NEXT SECTION AND ANSWER ONLY THE APPROPRIATE QUESTIONS. I. . ''"'llber of single lamily IOIS'. -~'-.£..-------9. Lot size density: By Method I S"~t --1&/?:I · ?. ' ,1 number ol lots -• =: lf-,.-,---By Method II (check one: l. Total acreage Q ' .-r_ If using Method II, auach justification. I. Number of units per acre ..3 --10. Is site located within Dept. of Ecology Basin 11 yes/nc i. Minimum lot size ____________ 11. Is site located within Shellfish Sensitive Area_}.j_{j__yes/no. If i. Minimum net lot size yes, specify an•a --{JA-· '. Minimum gross lot size 12. Parcel Is X is not within 300 feet of a public sewer, I. Number of multifamily residential lots 3 -or within a ULID sewer area or sewer district. If yes, a sewer Total number ol units _____ ......;=:3-----avallabillty/non-availablllty letter Is required. Total number of bedrooms 13. Were soils logged by a Designer, Registered Sanitarian, Professional Engineer or Soil Scientist? ,NA-yes/no. 'HE FOLLOWING INFORMATION MUST BE PROVIDED tLt. O.U WATER SUPPLY: Check & compfe!e section A, B OR C below (as appropriate) A. X Existing Public Water Supply Name ::2Ka.M A-Ct TY ,l,./A77;!12;. Attach Certificate of Water Availability f;/ID/9D B. New Public Water Supply Name•------------------------ lndicate well sile on plot plan and attach completed source site application. C. ___ lndividual Welts. __ _ SEWAGE DISPOSAL: Check & complete section A~ or C below . .•... . ., ... ,,.;,.,;;·;-~·,.: .. , • A.~Exisling Public Sewer NameY_/£/ZL'r;;-0.C"iJ,ifr/,'.\'@AJfT;t{E.Y'·.-'Sl""t.vl:IZ-· Atta.ch Sewer Availability Letter·,· IA /..; _D :;It; 7 3-/ B. Individual On-Sile Sewage Systems 1) Attach soil log descriptions (1 por lot or as required). 2) Are soils consistent throughout lhe plat? · yes/no. 3) Attach Preliminary Plot Plan (refer to checklist for requirements). 4) For Existing Homes with Individual On-Site Sewage Systems: Is the existing sewage system functional? yes/no. Explain Is an adequate reserve area available? ___ yes/no. Explain ____ _ Are setback requiremants met? ___ yes/no. C. Community/Larger On-Site Sewage System Attach preliminary report. ,oreby certif\l tbat the information nivrm in thlc: ;.i;nnlil"'~linn la ::I tn,a anri ,:i,~,..., .... r ... ,.,_,. ... " .... ,: ... -................. :_.1 _____ .. :.: ... ----"'· 1 ---- • • Exhibit 3 [ A copy of page 1 of the Pierce County Environmental Checklist" form that was part of the short plat application package that the Noble Manor developer filed with Pierce County follows this page-yellow highlighting has been added to it for emphasis.] • .. • ' \ • lLIJ~.::> 3/141'Z008 . \ L.: I ._...::,,-.' : IERl.i : COUNTY . 'i\ IR(' 'FPJ'.. .\L CIIECKLIST Action: ____________ _ Receipt: __________ _ Received by: _____ Date: ___ _ I. INTRODUCTION INFORMATION 1. Name of proposal (if applicable): Noble Manor Short Plat. 2. Proponent: Noble Manor. Bill Dodge or George Hoover a, b. C. Contact Person: PAC-TECH Enginccrjn11, Jnc .• Rod Emmons Address: 2601 South 35th -Suire 200. Tncomn. WA 98409 Phone: /206) 473-4491 3. Description of proposal, including existing nnd.11roposed uses. (TI1ere are several questions later in this checklist that ask you to describe certain aspects or your proposal. You do not need to repent those answers in this section.) '· ' ' •I '· The proposal js to subdjvide n 42.80 I square [oot parcel into three duplex sites. The ~- parcel is Lor I of Short Pint No. 81092202!6 nnd is located jn the SR9/Potenllnl RML Zone. The site wiU be served by pu~lic rands and publjc sewers. 4. Location or Project: University Pince Nearest Town or City: Fircrest a. Parcel Number: 0220228005 Section: 22 Township: 20 Range: 2 b. Address: 5607 Brjdgeport Way West c. Adjacent land uses around the site: To the north are condominiums. Jo the east is the single-(amily subdivision called Fir Ridge. to the sou1b Is undeveloped residential land. to the west are mulliple family uses. nn nuto wrecking yard and single-[amj(y development. , d. Legal Description: Sec short pint. , c. Current zoning or environment designation: SR9/RML Potential Zone and -,Jx. Sub Arca 4 of Bridgeport Way Corridor Pinn. f. Please allach a vicinity map showing nearby major streets. 5. Size of Project: 6. 7. a. b. Acreage: l1.2l! Total square feel of buildinc (include phases if applicable): 1.500 to 2000 square feet per unirl Do you have nny plans for future additions, expansion or further activity related to or connecled with this proposal? Ir ye•, explain: There arc no ruture additions beyond the proposed short pint. Proposed liming for completion of the proposal (include phasing if opplicnble): 00204 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Strada da Valle LLC PROJECT OR DEVELOPMENT NAME: Strada da Valle Short Plat ADDRESS: c/o Gary Merlino, Manager 9125 10th Avenue S. PROJECT/ADDRESS(S}/LOCATION AND ZIP CODE: 2400 East Valley Road CITY: Seattle, WA ZIP: 98108 Renton, WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: (206) 762-9125 302305-9103-09 APPLICANT (if other than owner) EXISTING LAND USE(S}: General Office NAME: Same as above PROPOSED LAND USE(S}: General office, medical and dental office and government offices as COMPANY (if applicable}: defined in the City's Development Regulations in effect on the date that this short plat * application is submitted to the City of Renton. ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY: ZIP: Employment Area Valley (EAV) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION TELEPHONE NUMBER (if applicable}: No change CONTACT PERSON EXISTING ZONING: Commercial Arterial (CA) NAME: David L. Halinen PROPOSED ZONING (if applicable}: No change SITE AREA (in square feet}: 243,427 SF +/- COMPANY (if applicable): Halinen Law Offices, P.S. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 0 ADDRESS: 1019 Regents Blvd, Suite 202 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,307 SF of Joint Use Driveway Easements CITY: Fircrest, WA ZIP: 98466 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NA TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMB!=R OF PROPOSED LOTS (if applicable}: 3 (206) 443-4684 davidhalinen@halinenlaw.com NUMBER OF NEW DWELLING UNITS (if applicable}: NA * See Supplemental Page for additional text. I • 08/07 Supplemental Page to Land Use Permit Master Application for the "Strada da Valle" Short Plat (Continuation of text from the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application's right-hand column is set forth below.) (Those proposed land uses set forth in the PROPOSED LAND USE(S) section on page I of the Land Use Master Permit Application are referred to herein as the "Proposed Land Uses".) An existing office building and associated outdoor parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Existing Office Development") already are situated on each of the three proposed lots. Consistent with RCW 58.17 .033(1) and Noble Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997), the short plat proposal contemplates creation of each of the proposed lots for the following purposes: 6/22/09 (I) Initially, utilization of the Existing Office Development on each of the proposed lots for one or more of the Proposed Land Uses; and (2) In the future, at such time(s) as the then-owner of each lot determines, redevelopment of each lot on a lot-by-lot basis for one or more of the Proposed Land Uses with one or more office building( s) and associated parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Future Office Redevelopment"), with such redevelopment to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton' s Development Regulations)] in effect on the land on the date that the complete application for this short plat is submitted to the City. .. City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA ross : 54,813 s uare feet LOCATION: 2300/2400/2500 E Valle ross N/A RK ORDER NO: 78049 ETURN THIS FORM & GRE N FOLDER TO THE PROJECT R: ROCALE TIMMONS IN C RRENT PLANNING 5TH FLOOR The applicant is proposing to sub · 1de an existing parcel into 3 lots which contains an existing three ent o be retained. The proposed lo ould range in size from 10,335 square feet up to 27,723 square feet; each of the lots would c I one of the _three existin mercial buildings. The subject property is located on the east side of East Valley Road just north of S ct site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mo,e Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minar Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Uaht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans talion Environmental Heafth Public Services .. Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional infor, lion is needed to properly assess this proposal. S-20-0/ Date David L. Halinen, P.E., Attorney at Law davidhalinen@halinenlaw.com HALINEN LAW OFFICES, P.S. A Professional Service Corporation 1019 Regents Boulevard, Suite 202 Fircrest, Washington 98466-6037 May 18, 2009 City of Renton Department of Community and Economic Development 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: C. E. Vincent, Planning Director Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 Re: My client Strada da Valle LLC's Request for Reconsideration of Conditions I and 2 of the Strada da Vane Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Dear Mr. Vincent: My client Strada da Valle LLC ("Strada") hereby requests reconsideration of conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09- 042, SHPL-A) that you issued as those conditions are set forth in the Administrative Short Plat Report & Decision concerning the proposed Strada da Valle Short Plat. An appeal to the Hearing Examiner has also been filed to preserve Strada's appeal rights pending the outcome of this request for reconsideration. The particular reasoning for the request for reconsideration and the requested relief being sought by virtue of it is the same as the reasoning for the appeal and the requested relief sought in Strada's May 18, 2009 appeal Jetter to the Hearing Examiner, a copy of which accompanies this Jetter and is hereby incorporated by reference. Please Jet me know if you have any questions. Sincerely, o:71s,Ps z: ~ alinen ' Enclosure cc: Strada da Vane LLC Attn: Gary Merlino (with copy of enclosure) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copy of enclosure) Y:\cf\2488\007\Short Plat Decision\Appeal to HE\Request for Reconsideration Letter (5-18-09).doc •) ,) .. ,· HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. Halinen, P.E., Attorney at Law davidha/inen@halinenlaw.com l O l 9 Regents Boulevard, Suite 202 Fircrest, Washington 98466-6037 Tacoma: (253) 627-6680 Seattle: (206) 443-4684 Fax: (253) 272-9876 May 18, 2009 City of Renton Office of the Hearing Examiner CITY OF l'IENTON 1-/:IJJ("' MAY 1 9 2009 Ql,W1 1055 S. Grady Way, Seventh Floor REC!!1Ve0 Renton, Washington 98057 CITY ClE.RK'S OFFICE Attn: Fred Kaufman, Hearing Examiner Re: My client Strada da Valle LLC's Appeal of portions of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Dear Mr. Examiner: My client Strada da Valle LLC ("Strada") hereby appeals conditions I and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09-042, SHPL-A) made by Renton Planning Director C. E. Vincent as those conditions are set forth in the Administrative Short Plat Report & Decision concerning the proposed Strada da Valle Short Plat. (That approval decision is hereinafter referred to as the "Decision". A copy of the entire Administrative Short Plat Report & Decision is herewith enclosed. A check in the amount of $75.00 for the required appeal application filing fee has been submitted to the Renton City Clerk's office.) Strada, the short plat applicant and owner of the subject property, is aggrieved by approval conditions I and 2, which are set forth on page 7 of 8 of the Report & Decision. Strada would be adversely affected by those conditions if the relief sought in this appeal is not granted. Those conditions state: I. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying . zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. This appeal is made pursuant to RMC 4-7-070! (Appeal) within fourteen (14) days after the date of the Report & Decision. A copy ofStrada's authorization and consent for the filing of this appeal is attached. Lo..rr'r\ Wo...cr-"-"' 1 l;~ ~~ ~\-...p VIY'\C..~ I D..-v. ~- (\ ~ i \ w°" '\-\-s ~ ~ J-e ""' ,F.er \-1."" ,~. s 1o-.-~ '\-c.u.J:..LJ' ' ~I"\\ -L \0"'-l '\W"I ~-~- CE,(; -bCCA~ , t. "'i ci ut\ City of Renton Office of the Hearing Examiner Attn: Fred Kaufinan, Hearing Examiner May 18, 2009 Page 2 Note that on Strada's behalf, I have also submitted to the Planning Director a letter requesting reconsideration of conditions I and 2 of the Decision. Accordingly, please defer commencement of your review and processing of this appeal until the Planning Director has ruled on the request for reconsideration (or until I request otherwise). Errors ond Requested Relief Concerning Condition I Errors Concerning Condition I In relation to the appeal review criteria set forth in RMC 4-8-11 OE. 7 (Examiner Decision), condition I would prejudice the substantial rights of applicant-appellant Strada because {I) the imposition of that condition is in excess of the authority or jurisdiction of the agency, and/or (2) made upon unlawful procedure, and/or (3) affected by other error of law. As a matter of the statutory law of the State of Washington, RCW 58.17.033(1) provides short subdivision applicants with certain rights that vest upon the filing of a fully completed application for short plat approval of the short subdivision. 1 Noble Manor Co., 133 Wn.2d 269, 943 P.2d 13 78, (1997); Westside Business Park v. Pierce County, JOO Wn. App. 599; 5 P. 3d 713 (2000). In Noble Manor, the Washington Supreme Court ruled that RCW 58.17.033(1) not only vests the right of short subdivision applicants to divide their property but also vests the right of short subdivision applicants to develop and use their property under the land use and zoning laws in effect on the date of the application. Note that in the "PROPOSED LAND USE(S)" section under the "PROJECT INFORMATION" heading of the completed Land Use Permit Master Application that Strada submitted to the City as part of the application package for the proposed Strada da Valle Short Plat, Strada specified the following proposed use of the property: General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. 1 RCW 58.17.033(1) states: A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. ' . r , / ',' City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 3 That specification of use is in keeping with the use specification approach that the majority opinion endorsed in Noble Manor at 133 Wn.2d 283-285, 943 P.2d 1385-1387. As the Noble Manor majority opinion states as 133 Wn.2d 285, 943 P.2d 1387: When an application is made for division of land for a specified use, then the applicant has the right to have that application for that use considered under the land use laws in effect on the date of the application. (Emphasis added.)2 Condition 1 would divest a portion of Strada's vested right to use and develop the subject property by requiring placement of a restrictive covenant on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of 2 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1388, the concurring opinion of Justice Talmadge states in footnote IO as follows: The majority attempts to cure the statute's lack of a sunset provision by creating out of whole judicial cloth the following rule: the only rights that vest at the time of the short plat application under RCW 58.17.033 are the uses disclosed on the application. Majority op. at 283. The statute does not say as much, and there is no compelling logic for implying such a rule. The applicant need say nothing at all in the application about the intended use of the property after the short plat is granted. It is not this court's place to write laws for the Legislature. (Emphasis added.) Also, in Noble Manor at 133 Wn.2d 288-289, 943 P.2d 1388, the concurring opinion of Justice Sanders states in part: I concur in the result that this developer's short plat application vests the right to construct improvements as specified in the application. However, the majority goes beyond what is necessary to decide the case by suggesting, in dicta, 11 some uses not expressly identified in the application may not vest. I write separately to state it is imprudent to comment on an issue not necessary to decide the case, especially where neither party has briefed or raised it. See Peterson v. Hagan, 56 Wn.2d 48, 53, 351 P.2d 127 (1960) ("[G]eneral expressions in every opinion are to be confined to the facts then before the court and are to be limited in their relation to the case then decided and to the points actually involved."). Such dicta are not controlling precedent. Footnote 11 connected with that statement from Justice Sanders' concurring opinion states: E.g., "Not all conceivable uses allowed by the laws in effect at the time ofa short plat application are vested development rights of the applicant." Majority at 285. In view of the concurring opinions of Justice Talmadge and Justice Sanders in Noble Manor, Strada contends that, by virtue of the subject short subdivision application, it has vested rights to use and develop the subject property in accordance with any of the uses allowed under the zoning and other land use control ordinances in effect on the land on the date that Strada's short subdivision application was filed. City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page4 building permit review. The City's Department of Community and Economic Development (on behalf of which the Planning Director issued the Decision) has no authority or jurisdiction to divest any portion of a vested right arising under RCW 58.17.033(1). (No such authority or jurisdiction was cited in the Report & Decision.) Having been created as a matter of the statute law by the Washington Legislature, vested rights to develop and use short platted lots have an unlimited temporal scope3 and cannot be divested by a local government. As the Noble Manor majority opinion explains at 133 Wn.2d 282, 943 P.2d 1385: The County also argues that short subdivisions, which involve a simpler application process, should not enjoy longer vested rights than long subdivisions which involve a more complex approval process. This is a matter for the Legislature to decide. The Legislature did not divest a short plat's vested rights after five years as it had previously done with formal subdivisions [under RCW 58.17.170]. It may be that since short plats involve only small development of a few lots that the divesting provision was deemed unnecessary because of the relatively minor impact such developments would have. It is within the power of the Legislature to pass legislation which divests a short plat's vested right after some reasonable amount of time. However, such a statute has not been enacted, and we decline to do so by statutory construction when the "divesting" statute applies only to formal subdivisions. See RCW 58./7./70. (Emphasis added.) The Washington legislature still has not enacted a statute to divest a short plat's vested rights and has not delegated any powers to local governments to divest such rights. In view of the above, any procedure by which the Planning Director imposed condition I was unlawful for imposing that condition. Also in view of the above, the imposition of condition I was "affected by other error of law": namely, imposition of that condition violates Strada's vested rights under RCW 58.17.033(1) to develop and use the subject proposed lots. Requested Relief Concerning Condition 1 Because (a) the City's Department of Community & Economic Development has no authority or jurisdiction to divest a vested right arising under RCW 58.17.033(1), (b) any procedure by which the Planning Director imposed condition I was unlawful for purposes of imposing condition I, and (c) imposition of that condition violates Strada's vested rights under RCW 58.17.033(1) to develop and use the subject proposed lots, Strada hereby requests that condition I be stricken in its entirety. 3 In Noble Manor at 133 Wn2d 287. 943 P.2d 1387-88, the concurring opinion of Justice Talmadge states: The unlimited temporal scope of RCW 58./7.033 creates public policy concerns. Whereas subdivision approvals under RCW 58.17.170 last for only five years, no similar sunset provision for short plats appears in RCW 58.17.033. . ' y '' City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 5 Errors and Requested Relief Concerning Condition 2 Errors Concerning Condition 2 In view of the application materials submitted, condition 2 is simply unwarranted because the application is predicated on certain proposed joint use driveway easements that fully encompass the two lot-line-straddling driveways that are perpendicular to and connect with East Valley Road. To put this into context, note the following features of the subject short plat application: (I) Two of the existing driveways stemming perpendicularly off of East Valley Road will straddle lot lines being created by the proposed short plat: namely, the Lot I-Lot 2 common Jot line and the Lot 2-Lot 3 common lot line. (2) In regard to those two driveways, Sheet 3 of 4 of the proposed short plat specifically delineates within "Detail A" and "Detail B" the precise locations of four strips of land that are labeled thereon as Joint Use Driveway Easement Strip A, Joint Use Driveway Easement Strip B, Joint Use Driveway Easement Strip C, and Joint Use Driveway Easement Strip D. (Joint Use Driveway Easement Strip A and Joint Use Driveway Easement Strip B relate to the existing driveway straddling the Lot I-Lot 2 common lot line, while Joint Use Driveway Easement Strip C and Joint Use Driveway Easement Strip D relate to the existing driveway straddling the Lot 2-Lot 3 common lot line.) (3) Submitted as part of the short plat application package is a proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" instrument (which, as part of the application, Strada proposes to ultimately execute and have the City Clerk record with the King County Recorder immediately following the recording of the ultimately approved short plat). That instrument is the instrument that will declare "Joint Use Driveway Easement A," "Joint Use Driveway Easement B," "Joint Use Driveway Easement C," and "Joint Use Driveway Easement D" over each of the four corresponding strips ofland.4 4 Note also that the March 18, 2009 short plat application cover letter from me to the City, which listed all of the application materials that were submitted as part of the Strada da Valle Short Plat application, stated the following under listed submittal item (8): Four (4) copies of a proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" (to be ultimately executed and recorded immediately following the recording of the ultimately approved short plat) and four ( 4) sets of a companion four-sheet, full-size Record of Survey of the property (which, among other things, depicts proposed easements that the City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 6 (4) The following easement note appears on Sheet 3 of 4 directly to the left of "Detail A" and "Detail B": EASEMENT NOTE: JOINT USE DRIVEWAY EASEMENTS TO BE CREATED BY ''DEC LARA Tl ON OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND" RECORDED ALONG WITH THIS RECORD OF SURVEY UNDER KING COUNTY RECORDING NO.-----------· (Emphasis added.) With these features already embodied in the application, "approval of the Strada Short Plat" must mean approval with recording of the instrument declaring proposed Joint Use Driveway Easements A, B, C and D. Thus, no condition of approval is reasonably warranted to require recording of cross easements for all driveways that straddle a lot line. Aside from the fact that condition 2 is unwarranted in the context of the subject short plat application, Strada objects to condition 2 because it is unreasonably vague and ambiguous. Condition 2's text requires cross access easements for "all driveways that straddle a lot line". On its face, that phrasing does not make clear whether condition 2 is intended to (a) merely require cross easements over the four easement strips set forth on Sheet 3 of 4 of the proposed short plat (which is what Strada's application proposes) or (b) also require cross easements over the internal parking lot driveways (driveways that parallel East Valley Road) with those driveways being construed as extending across the Lot I-Lot 2 common lot line and across the Lot 2-Lot 3 common lot line (which is not what Strada's application proposes, which would be unacceptable to Strada, and which we presume from condition 2's language that the Planning Director did not intend but cannot know for sure). If the latter was intended, condition 2 would violate RCW 82.02.020. RCW 82.02.020 prohibits local governments from imposing taxes, fees, or charges, directly or indirectly, on the development, subdivision, classification, or reclassification of land except as specifically authorized by statute. Strict compliance with its terms is required. Under RCW 82.02.020, a tax, fee, or charge imposed directly or indirectly on land development is invalid unless it falls within a statutory exception. One exception to RCW 82.02.020's general prohibition is that local governments can impose conditions requiring easements within a proposed development or plat which the local government can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the easement is to apply. RCW 82.02.020 places the burden of proof of reasonable necessity on the local government. Citizens' Alliance/or Property Rights v. Sims, 145 Wn. App. 649, 187 P.3d 786 Declaration of Easements, Covenants, and Agreement Running with the Land will create (to be ultimately executed and recorded inunediately following the recording of the short plat and the recording of the Declaration); City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 7 (2008); Isla Verde International Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 49 P.3d 867 (2002). For purposes of that exception to the statute's prohibition against the imposition of taxes, fees, or charges, directly or indirectly, on the development, subdivision, classification, or reclassification of land, a condition of approval requiring an easement does not satisfy this exception absent (I) a nexus between the proposed development and an identified public problem and (2) a rough proportionality between the required easement and the impact of the proposed development. Citizens' Alliance for Property Rights v. Sims, ibid. If cross easements over the internal parking lot driveways (the driveways that parallel East Valley Road) are intended by condition 2 to be required, such a requirement would violate RCW 82.02.020 because in relation thereto the City of Renton could not meet its burden of proof to demonstrate (I) a nexus between the proposed short subdivision and an identified public problem and (2) a rough proportionality between the required easement and the impact of the proposed development. Requested Relief Concerning Condition 2 Because condition 2 is unwarranted in view of the fact that the application as it was submitted was already predicated upon the recording of appropriate joint use driveway easements, Strada requests that condition 2 be stricken in its entirety. In lieu of striking condition 2 in its entirety, Strada would find the following revised formulation of condition 2 to be acceptable: Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across the strips of land depicted and labeled on the proposed short plat as Joint Use Driveway Easement Strips A, B, C, and D. (The declaration may address other easements and matters relating to the subject property as well.) When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross-reference the recording number of the declaration on the short plat and (b) cross-reference the recording number of the short plat on the declaration. I hereby request that you provide me with copies of any letters or other materials that you issue (or that you receive from City staff or others) concerning this appeal. Sincerely, City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 8 Attaclunent and Enclosure cc: Strada da Valle LLC Attn: Gary Merlino (with copies of attaclunent and enclosure) C. E. Vincent, City of Renton Planning Director (with copies of attaclunent and enclosure) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copies of attaclunent and enclosure) Y:lcf\2481r.0071.Slurt Plll Dccisicm\Appcnl to HE\Appcal Letter (5·18--09).doc A•flkni11fiow af and Conanmee wifl Afipeal l1mda a Vallo U.C. a Wnli&glliii JimW &dilily cuaq&11 r'S~ Im 8lml!a da Va& Sim PIii ll(IJ'fimd lad:JJ 8-,NM· ail WDCIIIS widl tb IIIIJ!Clllof'tflD)Udilluof'llu,MQ S, 20l9 5radl dL Vallo Slllllt Plat Mmiaidbltha Da il'h+ (LUAm,Ol7. l!HPI..A) Cll Slmfa .. Walla m 11161D111D ~ 11.2D iippai1 Wa:&rm8fnali1....., 0ml L llilima 111 bRf'lfnBeesiHgJ1».1+irn , SHORT PLAT REPORT& DECISION A. REPORT DATE: Project Name: Owner/Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: SHPL-A Report RECEIVED I " II V f 411U'' City of Renton Department of Community & Economic Development HALINEN I.AW OFFICE! P.S. ADMINISTRATIVE SHORT PLAT REPORT & DECISION SUMMARY AND PURPOSE OF REQUEST May 5, 2009 Strade da Valle Short Plat Gary Merlino; Strada da Valle LLC; 9125 IO'" Ave S, Seattle, WA 98108 David L. Halinen; Halinen Law Offices, P.S.; 1019 Regents Blvd Ste #202, Fircrest, WA 98466 LUA09-042, SHPL-A Rocalc Timmons, Associate Pla1U1er The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development Lo be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings following the subdivision of the parcel. The subject property is localed on the cast side of East Valley Road just no11h of SW 27th Street. The project site totals 5.59 acres in area and is zoned Conunercial A.t1erial (CA). Access for lhe proposed lots would be provided via existing diiveways along East Valley Road. The site is also located within a seismic hazard area. An addendum to ihe existing SEPA Detennination of Non-Significance-Mitigaled, issued for the construction of tl1e office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. 2300/2400/2500 East Valley Road City a/Renton D,p,mment a/Community & Economic Development STRADA f!!!XAL_I.E-,:.• .::;SH=O.:.:R.:.T.:.P.::LA::.:..;.T ____ _ Administrative Short Plat Report & Decision LUA09-042 SHPL-A Report of May 5, 2039 Page 2 of8 r:-:::= -----~--------~~= ------------------~ L~.: .. .!~~tUBITS.· __ -_______ .~--~-------------.J Exhibit I: Exhibit 2: Zoning and Neighborhood Detail Map Overall Pia! Plan Exhibit 3: Aerial Photo Exhibit 4: SEPA Addendum I C. GENERAL ;F_O_R_M_A_T._l~O_N_: ---~ I. Owner{s) of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: North: East: Vacant (CA zone) SR 167 Gary Merlino Strada da Valle LLC 9125 lO"'AveS Seattle, WA 98108 Commercial Arterial (CA) Employment Area Valley (EA V) 3 General Office Buildings South: West: lumber Market-Storage/Warehouse (CA zone) Valley Distribution-Warehouse (TL zone) 6. Access: Access for the proposed lots would be provided via existing driveways along East Valley Road. 7. Site Area: 243,427 square feet (5.588 ac) r:-::::: --·----------------------------, ~-T;!!!E~;;.B;..A..;.C;..K..;.G_R..;.o..;;u __ N..;.D __ : ____ ~-----------------.J Action Comprehensive Plan Zoning Annexation Site Plan Review/ Envirorunental Review I E. PUBUCSERVICES: I. Utilities Land Use File No. NIA NIA NIA LUA87-058 Ordinance No. 4924 5099 1743 NIA a. Water: There is a 16-inch water main within East Valley Road. b. Sewer: There is an 8-inch sewer main within East Valley Road. 121512001 11/1/2004 4/15/1959 11/23/1987 c. Surfacc/Stonn Water: There exist stonn water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department S!IPL,.A &port City of Renton Department ofComnmnily & Economic Development STRADA DA VALLE SHORT PLAT Administrative Short Plat Report & Decision LUA09-042 SHPL-A Report of May 5, 2009 Page 3 of8 I F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: t. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Conuuercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards c. Section 4-7-150: d. Section 4-7-180: Streets -General Requirements and Minimum Standards Industrial and Conunercial Blocks and Lots -General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1, Land Use Element: 2. Community Design Element: I H. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel; zoned Conunercial Arte1ial (CA). The prope1iy is located on the east side of East Valley Road just north of SW 27th Street. The site contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot I: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEP A) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEP A is not required for the short plat. However, an addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office SHPL-A Report City of Ran/on DJpartment of Community & Economic Drvelopment Adminis1ra1ive Short Pia, Report & Decision STRADA 12:!f_Afd,E SHORT PLAT = '"----~---------L""U_A.,09 ... --04""2._S_H __ PL_-_A .... Report of May 5, 20J9 Page 4 of 8 development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Rc,1ew Comments Representatives from various city departments have reviewed the application materials lo identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the approp1iate sections of this report and the Departmental Recommendation at the end of this report. 5. Consistency with Short Pint Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established lo assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EA V) on the Comprehensive Plan Land Use Map. Lands in the EA V designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The proposal is consistc11t with the following Comprehensive Plan Land Use policy: Objective LU-HRH: Provide for a mix of employment-based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. .,.-Policy Objective Mel D Not Met b) Compliance ovit/r tire Under/yi11g Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. J.&t Dill)_ensjons: The minimum lot size permitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A), all lots meet the requirements for minimum lot size. ~bac!,§.; The required setbacks in the CA zone nre as follows: minimum front yard setback is IO feec; maximum front yard setback is 15 feet: there are no side or rear yard setbacks unless the site abuts n residential zoned property. 1l1e site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non-conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff r<!COmmends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Buili!ing Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on-site parking garage. Parking is not located within a structure therefore the maximum building coverage would be 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building lot coverage. SHPl-A Report City o.f'Re111on Department o_fCommunity & Economic Development STRADA DA VALLE SHORT PLAT Administrative Short Plat Report & Decision LUA09-042, SJIPL-A Report of May 5, 2009 Page 5 of8 Parking: The number of parking spaces for general office uses within the Commercial Arte,ial zone is limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non-conformity no variance or modification approval is required. TABLE A Standards Lot 1 Lot2 Lot3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF (52,045 Net SF) (54.855 Net SF) (133,220 Net SF) Building 10,355 SF 15,720 SF 27,723 SF Foot~rint Max. Bldg. Lot Coverage 20% 28% 21 % Max: 65% Parking Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1 ,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1 ,000 SF Parking Stalls Provided 48 76 172 Front Yard Setback Min: 10 feet 61.9 feet I 24 feet 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Compliance with Subdivision Reg,1lations Streets: No new public streets would be created as part of the proposed short plat. There is cmTently an improved public right-of-way along the frontage of East Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed shmi plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reasonableness of Proposed Boundaries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one between proposed Lot 1 SJIPL-A Report City of Renton Cepanm,nt of Community & Economic Development STRADA DA VALLE SHORT PLAT ~of~S,2CJ9 Administrative Shon Pia, Report & Decision LUA09-041 SI/Pl-A Page 6 of8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are localed on proposed Lot I and 3. The applicant is proposing to create easements and coventants related to the existing driveways that straddle proposed lot lines. Staff recommends, as a condition of approval, the applicant be re<tuired to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: TI1e topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as part of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City's zoning map. The proposal is similar to existing development pallems in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a mix of employment- based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. j) Arai/ability and lmpact on Public Services (Timcli11ess) Police and Fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made to the site. Therefore a Fire Mitigntion Fee will not be applied to the project. Storm Water: Currently runoff from the existing collects in an onsite stom1water conveyance sy;ten1 that drains into existing on-site storrowater facilities that include a pond near the site's south edge and various underground storm drain pipes. Detained storrnwater from the site discharges into an existing City stonn drain abutting East Valley Road. No changes to the existing storrnwater conveyance or detention systems are proposed in conjunction with the proposed short pla1. Sewer & Wnter: The site is served by the City of Renton Water and Sewer systems. There is a 16- inch water main within the existing roadway (East Valley Road.). TI,ere is an 8-inch sewer main within East Valley Road. No improvements to the water and sewer arc necessary as there are no changes to site proposed as part of the short plat. j 1. FINDINGS:-----------------------------J Having reviewed the written record in the matter, the City now enters the following: 1. Applicatio11: The applicant's short plat application complies with the requiren1ents for infom1ation for short plat review. The applicant's short plat plan and 0U1er project drawings are contained within the official land use file. 2. Comprelransive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoni11g: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdfrision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-A Repon City of Renton Department a/Community & Economic De1 1elopment STRADA DA VALLE SHORT PLAT Report of May 5, 2009 J. CONCLUSIONS: Administrative Short Plat Report & Decision LUA09-042, SHPL-A Page 7 of8 I. The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot sh011 plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. K. DECISION: The Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is approved subject to the following conditions: 1. A restrictive covenant shall be placed on all lots stating that in the event the existing strnctures are destroyed, removed or demolished, the construction of new strnctures shall comply with all development standards of the underlying zoning designation at U1e time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with sho11 plat recording and is subject to City Attomey approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concuJTent with the recording of the sho11 plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: V C.E. Vincent, Planning Director TRANSMITTED this 5'' day ofMay, 2009 to rhe Owner/Applicant/Contact: Applicant/Ow1ter: Gary Merlino Strada da Valle LLC 9t25 JO'" Ave S Seattle, WA Contact: David L. Halinen Halinen Law Offices, P.S. t 019 Regents Blvd Ste #202 Fircrest, WA 98466 TRANSMITTED this 5"' day of May, 2009 to the Party (ies) of Record: No Pa11ies of Record TRANSMITTED this 5'" day of May, 2009 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director SHPL-A Report Decision'nate 1 City of Renton Dcpartnent of Community & Economic Deva/opment Administrative Short Plat Report & Decision STRADA DA VALLESHORTPLAT LUA09-042 SHPL-A Report ofMeys,2009;,,....,;.;..;,,_, ...... _____________________ =--"'""pa'"g""e'"s·o""'r·s- Jennifer Hanning, Planning Manager Kayren Kittric/r, Davewpment Services Jan Conklin, Devc/opr.ient Services Carrie Olson, De,dopment Services Renton Reporter Land Use Action Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or ifhe finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision wlII become final If not appealed In writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City ofRcnton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) yeara from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADVISORY NO TBS TO APPLICANT The following notes nre supplemental Information provided lo conjunction with the administrative land use action. Because these note., ara provided as lnformadon only, they are nol subject to tha appeal process for the land use actions. planning; No Comments Property Services; See attached. Fire; No Comments Plan Review -Sewer: No Comments Plan Review Wnter: No Comments Plan Review-Surface Water: No Comments Plan Review -Strcttlfransportation: No Comments SHPL-A Report DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 23, 2009 Rocale Timmons Bob Mac Onie ~ Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon # 1160 is erroneously noted at both the N V. corner of Section 30 and the S V. corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N '/. corner of said Section 30. There is no horizontal control monument at said S 1/.i corner. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S V. corner of Section 30 is incorrect -the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N Y. corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plnts\OS42\RV090423.doc April 23, 2009 Page2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lols on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be detennined at the time that building permils are issued. Remove the "PARKJNG STALL COUNT ANALYSIS", "BUILDTNG SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" und "LAND SURVEYOR" blocks from Sheet I of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works. is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short pint, at the time of recording, need to sign the final short plat submittal. Include notary blocks as needed. Revise the title of tl1e declaration block on Sheet I of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easemenls, restrictive covenanls or agreemenls to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The sho,t plat drawing and the associated docurnent(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawin3. Provide spaces for the recording numbers thereof. The DEC!,ARATION OF EASMENTS, COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add tho following Declaration of Covenant language on the face of the subject drawing: ll.EC!..ARATION OF COVENANT: The owners of the land embraced within this short plaJ, In return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future H:lfilc Sys\L~D • Land Subdivision & Sum:)'in.'.l Rca,rd,\l.ND-20 • Shon PlalSIOl42\RV090423.doc\msoffico ------------------------------------ April 23, 2009 Page 3 purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. Comments for the Project Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. H:\Filc Sys\LND-Land Subdivision & Surveying Records\LND-20 -Short Plat.s\OS42\RV090423.doc\msoffice ·1 ,'t' I. f:« ~ z ..., N ,H ""' = ..., = ,I cw,c,, H .. ' -. l I ! CA ZONING PWTECINJCALSP'.RVICl'.S a,n"" G3 -19 T23N RSE E 1/2 ... . .. • •• g, s• ... ,._ .J - l3 -31 T23N RSE E l/2 • 200 )-t;..;I 1:4.,600 400 IFod - . ·, = ~ N ~ .., N "' z (,: ~ ~ . I ~ ,, r ... I 1) i:l I 1 • I I ... J 'J EXHIBIT 1 ··-·--· --·-------------------- -----\ I ---------·!r---1-- ---------I ---------------- I -. -----" -- -------59' --· -· -. I -\· -· -C . . . "' ' ------SR -·11 I ' ----· ~ •• I --\- • • w w i,i -()9"28'5' a. 8 ··~,---" ~,, ~·!:, "!, ~ ~:;; ~s ... ~i::1 EX BU!LOINC A m i ~ w • • ,., --0 -~~ ~u-· . urr' "' . !; !I I .-. . '-"" I _,, I ,,----·~ -·· ~ -· = . -· . ., -·~---~ -·-' -· ---~-~-'·= . ____ "~ 501 • .,s w ,., . .,.,,_. _ --=-=-=----13,1.w(c, :S:, •. 5£C'IDIJO -----~ I 1--::_--¥-_'.~l _ ~--=--~ 7;,w,,.-,--_-__ -___ ~V~YRO~------------~~r'4 t, EX. Bt.l!LOINC C :l ., ; ~ ~R " : ~~ 1; LOT 3 --------UNE NW 1/4...../ [.tSI VM.1£.T _,. 're-4 ---~-~I -------f-~~----~ ,~, • . i "' ---, • ' ' '•1 N = fOl"AL Afltk 243.41" so.,,'. (~ .\CMS) sm ?CNNi;. CCMOaA1. Alm1MI. (tAl .. I=• 'AA£ FQOTA1 AlfU. I .uw.-----w- rg_ U.l«S so.n. ---LOT I I n.soe SQ.IT, 1,9!5l SC.FT. ILOT ~ I 13',1)74 SQ.FT. D' SQ,n. ,om = == '!!. ------- !IZ,1)45 5Q.FT. 14,155 SQJl'T, 131.UO SC.FT, PARKING STAL1. COJHT AHAL YSIS CfflllG \/SE OF l!la.Dll.r: ~-= DltST'tlG !<ET n,(l(JR ""'-[A "-~ ff~--= -TOTi.:. =• """' 10.llS sa.rr. ~~ ff~ CCIUHT Jl'IMAlC ., "'' •I• • • " • ' .,. ~ • q • 11(1' PLOOlt Jolll£Ai l'ftCWIO IY NI -.n OMY:11 =• """ 1S,7?0 SCU"l'. ...... --· ff~ _, Q •I• .,. u • D • . .,. " ., " ,m, -n.m so.n. ...... ft::~ .. ff~ -· • •I• ., . m • " • • •I• "' " '" ---[Ul 11:Dah•lllt ft. OVERALL PLAT PLAN (Dfrar> I ~ al .... eun.DING SEJBAOCS FOR COMM[RCIAl AAlERlAl. ZONE (CA) !ff<MlalFIIQ<ITY,1,111) --· ,,.CNTM:E 5£1V.O( IIIGIU,IREAII T/>lltl WINIUI.IW SlO£ yjlJIO ~ PEIi !IMC 4-2-120>. 111 n.• 1D FT. -"-TH[ MINll,IUW l'ltONT YAll!I SVBA,:,C 101'!'8£-E:ITl)Cn.TllflCUG!li TH[ $flt 'l,,.t,lj 0£'41.tlPMElt:f ~ l'IIOCf$S ~D£D B1.ANK 11.lUS 4l!l NOT LOCATtD -THE """" """" SITE CALCU.AnoNS PfJICOrr.oa: OF UJ'T Cl:Mll£D ISY ~C-,t,HOS1!tUC1UJID =· -=• -LOT 3 .zi,i: ~A'onE<TN<D~.tJ!fl,S! =• =, =• =• .. - n""v :l7.9'DCI SI ,._v '""""' IS.40CI 51' 12.IIH SI u ... u PROPERTY O"M"ER: STltACA OA VAU.E LLC 91~10™ AVENUE SOU1H SEA T1lE. WA 98108 I.AHO SUR\OOR; BUSH, ROCD & HITOtU,ICS, NC. 2009 MINOR AVENEUE EAST SEAntE. WA 98102 DEVELOPMENT P CITY OF REN :c >< w I) ~;:;:,,~ iEI ~ MAR 1 8: RECEIV POR?llllf or lfmrmnst Qt1UTER 01' tm: ~ qumn:n or ncnow aa. ~ mi )l'O!fflf. RANGE 6 lASI'. 11'.lil. "" I~ ;<\ CnT OF REtfJW t:J 8HOBT PLI.T NO. LOA tlffl-. @ STRADA DA VALLE SHORT PLAT 2400 EAST VAllEY ROAD, RENTON. WA 96055 11RH TAX LOT 302305-9103-09 BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LANO SURVEYORS ORA....,, BY RHT DATE; OJ-03-09 JOB I 2008105.00 ~~NT t=f)JU-41"4 ·-- Renton Ci ty Limits Parcels ~ Renton Aerial ~ !"""! 200 SCALE 1 : 2,940 ~ j I 0 200 FEET http://renton net.org/MapGuid e/maps/Parcel.rnwf Renton N A I I 400 600 EXHIBIT 3 Tuesday, April 28, 2009 8:29 AM . . CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197·11-625 Addendum to Cedar River Corporate Park Determination of Non-Significance -Mitigated (DNS·M) {ECF 053-087) Date of Addendum: Date of Original Issuance of SEPA Threshold Determination: Proponent: _ Application file: Project Name: Strada da Valle LLC ECF 053-087 and SA 058-087 Renton Campus May 4, 2009 September 14, 1987 Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single-story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single-story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27'h Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non-Significance -Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Terry Hlgashiyama, Administrator Community Services Department ~~' / I.OavldOanlels, Administrator Fire & Emergency Se Ale Pletsch, Administrator Department of Community & Economic Development --------------------------- DATE os/01-/02 • DATE DATE . . • CITY OF RENTON City Clerk Division 1055 South Grady Way Renton, WA 98057 425-430-6510 DCash i:icheck No. I/ S SI -~~~- D Copy Fee DAppeal Fee Description: Lu.A -c:/1-0Lf:), -St(w\o.. Funds Received From: Name Address r-\cJL."' Q «:> l Y'-M ) nf /~ >!? .•· . 1 o I c1 v cc, id,.:::\,.-::, ,sf :t-f/ Jc;). City/Zip · r I ( cv.-P:::.,f , V\, \v... ·•· '. •, r. -,V Receipt 1383 D Notary Service o _________ _ Amount $ / s-· QQ /" I / I CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non-Significance Mitigated (DNS-M) (ECF 053-087} Date of Addendum: Date of Original Issuance of SEPA Threshold Determination: Proponent: Application File: Project Name: Strada da Valle LLC ECF 053-087 and SA 058-087 Renton Campus May 4, 2009 September 14, 1987 Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single-story buildings of 10,000 square feet and.17,500 square feet as part of Phase I and an additional single-story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27th Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non-Significance -Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Terry Higashiyama, Administrator Community Services Department ~~•Mo:' Fire &· Emergency Se:,,-· -... Pietsch, Administrator Department of Community & Economic Development slo'-l I o q DATE os/01-/o2 • DATE DATE SHORT PLAT REPORT& DECISION A. REPORT DA TE: Project Name: 011•ner!App!ica11t: Contact: File Number: Project Manager: Project Sw1111101:11: Prc?ject Location: SHPL-A Report City of Renton Department of Community & Eco nomi c Development ADMINISTRATIVE SHORT PLAT REPORT & DECISION SUMMARY AND PURPOSE OF REQUEST May 5, 2009 Strade da Valle Short Plat Gary Merlino; Strada da Valle LLC; 9125 10 111 Ave S, Seattle, WA 98108 David L. Ha linen; Ilalinen Law Offices, P.S.; 1019 Regents Blvd Ste #202, Fircres t, WA 98466 LUA09-042, SHPL-A Roca le Timmons, A ssoc iate Planner The applicant is propos in g to subdivide an existing parcel into 3 lots which conta in s an existing three building office development to be retained. The proposed lo ts would range in size from 10 ,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing co mmerc ial buildings fo ll owing the subdi vis io n of the parcel. The subject property is located on the cast side of East Valley Road jus t north of SW 27th Street. The project site to tals 5.59 acres in area and is zoned Commerc ial A11erial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. The s it e is also located within a seismic hazard area. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the constructi on of the office development (ECF-053-87), is also being requ ested in order to recognize the proposed lot lines. 2300/2400/2500 East Valley Road City <~(Renton Department <~fCum, ... ,nity & Economic Development STRADA DA VALLE SHORT PLAT Adn,,,..,strative Short Plat Report & Decision LUA09-041, SIIPL-A Report of May 5, 2009 i 8. EXHIBITS: Exhibit 1: Zoning and Neighborhood Detail Map Exhibit 2: Overall Plat Plan Exhibit 3: Aerial Photo Exhibit 4: SEPA Addendum C. GENERAL INFORMATION: 1. Owner(s) of Record: Gary Merlino Strada da Valle LLC 9125 10'" Ave S Seattle, WA 98108 2. Zoning Designation: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Employment Area Valley (EA V) 4. Existing Site Use: 3 General Office Buildings 5. Neighborhood Characteristics: North: East: Sowh: West: Vacant (CA zone) SR 167 lumber Market-Storage/Warehouse (CA zone) Valley Disrriburion-Warehouse (IL zone) Page 2 of 8 6. Access: Access for the proposed lots would be provided via existing driveways along East Valley Road. 7. Site Area: 243,427 square feet (5.588 ac) I D. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Comprehensive Plan NIA 4924 Zoning NIA 5099 Annexation NIA 1743 Site Plan Review/ LUA87-058 NIA Environmental Review E. PUBLIC SERVICES: 1. Utilities a. Water: There is a 16-inch water main within East Valley Road. b. Sewer: There is an 8-inch sewer main within East Valley Road. 12/5/2001 11/1/2004 4/15/1959 11/23/1987 c. Surface/Storm Water: There exist storm water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department SHPL-A Report City of Renton Department o/Comn ... dy & Economic Dew/opment STRADA DA VALLE SHORT PLAT Adm1, •. ~,rative Short Plat Report & Decision LUA09-042, SHPL-A Report of May 5, 2009 i F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: b. Section 4-2-070: c. Section 4-2-120: Purpose and Intent of Zoning Districts Zoning Use Table Commercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions Page 3 of 8 b. Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards c. Section 4-7-150: d. Section 4-7-180: Streets -General Requirements and Minimum Standards Industrial and Commercial Blocks and Lots -General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions ~ G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: I H. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel; zoned Commercial Arterial (CA). The property is located on the east side of East Valley Road just north of SW 27th Street. The site contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot 1: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEPA) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEPA is not required for the short plat. However, an addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office SHPL-A Report Cizv of Renton Department of Com, .. ,,ity & Economic De,,elopment STRADA DA VALLE SHORT PLAT Report of May 5, 2009 Adm, ... Arative Short Plat Report & Decision LUA09-042, SH PL-A Page 4 of8 development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EAV) on the Comprehensive Plan Land Use Map. Lands in the EAV designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The proposal is consistent with the following Comprehensive Plan Land Use policy: Objective LU-HUH: Provide.for a mix of employment-based uses, including commercial. office, and industrial development to support the economic development of the City of Renton. ./ Policy Objective Met D Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. Lot Dimensions: The minimum lot size pennitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A), all lots meet the requirements for minimum lot size. Setbacks: The required setbacks in the CA zone are as follows: minimum front yard setback is l 0 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non-conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building pennit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Building Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on-site parking garage. Parking is not located within a structure therefore the maximum building coverage would be 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building Jot coverage. SHPL-A Report City of Renton Deparlment <~(Comm •. ,y & Economic Development STRADA DA VALLE SHORT PLAT AdmiT, ... ,·ative Short Plat Report & Decision LUAOY-042, SHPL-A Report of May 5, 2009 Page 5 of8 Parking: The number of parking spaces for general office uses within the Conunercial Arterial zone is limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non-confom1ity no variance or modification approval is required. TABLE A Standards Lot 1 Lot 2 Lot 3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF (52,045 Net SF) (54,855 Net SF) (133,220 Net SF) Building 10,355 SF 15,720SF 27,723 SF FootQrint Max. Bldg. Lot Coverage 20 % 28% 21 % Max: 65% Parking Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1 ,000 SF Parking Stalls Provided 48 76 172 Front Yard Setback Min: IO feet 61.9 feet 124 feet 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an improved public right-of-way along the frontage of East Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reaso11able11ess of Proposed B01111daries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one between proposed Lot I SHPL-A Report City <~{Renton Department of Com,, .,1ity & Economic Development STRADA DA VALLE SHORT PLAT Report of May 5, 2009 Admi ... ,,trative Short Plat Report & Decision LUA09-042, SJ/PL-A Page 6 of8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are located on proposed Lot I and 3. The applicant is proposing to create easements and coventants related to the existing driveways that straddle proposed lot lines. Staff recommends, as a condition of approval, the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: The topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as part of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a mix of employment- based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. j) A vailabi/ity and Impact 011 Public Services (Timeliness) Police and Fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made to the site. Therefore a Fire Mitigation Fee will not be applied to the project. Storm Water: Currently runoff from the existing collects in an onsite stonnwater conveyance system that drains into existing on-site storrnwater facilities that include a pond near the site's south edge and various underground storm drain pipes. Detained storrnwater from the site discharges into an existing City stonn drain abutting East Valley Road. No changes to the existing stonnwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water: The site is served by the City of Renton Water and Sewer systems. There is a 16- inch water main within the existing roadway (East Valley Road.). There is an 8-inch sewer main within East Valley Road. No improvements to the water and sewer are necessary as there arc no changes to site proposed as part of the short plat. I. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: I. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EA V) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-A Report City of Renton Department o.fCom,. __ .t1ity & Economic Development STRADA DA VALLE SHORT PLAT Report of May 5, 2009 I J. CONCLUSIONS: Adm,,.,.\'trative Short Plat Report & Decision LUA09-042, SHPL-A Page 7 of8 I. The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. K. DECISION: The Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is approved subject to the following conditions: I. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: V C.E. Vincent, Planning Director TRANSMITTED this 5'" day of May, 2009 to the Owner/Applicant/Contact: Applica111/0w11er: Gary Merlino Strada da Valle LLC 9125 10'" Ave S Seattle, WA Contact: David L. Halinen Hal in en Law Offices, P .S. 1019 Regents Blvd Ste#202 Fircrest, WA 98466 TRANSMITTED this 5'" day of May, 2009 to the Part)' (ies) of Record: No Pai1ies of Record TRANSMITTED this 5'" day of May, 2009 to the following: Larry Meckling. Building Official Fire Marshal Neil Watts, Development Services Director SHPL-A Report Decision Date 1 City of Renton Department of Com. ty & Economic Development STRADA DA VALLE SHORT PLAT Report of May 5, 2009 Jennifer Henning, Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request for Reconsideration Adm ·ative Short Plat Report & Decision LUA09-042, SHPL-A Page 8 of8 The administrative land use decision will become final if the decision is not appealed within l 4days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision-maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall-7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. AD VIS ORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: No Comments Property Services: See attached. Fire: No Comments Plan Review -Sewer: No Comments Plan Review-Water: No Comments Plan Review -Surface Water: No Comments Plan Review -Streetffransportation: No Comments SHPL-A Report DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 23, 2009 Rocale Timmons Bob Mac Onie ~ Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon# 1160 is erroneously noted at both the N Y. corner of Section 30 and the S 1/. corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N 1/. corner of said Section 30. There is no horizontal control monument at said S Y. corner. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S V. corner of Section 30 is incorrect-the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N Y. corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. \H:\File Sys\LND. Land Subdivision & Surveying Rccords\LND-20 -Short Plats\0542\RV090423.doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING ST ALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet I of 4. Do note encroachments. The City of Renton Administrator. Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time ofrecording, need to sign the final short plat submittal. Include notary blocks as needed. Revise the title of the declaration block on Sheet I of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements. restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS. COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing. with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and al/future 1-1:\file Sys\LND -Land Suhdivision & Surveying Rccurds\LNU-20 -Short Plats\0542\R V090423.doc\msoffice April 23, 2009 Page 3 purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. Comments for the Project Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both granter and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. H:\Filc Sys\LND. Land Subdivision & Surveying Records\LND-20 -Short Plats\0542\RV090423.doc\msoffice ~ .-4 ~ ~ l(') ~ z ~ M IH ~ Q ~ ~ = SW341hSt IH IM CA ~ f l CA ZONING PW TECHNICAL SERVICES 07115/08 G3 -19 T23N RSE E 1/2 R-8 R·1 ~. ~E 13 -31 T23N RSE E 1/2 0 200 400 1--tJ I Feet 1:4,800 = ~ N IC ~ N ~ z ,:; Ul ~ ~ f ,.... < -i N [ R-8 ) N R· t 10 R-14 --- EXHIBIT 1 . ~ONING MAP BO K ~~ 607-. ~-. ' -608 I ·::... 6~ I,~ .... .::.~10 ;_632 • _. 833 J3--j4-.-_ ··.JS. -J6, J7 a ~mtE J2·: 1 T22N'R4E ... f<$ENTIAl QD (RC) Ro::oun:e eo-tv"'°" 8 (;l-1)-1 du/oc E) (R-4) R-4 duflJ(: (ID (R.a) R_.,.8dumc 8 T22NRSE '"" I (Rl.1H)RcsldenllalMa-- l1r-i-o { (R·10, Rc,fdarltial 10 dufac j 1t-14 j (R·14l RasldonUal 14 du.'ac 1-,1 r,<M-r) -tial Mu!ll.F,m!ly lit1t· TI (RM•T) ResldentiaJ MuttJ.Famlfo/ Tracfllonal jRM•U I (RJ.1.(.J) Residential Muttl-Fam!ly Urban Con::::r LI :I YOO 5 T22N R5E 4 rnN R5E ~ 3 T22N RSE 2 T22NR5E 1 T2 MIXED USE CENTERS [EJ (CV)Centarv.:JSIP 1 ... ~ (Uc.N1J.,_Ccnter·""""' I,<< (UC-N2} .,_Center·"""" 2 CT[] (CO)Ce-- COMV.ERCIAl. I = : (COR) Common:!:!l()ffesklonlial @: (CA) eommen:,sl Ar\l!ri:I @::: (CO)Commen:ia!Offlco @: (CN) Commen:ia1 N-- INDUSTRIAL @ (IL} lnduslrial • Ugh! CE] (IM) lndu$lri8I • Mod""' m (IH) Industrial • Hoavy --Rt:utan Cll,7 Uznill -Adjac~t CJt1 Limit.a PAGE PAGE# INDEX aa:,,,o,w"1,w«, ---I --ir---1-- :;i'i ~ ~ .. 1 --\ . ;~i...----- ~S! r-~I ;i. ie zl! Will~ ~~ ~:-:I ~ .,~ eLJ•owuHC IC IS;,! (1'1'.) z!' .,~ I -~ -~ TL :0~303-'----..J 9001 ----- --- -------SR ,67 ~p ~,~ .., 0 N ,- N Cl) el --------\ -~ -------r-----1----- ~ --- i,, '" .., "" * ~ LOT 3 :n g N ~S! i in ':r ~§ (7) ...J Cl) ~~ ~ "' i!~ ~; I AO# VIC -_( ...... ) s r ~ 495.93' ""·"' ""·"' ""·"' --- TJ'696 (C) --~--------- --'"'"". . ---~~~~-=--=------sir· S 0 1·,t·g_w -------------1l1095"(C) W[ST Uh( NW 1/•. EAST VAUJ:Y HWT ---------OAD 1/• S<CTION JO + ---=----~ .. T. EAST VALLEY R - ---~ _. __ ----~ -~ ' --------------- ----- ----~jN[ tn -------,-~.;-----F I ~--, ,~, ---:-. ~ Wz£lil2. TOTAL Nt£.A:. 243.427 so.n (~SMJ ACR£:S) STE ZCNNG:; COIAIOtOAL ARTDllAL (0) LOT 1 "--"" so.n 800 SQ.FT, '2,~SQ.FT. LDT 2 5&.508 so.n. 1.65J so.n. $,4,~sa.n LDT J 134,074 sa.n. M4 SO.FT. 1ll.-2.20 sa.n. PARKING STAU COUNT AN ALYSIS LOT I LOT 2 ElOSllHG US£ OF IIIAIIIHG omcc omcc ~~LOT CIIS'IWG HET fU)OR NttA 10..3.» SQ.TT. 15.720 SQ.fl, "'""""""' E>ml'G ~~? ElOST1HG ~'!..~ STAU. STAU. COIJNT MN M~ COUNT -MAX STANDARD ., H/A H/A •• H/A N/A COMPAC'I 0 0 ,. 21 0 l3 HAHOICAl>P£l> 1 2 •I• • • •I• TOTAL .. l1 .. ,. ., ,, • NCT l'LOOII ltlCA PltO".a:D IY TM( Pft(ftJITY C*NIJt LOT J omcc 27.723 SQJ"T, ElOSTl<G ~~~ STAU. COUHT -M~ ., N/A N/A 107 0 OJ • • N/A 172 SJ 12" • ? I I lilM!!!f: I ( Ill PDT ) ltnch -80 n.. 3: Vl OVERALL PLAT PLAN N 1- t-t al t-4 =~~~~~ONE le>.\ WNtrA.1,,1 F'Ac»rf YARD ,on • ...... W FREEWAY ,on. f'RONT.ta: SE'TBA(J( WHlilUW RENt YARD NON[ ....,UM SIDE YAA!J _, -...ore PER MIC 4-2-120A 1W£ MINIMUM ntoNT YARD SC'T8ACK "'A Y BE REDUCED TD O n. THROOOH THE SITE PL.AH OC\£!.OPMOn REVIEW PROCESS JIRO\IIDED 8LANK WAU.S ARE NOT LOCAltO 'MMH THE R£DOC(I) == SllE CAL.aJI.ATIONS P(JtC(HTAQE OF LOT coYUE> IY DISr.lG ~ NIIO SlMJC'TVftCS LO T 1 2"" LOT 2 -LOT 3 ,,. PA.~MEHT ANO l.AHOSC\PEO AREAS; LDT I PA\E:MCHT LANDSCAP£ LOT 1 22.000 sr 1&,400 Sf" LDT 2 27,900 S, 12.,et sr LOT J oa.ooo sr 29.MO 5F PROPERTY 0 1'.NER: STRADA OA VALI.E LLC 912:1--IOTH AVENUE SOUTH SEATTLE, WA 98108 LANO SIJRVEYOR: BUSH. ROED & HITCHINGS. INC. 2009 WINOR AIIENEUE EAST SEA TILE. WA 98102 ~ 811H -.,--------:-,-=,------8 USH. ROED & HITC HI NGS , INC. CIVIL ENGINEERS a, LANO SURVEYORS 200t WIHOA A'tOrl.J[ EAST ~~js~ (206) J2J-•1u fAX, 1(=tm:~ CEVELOPMENT P CITY OF REN ::c MAR 1 8: RECEIV >< w POR110N OF NORTH'RST QUARTER 01' THE NORTIIUST QU.IIITER OF SEC"r!ON 50, TOWNSHIP 23 NORTH. IWIGE & UST. W.11. STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD. RENTON. WA 98055 TAX LOT 302305-9103-09 DRAWN BY RHT DA TE : 03-03-09 I JOB II 2008105.00 CHECKED BY JGW SCALE 1" • ao· ( SHEET 1 Of 4 Renton City Limits Parcels Renton Aerial 200 0 Renton SCALE 1 : 2,940 200 400 600 FEET EXHIBIT 3 http://rentonn et.org/M apGuide/maps/Parce l .mwf N A Tuesday, April 28, 2009 8:29 AM CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non-Significance -Mitigated (DNS-Ml (ECF 053-087) Date of Addendum: Date of Original Issuance of SEPA Threshold Determination: Proponent: Application File: Project Name: Strada da Valle LLC ECF 053-087 and SA 058-087 Renton Campus May 4, 2009 September 14, 1987 Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single-story buildings of 10,000 square feet and.17,500 square feet as part of Phase I and an additional single-story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of sw· 27'h Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non-Significance -Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Terry Higashiyama, Administrator Community Services Department /~~, .. ro,' Fire & Emergency Ser..,.-· -... Ale Pietsch, Administrator Department of Community & Economic Development slo'-i I o q DATE os/01-/o'j • DATE DATE DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 23, 2009 Rocale Timmons Bob Mac Onie ~ Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon# 1160 is erroneously noted at bot/, the N Y., corner of Section 30 and the S Y., corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N Y., corner of said Section 30. There is no horizontal control monument at said S Y., comer. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S Y., corner of Section 30 is incorrect -the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N '!. corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. \H:\File Sys\LND. Land Subdivision & Surveying Records\LND·20 · Short Plats\0542\RV090423.doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE {CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet I of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time ofrecording, need to sign the final short plat submittal. Include notary blocks as needed. Revise the title of the declaration block on Sheet I of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS, COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future H:\File Sys\LND-Land Subdivision & Surveying Rccords\LND-20 -Short Plats\0542\RV090423.doc\msoffice April 23, 2009 Page 3 purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. Comments for the Project Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. !·!:\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plats\0542\RV090423.doc\msotlice City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Tm ... r-.. 1-l-,,,n . I APPLICATION NO: LUA09-042, SHPL-A APPLICANT: Strada da Valle LLC PROJECT TITLE: Strada da Valle Short Plat SITE AREA: 5.59 acres LOCATION: 2300/2400/2500 E Valley Road COMMENTS DUE: APRIL 10, 2009 DATE CIRCULATED: MARCH 27, 2009. .QITYOFAENT-· PLANNER: Rocale Timmons PLAN REVIEWER: Rick Moreno I ·· .( ··. '/ 1:;,;:J EXISTING BLDG AREA (aross): 54S{jJ' ' ... .. -PROPOSED BLDG AREA (aross) N/A I WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have review.ed this application with parti u/ar attention to those areas in which we have expertise and have identified areas of probable impact or areas where a · ·onal informati properly assess this proposal. Date' ~ 7 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Hon R@vteuJ APPLICATION NO: LUA09-042, SHPL-A APPLICANT: Strada da Valle LLC PROJECT TITLE: Strada da Valle Short Plat SITE AREA: 5.59 acres LOCATION: 2300/2400/2500 E Valley Road COMMENTS DUE: APRIL 10, 2009 DATE CIRCULATED: MARCH 27, 2009 PLANNER: Rocale Timmons -£."']..0 llf~io~ n ,._ PLAN REVIEWER: Rick Moreno • . M/.\K t, I I UUJ EXISTING BLDG AREA /nrossl: 54,813 sauare feet PROPOSED BLDG AREA /nross) Nfi3UILOING DIVISION I WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earlh Housina Air Aesthetics Water Liaht!G/are Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have rev· wed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whe additional infor ation is needed to properly assess this proposal. Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: J...-'o.rlc C:., COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA /nross): 54,813 square feet LOCATION: 2300/2400/2500 E Valley Road PROPOSED BLDG AREA /aross) N/A 1 ·WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mo,e Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts fmpacts Necessary Earth Housino Air Aesthetics Water Uaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ~,rW-l'tad... 41-ar Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: &, 11 -)1r llOAJ'. COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA (aross\: 54,813 snuare feet LOCATION: 2300/2400/2500 E Valley Road PROPOSED BLDG AREA lnross) N/A WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Lioht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy/ Hisroric!Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ;,laol oq DatJ I City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fi (t', COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA lnross\: 54,813 snuare feet LOCATION: 2300/2400/2500 E Vallev Road PROPOSED BLDG AREA lnross\ N/A I WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS ;1),!J We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is neede properly assess this proposal. Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: /l'R)n6irU..Wefl COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons RECEIVED PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno U, ,.J ••• '1 '/ilii-! SITE AREA: 5.59 acres EXISTING BLDG AREA (cross\: 54,813 sn .. are fppt • --·---_.,,. LOCATION: 2300/240012500 E Vallev Road PROPOSED BLDG AREA lnross\ NIA I WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non-Significance-Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Efement of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water U_oht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where dditional information is needed to properly assess this proposal. ~· / '. .., CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT· PLANNING DIVISION 'AFFIDAVIT OF SERVICE BY ,MAILING On the 27th day of March, 2009, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Strada da Valle LLC Owner/Applicant David Halinen Contact Surrounding Property Owners See Attached (Signature of Sender): , ~ /It~ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker Reoi'esentina signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Dated:3/?>o /o't • Notary (Print): My appointment expires: P.roject_Nariie_: · Strada da Valle Short Plat ,Project Number: LUA08-042, SHPL-A ...: . 302305910309 DA VALLE STRADA 9125 10TH AVE S SEATILE WA 98108 302305910101 OLYMPIC PIPELINE COMPANY C/0 BP AMERICA INC PO BOX 5015 BUENA PARK CA 90622 125380001508 FLAHERS LLC C/0 SOUND BUILDING SUPPLY PO BOX 329 RENTON WA 98057 334040000609 SHURGARD STORAGE CENTERS DEPT PT WA 08165 PO BOX 25025 GLENDALE CA 91201 302305909806 HAWK JIM JR 18330 SE LAKE HOLM RD AUBURN WA 98092 219310001009 THOMSON TAX & ACCOUNTING E PROPERTY TAX DIVISION PO BOX 4900 SCOTISDALE AZ 85261 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Developm ent (CED) -Planning Di v ision of th e City of Renton . The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Strada da Valle Short Plat/ LUA09-042, SHPL-A PROJECT DESCRIPTION : Th e applica nt is proposing to subdivide a n existin g parcel into 3 lots wh ich con tai ns an existing three build in g office development to be retained The proposed lots would range in size from 10 ,335 square feet up to 27,723 square feet; each of the lots would contain one of the three exi sting commercial buildings The subiect property 1s located on the east side of East Valley Road iust north of SW 27th Street. The proiect site to tals 5 59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existin g driveways along East Valley Road . An addendu m to the existing SEPA Determin ation of Non-S1gnificance-M 1t1gated , issued for the co nstru ction of the offi ce development (ECF-053-87). is also being requested in o rder to recognize the proposed lot lin es . PROJECT LOCATION : PUBLIC APPROVALS : 2300/2400/2500 East Valley Road Administrative Short P lat approval APPLICANT/PROJECT CONTACT PERSON · David Halinen. Halinen La w Offices. P.S .. Te l: (206) 44 3-4684 . Eml : davidhalinen@ ha linenlaw.com Comments on the above application must b e submitted in writing to Ro ca le Timmo ns, Associat e Plann er , Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on April 10, 2009. If you have questions abou t this proposal, or wish to be made a party of record and receive add11ional notification by mail, contact the Project Manager at (425) 430-7219 Anyone who subm its written comment s will automatically become a party of record and will be notifi ed of any decision on this project PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION : NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION : March 18 , 2009 March 27, 2009 March 27, 2009 If you would like to be made a pa rt y of record to receive further information on this proposed project. comple te this form a nd return to· City of Renton , CED, Planning Di vision. 1055 South Grady Way. Ren ton . WA 98057 . File Name / No · Strada da Valle Short Plat / LU A09-042 , SHPL-A NAME : ------------------------------------- MAILING ADDRESS ------------------------------- TELEP HON E NO : --------------- ··~y . f~.~~ CITY OF RENTON . . . . - ~~<"; Denis Law, Mayor Nrf March 27, 2009 · · David Halinen Halinen Law Offices, P.S. 1019 Regents Blvd #202 Fircrest, WA 98466 ·Subject:. . Notice o(Complete Application .. . . JJepartmerit of <;ommunity and · . . • Ecqnom1c Development Alex Pietsch, Administrator Strada da Valle Short Plat, LUA09~042,CSHPL-A . . •,, ' . . ' . Dear Mr. Halinen: . The Plarniing Division of the City of Renton has d~termin~d that the subject application is complete according to subrnittal requirements a~d, therefore, is accepted for review. . '· . . .. ' ·,, ... · . . Yciu will be notified if any ~dditionalinformatioh is required to continue processing your : application. · · · Please contact rne at (425) 43Q-72 i9if y~t h'ave aiiy questions. . . . ' . . . . . Sincerely, .. s-· ··~·.·.··~··.·~· .. . . . ' . · . Ro le Timmons . · · · •.. .·. . . · A sociate Planner · · . · · . cc• Strada da Valle LLC / Owner(s) · -,---,---~-l-05.,...5-S-o-ut-h-G-ra-dy-W-ay~-~R~e-·nt-on-.,-W-as-h-.in_gt_o_n.,...9-8-0.5-7----~-· ·. ~-. ~ .·. AHiAo'o'F T-HE CURvE .· \V Thispa~contair1SSO%~rriatElrial,3~~tconsumer City of Renton Dcv~~r.t~Nrp OF ReNr'f,~N/1.;G LAND USE PERMIT MAR1 82009 MASTER APPLICATIONREcE1v1:o PROPERTY OWNER(S) PROJECT INFORMATION NAME: Strada da Valle LLC PROJECT OR DEVELOPMENT NAME: Strada da Valle Short Plat ADDRESS: c/o Gary Merlino, Manager 9125 10th Avenue S. PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 2400 East Valley Road CITY: Seattle, WA ZIP: 98108 Renton, WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER($): TELEPHONE NUMBER: (206) 762-9125 302305-9103-09 APPLICANT (if other than owner) EXISTING LAND USE(S): General Office NAME: Same as above PROPOSED LAND USE(S): General office, medical and dental office and government offices as COMPANY (if applicable): defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY: ZIP: Employment Area Valley (EAV) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION TELEPHONE NUMBER (if applicable): No change CONTACT PERSON EXISTING ZONING: Commercial Arterial (CA) NAME: David L. Halinen PROPOSED ZONING (if applicable): No change SITE AREA (in square feet): 243,427 SF +/- COMPANY (if applicable): Halinen Law Offices, P.S. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 0 ADDRESS: 1019 Regents Blvd, Suite 202 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,307 SF of Joint Use Drivewav Easements CITY: Fircrest, WA ZIP: 98466 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NA TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable): 3 (206) 443-4684 davidhalinen@halinenlaw.com NUMBER OF NEW DWELLING UNITS (if applicable): NA - I -08107 PR ECT INFORMATION (contil '1d) -~-------------, NUMBER OF EXISTING DWELLING UNITS (if applicable): NA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 54,813 sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): 53,778 sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if appiicable): NA (not a new project) PROJECT VALUE: N/A (The site is already developed.) IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): Yes. The entire site lies within a seismic (geologic) hazard area. 1:1 AQUIFER PROTECTION AREA ONE 1:1 AQUIFER PROTECTION AREA TWO 1:1 FLOOD HAZARD AREA sq. ft. ~ GEOLOGIC HAZARD 243,427 sq. ft. 1:1 HABITAT CONSERVATION sq. ft. 1:1 SHORELINE STREAMS AND LAKES sq. ft. 1:1 WETLANDS sq. ft. --LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN A PORTION OF THE NE 1/4 QUARTER OF SECTION 30, TOWNSHIP 23N, RANGE SE, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Short Plat 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP SEE ATTACHED "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 authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that~~---~--~- signed this instrument and acknowledged it to be his/her/their free and voluntary act for the (Signature of Owner/Representative) uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington (Signature of Owner/Representative) Notary (Print) ____________ _ My appointment expires: _________ _ - 2 -08/07 LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. - 3 -08/07 AFFIDAVIT OF OWNERSHIP I, GARY M. MERLINO, hereby declare that: (1) I am a manager of STRADA DA VALLE LLC, a Washington limited liability company, the limited liability company that is the current owner of the following described property (the "Property"): THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. (2) The Property is the property that is involved in the proposed Strada da Valle Short Plat application; and (3) The foregoing statements and answers contained in the accompanying City of Renton Land Use Permit Master Application for the proposed Strada da Valle Short Plat are in all respects true and correct to the best of mylmowkdgo and belief.~ ,S) ' .) GARY . MERLINO STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of STRADA DA VALLE LLC, a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. DA TED this~ day of March, 20 ( (sign name f notary public) J)gv,c/ ~. f4.-{,\,,.e0 (print or type name of notary public) NOTARY PUBLIC in and for the State of Washington, residing at ~c:..o.....,,, My Commission expires: '3 -i o -2ou - 4 -08107 ,' ( PLANNING DIVISION · -WAIVER OF SUBMITTAL REQUIREMENTS \l:;~,;1 7 /~ r-r:-c'"' fl FOR LAND USE APPLICATIONS \:_ _;/ J J posc;(J).I . 1;tC, c V ,7,uJ. ~ 1•voi,;r, . , cirainage Report 2 Existing Easements (Recorded Copy), fltioil:H~.aidtiat«;,•······························ Floor Plans , AND, ~aqtechn11:alJfopoH:~•~p;~jjjj, :: nl:rn::::: ::•: Grading Plan, Conceptual , Habitat Data Report 4 Irrigation Plan 4 IKi@'<-~fy/•sMslio(ss•Mapi'IM11i:ilt11~g•&te:.•••'••••••••• Landscape Plan, Conceptual, •ti:1nctaqap~.eiai'i,,Pi;t,,11go•~-•-•-,-,.,; ••-·-+ .,1.··, Legal Descripiion , Mailing Labels for Property Owners , ~eighborhood Detail Map 4 -his requirement may be waived by: . Property Services Section :. Public Works Plan Review Section . Building Section . Planning Section PROJECT NAME: U~Dl'J fl4-VA UG .Jrfef<.TPL/ri DATE: _ _,,,,3~/-=2=--.,__7-1--l-=-o."'-~-- l'!\" pvJ'!l'llt<G u~\lc~'t,¥ Rc!'!TOl'I Q:\WEB\PW\DEVSERV\Forms\Planning\wafverofsubmittalreqs.xls \,\t,.R \ g 1009 RECE\\IEO a21oa (. PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Parking, Lot Coverage & Landscaping Analysis , 'I· Utilities Plan, Generalized 2 . Mi!~i1~~~~•M1t11M1~rinmti;ifrn~1+r••••••i•• Wetlands Mitigation Plan, Preliminary 4 ~· wei1ands•Riiiiortio1airriaatioo,i¥ ;.;.,,,;, ; Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 ,No 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND , Photosimulations zANo, This requirement may be waived by: 1. Property Services Section PROJECT NAM& P7ffl;!J,4 l¥J VAiL!; '-ritw7Pld-7 2. Public Works Plan Review Section 3. Building Section 4. Planning Section DATE: , ::;:a~/.ocr Q:\WEB\PW\DEVSERV\Forms\Plannlng\walverofsubmfttalreqs.xls 02/08 2300 EAST VALLEY RD CITY OF RENTON Department of Community and Economic Development Current Planning Division PREOB-030 March 27, 2008 Contact Information: Planner Rocale Timmons Phone: 425.430.7219 Public Works Reviewer Rick Moreno Phone: 425.430.7278 Fire Prevention Reviewer: Dave Pargas Phone: 425.430. 7023 Building Department Reviewer: Craig Burne! Phone: 425.430. 7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of rt to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Development Services Director, Department of Community Economic Development Administrator, Public Works Administrator and City Council). OE\lf:lCJl-'McN I S CITY OF RE:Nf~CES MAR 1 7 )1108 MEMORANDUM REce,veo DATE: I ' TO: Construction Services, Economic Development, Fire Prevention, Plan Review, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: c/trMCA. ])A VtLlle d"ntrrf 'j)lovl- LOCATION: -"'E=--~-o___,_, ~.2-_,¥!c...:::tJ'-Cl__,_, ____,.&Si:c...V.::...,~~--"&~a=st:.......,...Ya=l'-'-/o/=-___,./?i=o=tA.::c..0,___ __ _ PREAPP NO. __ ---1.P_,t«_:'b/:.....u:(!;Cl.,rJ'----_!,{/"-.JD~Oc__ _______ _ A meeting with the applicant has been scheduled for . fharc/J :J::/-, Thursday, at ~AM DPM, in one of the 5th floor conference rooms. If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11 :00 AM to allow time to prepare for the 11 :00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. Plan Reviewer assigned is R.1i0k M_ ,j C7M'yu_,, Q -· l r· 17 I .,-. y/1,~ (I\ 7 Please submit your written comments to rOC.-0 "C, J J W\. (Planner) at least two (2) days before the meeting. Thank you. DATE: .3/ 15 J TO: Construction Services, Economic Development. Fire Prevention, Plan Review, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: c}lrCfd,::;,. ])A Vl<-lk J'/).rrf 'j)fovf- LOCATION: ;23oa , 2-t/t}Cl, 2000 &as!-//all.e.y Rot:ig PREAPP NO. 'h<GtJfJ -()30 A meeting with the applicant has been scheduled for fhCl/ch f/4 , Thursday, at~AM DPM, in one of the 5th floor conference rooms. If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11 :00 AM to allow time to prepare for the 11 :00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. Plan Reviewer assigned is ~JUU ~ ,/ (!Mrrw O -L r t? I 'fj· vt,,O (/\,7 Please submit your written comments to rOC...O -C, l IN\ (Planner) at least two (2) days before the meeting. Thank you. ~ ~1 f. ) tJ.ef ;o.,rJ I k vt__ C.. "j c,,-,,., cu.,..r~ ~/'.r ~tt-OJ~e...,_./.. e, .... ~ ot.~ ·3/12/J~ H:\Division.s\Develop.ser\Dev & Plan.ing\Template\Preapp2 Revised 1-05 DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM March 20, 2008 Rocale Timmons, Planner Rick Moreno, Plan Reviewer Utility and Transportation Comments for Stada Da Valley S.P. Pre 08-030 Address: 2300-2500 East Valley Road NOTE: The applicant is cautioned that information contained in this summary is preliminary and non-binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. We have completed a preliminary review for the above-referenced development proposal. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. · WATER 1. The site is currently served by Renton water. There is an existing 10-inch looped system around Building C, and buildings A and B are serviced from a 12-inch main along East Valley Road. 2. The project site is located in the 196 Water Pressure Zone. 3. Fire flow availability to the site is approximately 4,500 gpm from the existing 12-inch main that bisects the site with the 10-inch looped system. 4. The static water pressure is approximately 79 psi. TRANSPORTATION ~l. >-2. Fully improved roadways with curb, gutter, sidewalk and street lighting have b:A. previously been constructed along East Valley Road. The proposed lot line(s) straddle driveway ingress/egress approaches. As such, a joint use access easement(s) are required in the language of the short plat. SANITARY SEWER ~ 1. There is an existing 8-inch and 6-inch sewer main bisecting the site (S-1041). h:\division.sldevelop.serlplan.revlrick\2008 preappslstrada da valle short plat.doc Addressee Name Page 2 of2 Date of Memo Here SURFACE WATER ) 1. The site is located in the Valley sub basin. 2. The existing development utilizes a drainage detention pond located on the proposed lot 3. Some provision (such as a boundary adjustment, easement or creating a separate Tract) for the existing developments use of this facility must be provided and recorded prior to the sub division. GENERAL COMMENTS 1. If you have any questions please call me at (425) 430-7278. h:\division.sldevelop.serlplan.revlrick\2008 preappslstrada da valle short plat.doc DATE: TO: FROM: SUBJECT: General CITY OF RENTON Department of Community & Economic Development MEMORANDUM March 27, 2008 Pre-Application File No. PRE 08-030 Rocale Timmons, Associate Planner (425) 430-7219 Strada Da Valle Short Plat-2300, 2400, 2500 East Valley Road We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Zoning Administrator, Development Services Director, Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on the City's website www.rentonwa.gov Project Proposal The subject property is located on the east side of East Valley Road just north of SW 27'" Street. The project site totals 5.61 acres in area and is zoned Commercial Arterial (CA). The proposal is to subdivide the existing parcel into 3 Jots. An existing three building office development is located on site and is planned to be retained. 'The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the three Jots would contain one of the existing commercial buildings. Access for the proposed Jots would be provided via existing driveways along East Valley Road. Wetlands are located along the eastern portion of the site. Current Use: The property currently has three commercial office buildings, of which all will remain. Zoning: The subject site is within the Commercial Arterial (CA) zoning designation on the City's Zoning Map. The site is also located within the Employment Area Valley overlay. (.u,e',..e_ Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Fi',-,Q,., Commercial Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). A copy of these standards is included herewith. {Note: The only development standards that apply for a short plat are the lot dimensions and setbacks for existing buildings. Other standards are addressed herein for informational purposes only. The applicant should ensure that future development can comply with parking and signage regulations. These standards are subject to change and should be verified prior to initiating development design.] Minimum Lot Size. Width and Depth-There are no minimum requirements for Jot size, lot width or depth within the CA zone at this location. Setbacks -Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: IO feet for a front yard; the site is Strada Da Valle Short Plat March 27, 2008 Page 2 of3 surrounded by commercial and industrial zoned properties thus no rear or interior side yard setbacks would be required. The project appears to comply with setback requirements. Gross Floor Area -Any single commercial or office use on a site is permitted 65,000 gross square feet. For office buildings, the gross square footage shall not exceed 50% of the gross square footage of the site. The project appears to comply with these requirements. Building Height -Maximum building height in the CA zone is 50 feet. Refuse and Recycling Areas -Refuse and recycling areas need to meet the requirements ofRMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). I.andsc.wi.D.g-Except for critical areas. all portions of the development area not covered by structures. required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. Please refer to landscape regulations (RMC 4-4-070) for further general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-J 20D.J 2, shall be submitted at the time of building permit application or application for Site Plan Review. Fences-If the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. y Parking -The number of parking spaces for general office uses within the Commercial Arterial zone is ~limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. The number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non-conformity no variance or modification approval would be required. Shared parking agreeme11ts may be required to demonstrate that adequate parking is available for each use. Access -Driveway widths are limited by the driveway standards, in RMC 4-4080I. The existing driveways on site are proposed to straddle lot lines, access easements would be necessary for ingress and egress of the site if short platted. Signage -Only one freestanding business sign (pole, monument/ground, projecting or roof) is permitted per street frontage. Each sign shall not exceed an area greater than one and one-half square feet for each lineal foot of property frontage that is occupied by the business. In no case shall the sign exceed a total of300 square feet (150 square feet per face). In addition to the permitted freestanding sign, wall signs with a copy area not exceeding 20% of the fa9ade to which it is applied is also permitted. The sign permit(s) will need to clearly identify square footages of the wall face and the sign to which it is applied, in order to determine compliance. Critical Areas Critical areas have been identified on the subject property. A wetland report delineating and classijj,illg the wetland 011 site is required to be submitted with the formal land use application. In additio11, as there are 110 proposed impacts to the wetland, a mitigation plan wil/ 11ot be required to be submitted. City staff may require secondary review of the wetland report, at the expense of the applicant. Enclosed is a list of City- approved biologists for seco11da,y review. If seco11dary review is required, the applicant may choose from this list of biologists. Strada Da Valle Short Plat March 27, 2008 Page 3 of3 Environmental Review The proposed project would be subject to Washingto11 State Environme11tal Policy Act (SEPA) review due the presence of critical areas. Therefore, an environmental checklist is a submittal requirement. An environmental determination will be made by the Renton Environmental Review Committee. This determination is subject to appeal by either the project proponent, by a citizen of the community, or another entity having standing for an appeal. Permit Requirements The proposal would require Administrative Short Plat and Environmental (SEPA) Review. The Short Plat and Environmental Review would be reviewed concurrently within an estimated time frame of 10 to 12 weeks for preliminary approval. The fee for the short plat would be $1,000 with Y, off subsequent applications. The fee for the Environmental Review is based on project value: less than $100,000 is $200 (1/2 of$400.00 full fee) and project value over $100,000 is a $500.00 fee (1/2 of$1000.00 full fee). Detailed information regarding the land use application submittal is provided in the attached handouts. Once preliminary approval is received, the applicant must satisfy any conditions of the preliminary approval before the short plat can be recorded. A separate (no-fee) submittal is required for the final short plat. The newly created lots may be sold only after the plat has been recorded. Expiration: Upon preliminary short plat approval, the preliminary short plat approval is valid for two years with a possible one-year extension. cc: Jennifer Henning PROJECT NARRATIVE for the Proposed Strada da Valle Short Plat Project Name, Size and Location of Site: Land Use Permits Required: Current Zoning: The Strada da Valle Short Plat is proposed on an approximately 5.59-acre site located at 2400 East Valley Road in Renton, west of and abutting the Valley Freeway (SR 167). Short Plat Approval The site as well as the abutting properties to the south and north of the site are zoned Commercial Arterial (CA). The property to the west across East Valley Road is zoned Light Industrial (IL). Current Use of Site: The site is already developed with three one-story office-type buildings and associated outdoor parking lots, driveways, mature landscaping, stormwater conveyance and detention systems (including both a surface pond and underground pipes and appurtenances), and underground utilities, all of which were completed in 1991. Special Site Features: Soil Type and Drainage Conditions: The Site's Existing The site is long and relatively narrow from south to north and is trapezoidal in shape. The site's existing parking lots and driveways are all concrete paved, providing a lighter color, more attractive appearance than typical asphalt paved parking lots and driveways. Very substantial, mature landscaping exists on the site. A stormwater detention pond that serves the site lies along the site's south edge. This item of the City requirements list for a project narrative for short plats is not applicable because the site is already fully developed. and Proposed Use: The site's historic use is general office. The site's proposed uses are general office, medical and dental office and DLH 3-2-08 Page 1 of 3 Proposed Lots: Access: Proposed Off-Site Improvements: Construction Cost/ government offices as defined in the City's Development Regulations in effect on the date of the short plat application. Three lots are proposed, one for each of the three existing buildings lying upon the site. Proposed Lot 1 (on which is located the building with an address of 2300 East Valley Road) would encompass 1.2132 acres. Proposed Lot 2 (on which is located the building with an address of 2400 East Valley Road) would encompass 1.2973 acres. Proposed Lot 3 (on which is located the building with an address of 2500 East Valley Road) would encompass 3.0779 acres. Four existing driveways connecting the site to East Valley Road serve the existing development. The northerlymost driveway connection lies near the north end of proposed Lot 1. The next driveway to the south straddles the proposed common lot line between proposed Lot 1 and proposed Lot 2. The next driveway to the south straddles the proposed common lot line between proposed Lot 2 and proposed Lot 3. The southerlymost driveway connection lies near the south end of proposed Lot 3. Proposed easements and covenants relating to both (a) the existing driveway that straddles the proposed common lot line between proposed Lot 1 and proposed Lot 2 and (b) the existing driveway that straddles the proposed common lot line between proposed Lot 2 and proposed Lot 3 are set forth in the proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" that accompanies the short plat application. Because the site is already fully developed, no off-site improvements are proposed in conjunction with the proposed short plat. Fair Market Value: Not applicable because no construction is proposed in conjunction with the proposed short plat. Fill or Excavation Proposed: DLH 3-2-08 Because the site is already fully developed, no fill or excavation is planned as part of this proposed short plat. Page 2 of 3 Trees to be Removed: Land to be dedicated to the City: Job Shacks, Sales Trailers, and/or Model Homes Proposed Modifications being No trees are planned to be removed as part of this proposed short plat. No land is intended to be dedicated to the City as part of this short plat. No job shacks, sales trailers, and/or model homes are proposed as part of this short plat. Requested: No modifications are being requested in conjunction with the proposed short plat. Distance from Stream or Wetland to Nearest Area of Work: An existing Drainage Easement that crosses the north 57.56 feet of the site was recorded in favor of the City of Renton under King County Recording No. 9107080927. An existing drainage ditch draining from east to west lies within that easement. Wetlands are believed to lie within and along the existing freeway right-of-way ditch in the SR 167 freeway right-of-way that abuts the site's east edge. Because the site is already fully developed and only a short plat is being proposed, no development work is proposed as part of this short plat. Y:lcfl248810071Project Narrative F1 (3-2-09).doc DLH 3-2-08 Page 3 of 3 '· f4~~~.~-.~~~--~~..,s -E~w~A~Rf--rT-L~e--=-::;;;<ar--_._1 ~ GUARANTY COMPANY 01o,11=-8?~0""~"'· ,i I~ Ll l P \ 'l, 1~~\l ~ ~ Subdivision Guarantee "'"" ~ . I~ ~~c~\\l~o ~, ' ~ ~ ~ Guarantee No.: SG-2631-12319 Fee: $350.00 r.l i ~ ~ I ~ I ~ Effective Date: February 24, 2009 at 8:00 AM Order Number: 208168361 ~I ~ J I ' ~ ~ The County of KING and any City within which said subdivision is located in a sum not exceeding $1,000.00 ~ I ~ That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title J ' ~ ~ i ~ to the land included within the exterior boundary of said Subdivision Guarantee, the only parties having any record title interest ~ I ~ in said land whose signatures arc necessary, under the requirements of the Subdivision Map Act, on the certificates consenting ~~ I 1~ to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication JI i ~ as shown in Subdivision Guarantee. ijl ~ ~ ~ ij '1~~ ~ ri ~ I~ ~ '1 I t ~ ri ~ Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. ~ I r ~ 11 cz;cJ) c_~ 44.A ! i ~I~· ~-·'1 ~ Authorized Countersignature ~ Stewat1 Title Seattle t• ~I ~II ~ Coinpany ; I~ ~~~T:i~: Washin~on ~/A ~ 1 11,~ ~~--~ ~ President ~ ! I ~ ·~ I 111 1 Guarantee Serial No. SG-2631-12319 ~.I ' ~ ~ ! M1~ ' ~ In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. rt i ~ ij J I ~ ~l ~ ~ ! ~ i' i l~ ..... ==--....... _ ....... _ ....... _ ....... _ ...... _ ....... _ ....... _""'...,..._ ..... _...,,c,r.=l"'~-....... -...... _""J=.-~~-..... -..... _ ....... d ... '-...... _ ................ _ ....... _ ....... ~_ ..... _ ....... _......_~-....... Jl SUBDIVISION GUARANTEE Guarantee No.: SG-2631-12319 Order Number: 208168361 Subdivision Guarantee: Sales Tax: Effective Date: February 24, 2009 at 8:00 AM Total: $350.00 $31.50 $ 381.50 OWNERS: STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY SUCCESSOR BY MERGER TO STRADA DA VALLE, A WASHINGTON GENERAL PARTNERSHIP LEGAL DESCRIPTION: See Attached Exhibit A SUBJECT TO: 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 5r. YEAR: 2009 AMOUNT BILLED: $77,589.93 AMOUNT PAID: $ 0.00 AMOUNT DUE: $77,589.93, PLUS INTEREST AND PENALTY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: IF DELINQUENT 2100 302305-9103-09 $2,937,600.00 $4,844,200.00 NOTE: TAXES AND CHARGES FOR 2008 WERE PAID IN FULL IN THE AMOUNT OF $71,389.22. 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: STRADA DA VALLE, LLC, A WASHINGTON LIMITED TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.: LIABILITY COMPANY NORTHPOINT ESCROW AND TITLE, LLC U.S. BANK NATIONAL ASSOCIATION $3,500,000.00 APRIL 23, 2008 MAY 1, 2008 20080501000406 3. RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 18, 1962 RECORDING NO.: 5376810 IN FAVOR OF: THE STATE OF WASHINGTON Guarantee Na: SG-2631-12319 SUBDIVISION GUARANTEE 4. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 6, 1975 RECORDING NO.: 7508060393 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 5. TERMS AND CONDITIONS OF TEMPORARY WATER SERVICE AGREEMENT RECORDED: JUNE 25, 1979 RECORDING NO.: 7906250761 6. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STRADA DA VALLE. A WASHINGTON GENERAL AND: RECORDED: RECORDING NUMBER: PARTNERSHIP CITY OF RENTON SEPTEMBER 19, 1990 9009190703 7. TERMS AND CONDITIONS OF SEWER GRADE RELEASE RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9009190704 8. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. Guarantee No: SG-2631-12319 SUBDIVISION GUARANTEE 10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080927 IN FAVOR OF: CITY OF RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080928 IN FAVOR OF: CITY OF RENTON FOR: PUBLIC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 12. TERMS AND CONDITIONS OF RESTRICTIVE COVENANT REGARDING LID PARTICIPATION RECORDED: RECORDING NO.: Guarantee No: SG-2631-12319 APRIL 21, 1994 9404210637 SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. :rj Guarantee No: SG-2631-12319 File Number: 208168361 SUBDIVISION GUARANTEE Exhibit A LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. SAND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. Guarantee No: SG-2631-12319 PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: crry opr;fJt;,.~~·w,;;a MAR 1 B 2009 RECEIVED The State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FORNONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. Y:lct\24881007\SEPA\Env. Checklist 02.doc -1 -02/08 A. BACKGROUND 1. Name of proposed project, if applicable: Strada da Valle Short Plat 2. Name of applicant: Strada da Valle LLC 3. Address and phone number of applicant and contact person: Address and phone number of applicant: 9125 10th Avenue S. Seattle, WA 98108 (206) 762-9125 Name. address and phone number of contact person: David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466 (206) 443-4684 4. Date checklist prepared: March 2, 2009 5. Agency requesting checklist: City of Renton Planning Division 6. Proposed timing or schedule (including phasing, if applicable): The subject site has already been developed with three office buildings and is in use. No new development is currently proposed. · Only a three-lot short plat of the site is being · proposed (with one existing office building to lie on each of the proposed lots). 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No plans exist for immediate additions or expansion. However, although the site's historic use has been general office, the applicant intends to use the existing buildings for general office and/or medical and dental office and/or government offices as defined in the City's Development Regulations in effect on the date of the short plat appllcatlon. The applicant proposes that if, ultimately, one or more additions to or expansions of the development are ultimately to be constructed, the application(s) for such will be in accordance with the City's Development Regulations in effect on the date of the subject short plat application. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. An environmental checklist regarding office development originally proposed for the site was prepared on April 20, 1987 and submitted to the City by the owner's then agent Lance Mueller & Associates in conjunction with an application for site plan review and approval. Y:lcl\24881007\SEPA\Env. Checklist D2.doc -2-02/08 On September 9, 1987, a Determination of Non-Significance (Mitigated) was issued by the Renton Environmental Review Committee bearing an effective date of September 18, 1987. Following submittal to the Committee of a request for reconsideration by the applicant's attorney David L. Halinen on September 14, 1987, a (revised) Finalized Mitigation Measures page was issued by the Committee bearing an effective date of October 2, 1987. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Short plat approval. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposal is to short subdivide an existing three-building commercial office development located on an approximately 5.59-acre site into three lots, with one of the buildings on each of the lots. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The legal description of the site is as follows: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. The site address for purposes of the short plat appllcation is 2400 East Valley Road, Renton, WA 98057. (The three existing office buildings on the site have addresses of 2300, 2400 and 2500 East Valley Road.) The site lies west of and abuts the Valley Freeway (SR 167). 8. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other _____ _ b. What is the steepest slope on the site (approximate percent slope?) Around 2 percent. Y:lcf\24881007\SEPA\Env. Checklist 02.doc -3-02/08 c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. NIA (The site is already developed and in use.) d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not to our knowledge. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. None. (The site is already developed and only a short subdivision is being proposed.) f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. (The site is already developed.) g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? NIA (The site is already developed.) h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: NI A (The site is already developed.) 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. NIA (The site is already developed and the proposed short subdivision would not change emissions.) b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. NI A (The site is already developed.) c. Proposed measures to reduce or control emissions or other impacts to air, if any: NIA (The site is already developed.) 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Y:\ct\24881007\SEPA\Env. Checklist D2.doc -4 -02/08 An existing drainage ditch crosses the north tip of the site within a drainage easement granted to the City of Renton recorded under King County Recording No. 9107080927. Wetlands are believed to lie within and along the existing freeway right-of-way ditch in the SR 167 freeway right-of-way that abuts the site's east edge. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. (The site is already developed and only a short subdivision Is proposed.) 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. (The site is already developed and only a short subdivision is proposed.) 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. None. (The site is already developed and only a short subdivision is proposed.) 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. Runoff from the existing development collects in an onsite storm water conveyance system that drains into existing on-site stormwater facilities that include a pond near the site's south edge and various underground storm drain Y:lcf\24881007\SEPA\Env. Checklist 02.doc -5-02108 pipes and appurtenances . Detained stormwater from the site discharges into an existing City of Renton storm drain lying beneath abutting East Valley Road. No changes to the existing storm water conveyance or detention systems are proposed in conjunction with the proposed short plat. 2) Could waste material enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: NIA (The site is already developed and has existing stormwater conveyance and detention systems.) · 4. PLANTS a. Check or circle types of vegetation found on the site: _x_ deciduous tree: alder, maple, aspen, other (numerous trees installed as part of the existing development's landscaping/ _X_ evergreen tree: fir, cedar, pine, other (numerous trees installed as part of the existing development's landscaping/ _X_ shrubs (numerous shrubs installed as part of the existing development's landscaping/ _X_ grass (areas of lawn installed as part of the existing development's landscaping/ _ pasture _ crop or grain _ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other _ water plants: water lily, eel grass, milfoil, other _ other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: NIA (The site is already developed and has extensive mature landscaping.) 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other --------- Mammals: deer, bear, elk, beaver, other _________ _ Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site. Y:\cf\24881007\SEPA\Env. Checklist D2.doc -6-02/08 None. c. Is the site part of a migration route? If so, explain Pacific Flyway. d. Proposed measures to preserve or enhance wildlife, if any: NIA (The site is already developed.) 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. NI A (The site is already developed.) b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. NI A (The site is already developed and the proposed short subdivision will not affect the potential use of solar energy by adjacent properties.) c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: NIA (The site is already developed.) 7. ENVIRONMENTAL HEAL TH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. NIA (The site is already developed and the short plat will not have any effect.) 1) Describe special emergency services that might be required. NIA (The site is already developed and the short plat will not have any effect.) 2) Proposed measures to reduce or control environmental health hazards, if any: NIA (The site is already developed.) b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? NI A (The site is already developed.) 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Y:\cf\24881007\SEPA\Env. Checklist 02.doc - 7 -02/08 NIA (The site is already developed.) 3) Proposed measures to reduce or control noise impacts, if any: NIA (The site is already developed.) 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is already developed with three existing one-story office-type buildings and associated outdoor parking lots, driveways, landscaping, stormwater conveyance and detention systems (Including both a surface pond and underground pipes and appurtenances), and underground utilities, all of which were completed in 1991. The property to the north is vacant land. The Valley Freeway (SR 167) abuts the site's east side. An existing business/development called the Lumber Market lies on the parcel immediately to the south of the subject site. To the west across East Valley Road is an industrial warehouse facility called the Valley Distribution Center. b. Has the site been used for agriculture? If so, describe. NI A (The site is already developed.) c. Describe any structures on the site. Three one-story office buildings exist in a row on the site. d. Will any structures be demolished? If so, what? NIA (The site is already developed and only a short subdivision is being proposed.) e. What is the current zoning classification of the site? The site is currently zoned Commercial Arterial (CA). f. What is the current comprehensive plan designation of the site? Employment Area Valley (EA V) g. If applicable, what is the current shoreline master program designation of the site? NIA h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes. The entire site lies within a seismic (geologic) hazard area. i. Approximately how many people would reside or work in the completed project? NIA (The site is already developed and in use.) j. Approximately how many people would the completed project displace? Y:lcf\24881007\SEPA\Env. Checklist D2.doc -8-02/08 NIA (The site is already developed and in use.) k. Proposed measures to avoid or reduce displacement impacts, if any: NI A (The site is already developed and in use.) I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: NIA (The site is already developed and in use.) 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NIA (The site is already developed and no housing exists on the site.) b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. NIA (The site is already developed and no housing exists on the site.) c. Proposed measures to reduce or control housing impacts, if any: NI A (The site is already developed.) 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. NIA (The site is already developed.) b. What views in the immediate vicinity would be altered or obstructed? NIA (The site is already developed.) c. Proposed measures to reduce or control aesthetic impacts, if any: NI A (The site is already developed.) 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NIA (The site is already developed.) b. Could light or glare from the finished project be a safety hazard or interfere with views? NI A (The site is already developed.) c. What existing off-site sources of light or glare may affect your proposal? Y:\cf\2488\007\SEPA\Env. Checklist D2.doc -9-02108 NIA (The site is already developed.) d. Proposed measures to reduce or control light and glare impacts, if any: NIA (The site is already developed.) 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The Interurban Trail lies in the vicinity of the subject site. b. Would the proposed project displace any existing recreational uses? If so, describe. No. (The site is already developed.) c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: NI A (The site is already developed.) 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. NIA c. Proposed measures to reduce or control impacts, if any: NI A (The site is already developed.) 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. East Valley Road, which abuts the site's west edge, provides existing access to the site. The Valley Freeway (SR 167) abuts the site's east edge. The Valley Freeway on-ramps and off-ramps nearest to the site are at SW 41., Street and SW 43"1 Street to the south of the site. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is not directly served by public transit. The nearest public transit stop is the King County Metro bus stop located at Lind Ave SW and SW 21st St about 0.33 walking miles from the site. c. How many parking spaces would the completed project have? How many would the project eliminate? Y:lcf\24881007\SEPA\Env. Checklist D2.doc -10 -02/08 On a lot-by-lot basis, the existing development has the following numbers of existing parking stalls within each of the three proposed Jots: Number of Standard Parking Stalls Number of Compact Parking Stalls Number of Handicapped Parking Stalls Total Number of Parking Stalls on each proposed lot Proposed Lot 1 47 a 1 48 Proposed Lot 2 42 29 5 76 Proposed lot3 61 107 4 172 No parking stalls are proposed to be eliminated in conjunction with the short plat. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. (The site is already developed.) e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. NI A (The site is already developed and in use.) g. Proposed measures to reduce or control transportation impacts, if any: NIA (The site is already developed and in use.) 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. (The site is already developed.) b. Proposed measures to reduce or control direct impacts on public services, if any. NIA (The site is already developed and in use.) Y:lcf\24881007\SEPA\Env. Checklist D2.doc -11 -02/08 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. NIA (The site is already developed and in use.) C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my art. Proponent: Q~ Name Printed: David L. Halinen Date: March 2, 2009 ENVCHLST.DOC REVISED 6/98 Y:\ct\2488\007\SEPA\Env. Checklist D2.doc -12-02/08 ' . AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 STATE OF WASHINGTON COUNTY OF KING duly sworn~~~ de~~;±~ ~:=a ' being first 1. On the . IB+h day of N\a.rc.h , 20~. I installed one, public information sign(s) and plastic flyer box on the property located at a+oo E.Afv± \Jo.11:e,:j Tua.A for the following project: ':Z>b:odo.. d.o \la,l\c:, 'Shor± J=>ltlt Project name 4±ro.M do \}alle, I ;t,,G Owner Name 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Information Signs In II i n" a out package. SUBSCRIBED AND SWORN to before me this I 8~day of /1 a.,,.,<t,_ ,2007 ' H:\Fonns\Planning\pubsign.doc BLI in and for the State of ashington, residing at (a 42 .-z ~ My commission expires on 3-/ CJ -201 /. - 3 -03/08 14" --------ee• ~ ... o r.FJ, "-~! PROPOSED LAND USE ACTION Type of Action: (Provided by Applicant) ProJe'1 Name: (Provided by Apjl!icant) Site Address: (Provl!!ed by App!lc>nl) TO SUBMIT COMMENTS OR OBTAIN ADDITIONAL INFORMATION PLEASE o CONTACT CITY OP RENTON STAFF AT: 03velopment Services Division 1055 south Gradt Way Renton, Washington 98055 (425) 430-7200 Pioase reference the proied number. If no 0 n-.:rn!ler Is listed n,fen,,.., u,o pro!ed nan:e. lns:al ler Instruct~ors: I ------SITEMAP ______ I I I Laminat!IC I I : fnstalied by Applicant I ~------------------J Space n:$<!1Ved for C;ty provided PUBLIC NOTICE ~:_:1_4· ,. ------ 1 PLASTIC 1 CASE ' lnstelled by appl:oanl Please ensure the bottcm of the sign does not exceed 48" frcn the 9rcu"'1 • 0 0 0 • ... _J :,. NOTES: lr..o 4' X4' X 12' POSTS USC 4' x 8' X 112" Pl YWOOO . r Use 1fZ' x 3• GAL V. LAG BOLTS. W/WASH:RS . N M LETTERING: Use HELVETICA LETIERING, BLACK ON WHITE BACKGROUND. I l J UJ nnF. 3• ALL CAPS OTHf.R I 112" CAPS and 1• LOWER CASE H,\Fonns\Plaru:inglpubsign.doc • 4 • • • 03108 " S R \ 6 7 SIGN LOCATON ¥ i ' -------------J.---+----------. ---/ I .J ----J..-~---- E A S T R O AD cR.f ....-::=::i:z---=::::i: CITY OF RENTON PUBLIC INFORMATION SIGN LOCATION FOR: ST ADA DA VALLE SHORT PLAT INSTALL SIGN BEHIND S IDEWALK IN LAWN, LOCATION AS SHOWN Printed: 03-18-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-042 Receipt Number: Total Payment: 03/18/2009 12:08 PM 1,000.00 Payee: STRADA DA VALLE Current Payment Made to the Following Items: Trans Account Code Description Amount 5008 000.345.81.00.0004 Binding Site/Short Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 4492 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 DO NOT USE -USE 3954 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .oo .oo .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .oo R0901073 ! ·Ii ····i' In the Mntlf:r rd i L Ii. ,, i . • I r: 1 · l I I I i ! . ' r S .. .,_'.'_ .... . . ' _'.,; 3 .. -· .... ·-..... --..... ·------····· -=-,.-=;;a..::_-.::.-::::···.:::.··.;.:··=:c.c.._c..:_:;:::..;::...:c":..::'~---::=-··"'···-'-"''"-'" ~·..:,:··='·· -· ••.... ,-·:;.:::,,.=.,,,..·- IIU >t ,., hr 11.111! hr ,v1hliln,itiQ11 1rl (i:,,• ().,JI ,r 1H ,~,, ,slll') Ql/ltr ,11luat,lr> rw~J1Jrr,,u1111, Int' rt'(.'1>lp! of 11.hlt'h Is l'-A'rl-l')' ,~tJ101•1l<tJ;:r,! ·-__ .... ·-· ··.··-····· •.• ··--·----·---·--;aJ. t_.vf\,,,.{\\ --· ..... -. _.. (1:\ll'f..'-HU.!~fl G'n.>.ln. ... ,:"•v.,, G:,.u.. p.AP.'WlitD.lLfl •• , ---·----- r·Gra:11,,r h1•r,:l11t. l:i·r,~•> r,ni:i; ... tui\t'>.., nc;;I -1-i:-rfl:',l"' lv l'L'(it:T St11.::,.n 1'0\\'i:H "'LJr;1rr c'O~ll',\~Y. 1 \\'111,.>-.in~un ''l.lrJ>Vrd!l1m , .. CirMll~· h.t·rrhu, ltJr Lh,• p Hl"'''"" l:('l"('ln~r11:r "l·t forth . .11 /1l.'rpl'n,n1 t-.~~f'lnl':it DTtor. 1wroH an,l i.n-.. •r 91(• fol!,111ln/i(t1•·1o~r1bl.il r, .. 1 rn·r•·r.J. 11h,•, ··1•rwwny · h1•n:tm Jr, -1'.l".&·-------- C'ci.u,1y. \~·,1,hln;:ll'NI 111C' north .'J)O ft·ct of thut put·tl'JII ·Jr titt· ·.'\nrth:,1.••./ l/•I of 1!w :-.:orlh~·:1~L 1;.; .:f SQ\:llnn l-'J 1 "f(l"-Tishlp :!:i )o/1,rtJ1, fl.;mg~· ;. ~:1:il, Ii.\!, Jrl11g l;t·~trrly rir thl' 1,'\'~t r-.:.r1.l11 c>f Jlrimurr Stat1.• Hlghwnt Su. S ;md l;oi::v, t'il'iH•rly uf tht.• tiu:;;1 1mrr,in 'Jf the bast Val I<:)" Iii r.ht,,,y; f.i::-.:i, tho non he rlr l'JO ft.'<! r tht•((•or. f.'.:111.1111 11, fflll)' tw ciUn'r¥-·!i;~ .!CL'I lonh hL-n:I:, C,r~nirt•i; r/Jhl!<. !,h,,11 bl/ nf'r<!l);Ld UJIIIII that pQrt1r,o1> Q/ lhi• flropmy 11h11 "K11:h1-11f·Wu)"' hQrf!lnt d~~crll1\'\l 1S lolltJJ'S. "1\ HJ;:ht·tl(•\YIS)' --sri ________ rt·1!'1 l11 \.-l11Th 1:1,·l"ll_. ___ 2s,_. . _r~e1ofsuthwhii11«J t-11:h i.111!.• al u ,11•murlu1\• Qf1,r:rlhed n1 JoJloll·ll · &ginr i.n.i at u point on th~ wc!t. ltnc uf the ~J"thcast 1/4 of Scc.tion 30, Township l3 ~rth, J.1::.u1go S l!a.."'lt, \ti'.M., 2~0 fC'ct ~outh of tilt' 11or1lr.re:.t coml!r thcrco~; th~ncl' S 99•37•39·• ti Zl fot"t to thr true p<;inl of l1t"&:i11nJ11c of 1h'o ccmcrliuc herein dt!scrlt,CC; thence r:iorthcaHcrly to :i point a1 the souih lin<.-etf tile.-11nrth Z4 f0t.-t of.tl1..:: ~rthaost 1/4 af Socllon 30, To"'15hlp !3 :<orth 1 .!J .. 111r,t.· S 1:;i.i;t, K,M., $Oid point liei'11t S7 feet euH of th<:·\IU:it line or ~.1iJ :;orthcilSI 1/.f ····' ••·-,,..-i~ .. -..,, s:i.td · ·: centerline, NO SALES TAX "'·'" llilH.36/&t: AU6-6.19~ llflll:jH w,,;. i"1ROUU ,..:;-.~~ -. -I. Purpon. Orm~'"' lob.'IJJ Mi1'L' f!ir.> rlf')IC re;; conslt'\JC'I, OfUil'llt', enfar,rt1 DnC" or mttrc r-lf:Clrh: tn.insmli,vlun ,rKVar dfstrlbltlbn 111'11:5 rwtrr wl/Dr unrh•r \/hi klght•oMt'r.r 111,:ctlm: With ,U ncct-sury DI' t'OIIY'-'111Drll llppllrtt11&11ct-s_ 1h,irc11r>. l'ot:kh m•)' lnclud1tb1n un nol UmJc~ ca lht> l'olJIINlnl a. O't'trh1d laclll1fca •• Ro1-•....U•~lc,wi.r.a.,wkJtoC!f'WClllaftltl,..,.l'ICNfr.W/V' a,wi 'Ufltft11w. t-il!Ctrlc ll'Rlll.m!Hlon and dhHrll,1.11Jon 111111:1: i:ommlll)IC'11lcm IIOd 1lwill llllt'li:·Um.:t'OA11us.~ · h.i1u.i,,,,tj:ir-...11b~WMa11> Otdr1•101Dli .ruwJ1N1 m..._r , ... u, naf'dlll\1sftffliMand ,,~ ~ 11entWr".-:liaJgrN'D1r1J11111!11llHlltlet Diil .. ~/~UIIM~N W IIHilot'MiT Followfng the !nHlal COIJi.lruotion 01 lh f11cnu1 ... ,, Oraritr:e may from tlm• 10 tfme canslnict 111ch llddl• thmul lln!:Ond olher t1cl11Um1 as II ma)' require. 2. A.cccru. Gnt1u1111 lihllll ha.,.o thQ rtahl of IC("<rss co tho IU,1!111-oC·Wny orar 11nd acrost the Pnipcrty 10 cna~lt: Clrruitoe, t11 cicl.'rcl11c It;: rlJhta J111rwndl:t', provldL-d, that Clni.nL~ shall compt11s1m OrMlor for any d11mas1110 a,,, P/'Clf)ortJ' C'ousoo Lr cha ci~rcfn or 11/d ,·:,yl1 or IK't'Hs. · 3. Oaulng of Tree.,. ClronltMt shall hllvo tho r1Bhl lo cut ot trim 11ny ;mtl all brush or trtts siandlni: or 1rwlng upo.a l'.ll(r R/,tit•o/•W11.t, 11nd ulso d11tr/Wlt ta eu1 ur trfm an)"" trw1 upon lhtt Property which, In (RIiing, cOllltl, In Gl'Mllt-e''l toasona~Ju Nr111man1. ha a huo rd to Gr1nic11f• ro~lhliiti, ol. Grulor's Use or il!UIC·ol·W1y, Onuuor r"atn·1·« tho rlgt,1 to use lht' 1tlgbt-t1!·W11)' ror u1y p~rpo11fl' nol I lflC'OnsJs1cn1 wtlh tba rlgh1t hct•oin 1:rlllllcd, pn1\•ldc-d, l~ill Clnntnr ahall IIOl C'tML"lfnlCI or maintain Ml)" bulJdlnJl or olht'r su12cnmt on 1hc khm·of•Way nad Orll)tr>r i;ha\l do ao blt.stln,1 11,'lthln !!OD IC<:'! m Cirentuo's !iaalll!l"5 wlthaut Gnnt<,c'f prfo; WtlUL'll ccinsent, ~. fodi:miilcy, By ar.ccptlnK ·111d rctortflr,: lhls eascmtat. Clrnnt® qnu to 1Mf1l1TIH1 and hald b1rmlc:ss Onmll)( from anr and au alalm:1 rar dcirr1111:~1t l\lrtt'f'W by In)' iwnon which ml)' be c,usl'd b)' Onnl<'e's ~tt:lse c! lHc rl1;h11 heroin iillntrd, provided, thAl Crantcie shall I\Ol be-responsible ro· Cirontor ror Ill))' d1magt1 re-slllUng from lr.}llrl<!$ lo any person c:11.usl'ld lJy acts or om1Js1DM or ann1or. Ii, Abandimmon1. Tho r/gh1s herein granlt'<I sh;,!I ro.nJnuo u111II such time a!i Cir.ull...t C\'WStS 10 :.is:11 lht: Rl&ht·o/•Way lor I p!!rlorl nJ ll\•I' 151 Sll~J1k-c, ywirs. In 11·hJch ttcnL thli. R111muu11 shall tt>rmlnr.tll' 1111d all 1 rlitus·bcrwndt:!r ,hall l"CYCM 10 Cinntor :ptO\•klPd, thlll no iltlandotimflltt d'l1II Wrleemod u, have OcC"11rrnd b7 ~ rl2llon 6! Cir'1llee'8 r.llarc lO lnlUa.lly 111,11 ll J II h1!l'illtlcs Dll tho Rl~t·ol·War within any Pll'rled' ol 1lmn from ·the due horoor. . . Desaript;ion: K£n. 0 g,Jl/'A .!k:cument-l"'sar.Month.Day.DocID 1975,806.393 Psge: 1 0£ 2 order: 208168352 comment; - ' .. ""•'''·'l'·· -Y. ,.· .... __ -· -::::.::: '"-·--· ~-~· --;....._"'==-~----aa"'.a· ... -.. -.;·...,,.. ...... .,.,,....,..., ___ ""'==-""""'""-- r I I I I ! I "' ,, . . n I I I ~ "! COUNTY 01' On 1hli., ____ ..,. "·--------·· 11 __ , bl,,farl! ~o. th& unii-rs}1ritd. · P.triiona.11:, appe1rod, ______ ~ _________ , . ..._··-----------.,---- lo ,m, kno~ 10 be Lhe•-----'--~-""\---------• resi,tellvely, or ______ _ the tol"?)rallon that trKOL'Ultd c.,,.-:,:-0 ,...---,-:,-,,.--:-,,-,,-.,.-m-,.-,:-, -...,--,--,..,.'"'-•.,.Jodl.,-od-::-lh:-,-,.-:,,-:-:-1,,.-,-......,--.,.,, .. :--: .. --,lh:-•-cli:-.,-and· ~1111111ry 101 1ml lh-lld or nhl c«pontton, ror ttt. I.SH and purpo;n thtnln aielllloMd,. 111d on oath Cllled thlll, _______ _ aulhorlr.ed 10 ~" the A.14 lmtNmft\T and 1119' tlMI teal &tflud I• lbe nirpotaur Hll Of aid coipora1lon. Notary f'utlllc la ud rcr the St11e ot Wasl1Jn,t1m, · res!dln1 ~·'--------------- ~i'J AUG 6 Ao S JO C,fiie:t ,. 11 I\• •• ,,,1,0 .. • , ... r\ l!:1..EC fl,..t,,) • ,..,11, ~. "'" "''VTr "1L!D F.OR RfCORO .-.r REOUEST ~ONEER-NAT'L Tme·1~s CO or 7J9SEG0NDAV~ ' • SE'."mt. WA!IHIN<iTON 98,JO, De.sari.pt:i.011: King,WA Dccument;-rea.r.Mon<f:11.Day.DooID l975.806.3g3 Page: 2 of 2, O.rdsr: 2081683 61 Comment:: - ;}, -· ::, ,,; .... -o :; • CITY OF RD/TON TEMPORARY WATER SERV m AGREEMENT i, We. ___ -'Gw•utT"-'Hu•~rx'1un~o ~----------·• ownar(s) cf !Q Address _ _.2:,,9PPw._·._x, .... ..._v,,,u,..1lo;11YUlB'1•~· ____________ Tap '·---~-----,, ~ legalb described 15 follows: That'porticm ~ tho H.W. i-or the Mli l/4 i1f sectLon ~ r-:,0 t \'olinsbip 2'1 range 051 .lt.WJ,I'.. 1J:big Weatt.rQ' ot tho-lil'etrt Margin '° ot primarY stat Bwy ,S and 1Y"iJls" B111J1:erl7 at B.' Marin o:t E, ·Voller Hwy. leas tbe i:o HDrthn~ 100 ft, thereot ... ... 0 "' . g, ,r\ TllttC:i11 ·~ :.:., ....... . ij for and 1n consideration of tha Renton Water Department granting a pem1t to connect ii temporuy to1ater ·service and/or main 1n Reuton / aeo above ~~ for the above proper:t,Y h!!relJy agrlle that no protests can be 11'\ade by abov Pa.rt • heirs and usfgn!, against the construction of, or assess111ent for a pennanentwiternrain which will nec:essartly be constructed fn the street to serve this property. Th1s agreement shall bi;t 11. covenant running 'With the land and shall be bindfog upon all parties and tba1r hefrs and assigns until the permanent watennain to serve tbe above described property has been constructed and th! asses~nt roll or cost per property therefore cer't1f1ed to the Cft,y Treasurer for to1lection. or payinent, IN WITNESS WHEREOF i' tine hereunto set my hand end seal the day 11nd year first above written. · _:::G=?!:'.':>rt~· ~ .... ~L!...:=::::' ==ac;s1-· __ <SEAL> \ __________ (SEAL) STATE OF W>JH!NGTON) COUNTY OF K!RG l" . r, Anita Weut ·a Notnry Publfc in and for the State of W!shington, res1dmg at 3 1 , do hereby certify that on this _.,l9tll,,.. __ _ day of June , 19 79 , persono 11)' appeared ~ore ne ====::-r===:r--l!mta l!oo!; --1 to me kmM to be the fndiv1ooal{s) des:cribed hereTniridw}io executed the within instruamt and aclcnow1e;dged that \..,Q?..Hel:lim s1g:ned and sealed the same IS Jieina free ani::I voluntary act and ¥eT.f.or: .the" uses and purpgses therein rnent1oiieif." . -·{~.:~,!··· · · \!lllfESS my hand of offic:h.l seal the day and year1n this certff~ca~,_.;;:~t·a~·ve written. . ·.:. ··. -W:CG 0£ THE Cl+Y C1 £AK REIITON MUNICIPAL Bt.DG. · --,rzoo00111ot,tt,..;,..,, L;::.;..,,;;,.;;T:;;11:::..- R"~tlrnN, WASH. 98055 ';'·.· .. ,.....,_; ...... ,...,;, ...... __________ ....,...., _______ "'- Desadpl:ion: King/H'A Docuizumt-l'ear.Mont:h,Day.DoeID 1979.625. 761 Page: .1 o£ .1 Order: 208.168361 Comment: • ( ;LW FOR RECORD ~T REQUlS1 ~fflr.E OF TilE CIIY CLERK REN10N MUNICIPAL BLDG. ··oo Mill AVE. so. . i;, ~TQN, WA 98055 0 • DUAL SIDE 5El/ER Date. __ ,'•..,·_,_ .• _.,_,_,_,·,_'-' · · ';;'· To be recorded on the following described parcel: . · ' King County, Washington. The property owner does hereby agree to indemnify and hold flarmless~the cjy of Renton for any future damages resulting from dual side sewer connection with the fol owing described p'artel: " ~ , . :'•j ,:,,;, : :• u • -.. • ,, ;., .. ; . Kfng County 1 Washington. . . . . ~.' ,,, It is further agreed by and between the parties hereto that this fndemnif1catfon agre~ment is a covenant running wfth the land and shall be binding upon all future owners, successors, and asS1gns. -----------and/of ___________ ~ , ~Y",~anci/of _....,A-"-'"'"'--""'-'-'u.!").....,~="'C:-"c'--- STATE OF HASHINGT0/1 J COUNTY OF K!HG l ss Th Is is ta certify that on th! s ,z.,i.,t day of .'<f"!:"'l"",'~,...,,~ me, the unde:;3•~ a Notary PuFrlc;" persona C,.-f I'll. ~Jw and-------- and ""to'""'m"e"""now==n-:t"'o-.:c,c-.;th"e,...,.,n,:rr.v"1'"u""a {s) w·~ho'"""ex"e"cu"'t"'e'"d""t"'he~w"lt"'h"'in=->d"ed"l""c"af"l"'onc-::and acknowledged to me that signed and sealed the same as h,;,,-1Jaluntilry act and deed for the usesina purposes therein mentioned, andori'oath stated that they were authcrized to execute sald instrument, WITN(SS my hand and official seal the day and year fi st above written. -:;:/ ;,11,, . / ... _ r/j ./ •• 1,·· ... ,..r, ,,., ... ,~,, 'I.'.,/,,, ,,,: ·, ,.~ ',,' -, . . , ·Iii .,· I . " ">-) i::: v a n i ·-,; f -, .. ' .-. DESCRIPTION, PARCEL A: • F:xhl.bit A That portion of the Northwest 1/4 of the Northeast 1/4 of '~~, .. ' - \ Section JO, Township 23 North, Range 5 East 11.M., lying Westerly Of tlle West i:latgih of Ptimary Scace Highway No, 5 and'lying Easterly of the East margin of the East Valley Highway, EJ(CEPT the Northerly IOO. feet thereof, Situate in the City of Rentot1, County of Kil\g, State.of Washi'ngton. PARCEL B, The South ?/4 of the South 1/2 of the Southwest 1/4 of the Northeast l/~ of Section 30, Town5hip 23 North, Range S East ~.M., EXCEPT chat portion tberecf lying East -,f the West line of Primary Seate Highw~y 4S ea conveyed to the State of Washington by deed reco-rded under Recording !lo. S363053; AND EXCEPT that portion lying West of the Easterly margin of the East Valley Highway; .. Situate in the City of Renton, County of King, State of Washington. i £ 0 -a'i y •, C', • 0 , '-~ C .:~ ,~ ·~ ,,.. C'l 1LtU FOR RECORD AT REQUES'I · OfRCE OF lllE CITY CLERK RENTON MUNICIPAL BLDG. 7.00 MILL AVE, SO. r• '!TON, WA 98050 S£WER GRI\D( Rt:ltA!iE Attach!d Legal Description ':,.(N'.J :;.oi:, t11·,;-1t.; I• t:ilJ·'09 1·.~ q1;cc, -; Fi:CFi:F. CASHSL t-1 -·,:-::,ii(/ said property situated 1fl Y.ing County, WashingtDni for and in consideriltion of a permit to construct a sfde sewer to connect these premises to the City Sewer Main ilt less than mfo1rnuru grade of ~ according to City i,f Renton Ordinance 1552 and as a1nended by Ordi n5.nce 1727 do hereby agree to 1 ndemnify and save hannless the City of Renton from 111 future damages resulting fro, such connection. THIS AGREEMENT shall be a covenant running wtth the land and shall be bi'nd1ng UDon all partfes and thoir hairs i!lld assigns forever. rn W(TNESS WEHREOF Gary M. J.1erl1nthereunto set his hand ___ and sea1 the day and year first ebOvc written. -- / ·.' ~. ·----·---~------(SElll) _______ _,_~AL) '" -~-. \_;..__ ,.:,.()_=~-" -= '-"-~= ·-., (SEAL) _______ ~~~· (~AL). i.: STATE OF WA~l!rlOTOH ) , -· . '' ~ COUIITY OF 1:rno ) ' 0 ------J-----10n-th-i-s..Z...~day=-e-~.&..,.,.,~.gffe , pcrs·Onil-Hy-09peared-b-ef-or~,e::~·~· ==:-:0:;"-----,---,---- C1t1:{ if J(('~ , .-.; :t ~ l ' J :i l I to me l:nown to be the individual described tn aml wtio executed the with1n 1nstru~ ment end ecknowledge that ~ry ~no sfgned and sealed the silJle B5 hjs free and voluntary act and deed for the uses ~nd purposes therein mentioned-.---- rn ~IT:lESS ~HEREOF, J hove hereunto set my hand and affixed IIIY official seal the day and year in this cortiffc;ate first above ~1ritten. CDRPORIH[ fOl'.M: STATE OF WASll!NOTOII l ss COl.tlTY OF ~!NO On this ____ d.ay or ____ , 19 __ , before me pcrsona11y appeared ___ _ to ~c known to be the -----------------,0,....,t=e-c:orporation that exocu"te-a~trhe-_-w~1~thr1~n- f nstrument, and acknowledge the sa1d instrument to be the free and voluntary ~ct end deed of said corporation, for the 11Ses and purposes therein mentioned, and each on oath Hated that ho wn authorized to execute sa1d instrument e.nd I.hat the seal affixed 1s the corporate seal of said corporation. r, Jfotary Public in and for the State of Washington. residing at Renton f/.:,il -9r, _A -tj,/,v /t·•·o/1.,-. S".:Jfl.~"· Y?.;\l ., .. ,0 .: -~ ,. I l 7 - 0 • \ F.>ol!bit A ·., •I,' DESCRIPTION: PARCEL A, That portion of the Northwest l/4 of the Northeast l/4 of Sec ti.on 30, ·Townsbip 23 North, Range 5 East W.M, 1 l)'ing Westerly of the Wost Dorgin of Primnry State High~ay No. 5 and lying Easterly of tbe East margin of the Eas~ Valley Highway1 EXCEPT tho Northerly l0D, feet thereof, ' Sic.uate in the City of Renton, County of King, State of Washington. PARCEi. B: 0 the South ~/4 of the South l/2 of the Southwest 1/4 of -the Northeast 1/4 of Secci~in 30, Town&hip 23 Nore.hi/ Range 5 East W.M.; EXC&PT chat. portion thereof lying East of the est line of -------1----;P:,;r~i;;m;·:•~r~y~S;ta;c~e. Righ~ay ~5 as ccnveye.d c_o0.,c,_b,_•:...:S:..:cc:•:..:cc:•_:_oc.f_W_as_h_i_n.;;g:..t_o_n_b_:_y _________ --j----- ee recoTdea underP.~1li&UO."''""S'3'6311 ; " ANO .XCEPT that portion lying West of the Easterly margin of the East Valley Highway; Situate in the City of Renton, County of King, State of Washington. ' • ( ~ l ... ______ i_:-1_u_-tJ_~_-_A __________ , _ _.Jin i C ORIGINAL PUGET EA.SP.MENT FOR UNDERCROUND ELECTRIC SYSTEM POWER For an:l in ccnsidarotion of Dne Cbllor (~l. oO) ord other valuable consideration, the r®eipt of Which is hereby ock:r.owledged, STRADA DA VALLE, a ~.Q.Q Genera] partnersJli.P.: ____________ _ ("Crnntar" lu,mfnJ. w,,.nlL convnfl" urul wnrr:um 10 l'UC::Ri SOUND rDWER & LIC:IIT COMPANY. a Wnshlllfllnn tor• rmntlhm ("Crnntwi" l1UrninJ. for 1h,1 pu111n~uPJ hnrr?inaflnr S1!1 rarth II 1rnrpamol 001ttman1 under, ncrou and ir.·ur !hi: /cl• lowinu d1111cnhnd rr.nl pn1po1rty (lhll ~11rnp,ir1f' hi.:n:1111 ....Kin.9: Caullly, WuJhlngcol\. Tl1a.t portion of the Northwest quarter of the NDrtheast quBrter of section 30. Township 23 North, Range 5 East. W.M~. in Kfng County, Washington, lying Westerly of the West margin cf Primar.Y State Hfghway No, 5, as established by deed recorded under Recording Huml>er 5376810, and lying Eastvr1y of the Enst margin of the East Valley Highway; · EXCEPT the Northerly 100 feet thereof. ~0/l ,.,..,~ R5CFEE RECC• F CRSHSL ~.00 ,..>. 00 'fut•>k>t!S, fl(I ~5 f7.xt:~11t 11, m11.y Nia ,11l1crwlso sci fonh herein Crontce·~ r1Rh15 1h.,ll bG cxorcls!Mi upon lh:al pi,rtlon of the f'roporly !tho "Rlshl• cf w~y" hlll'ola) described a, \ollowJ: /\ Ri~1-of•Wwy ten ( 10 foci In widlh hovin11 ff Ve (5) Cao.I ol 111ch widlh on u,,ch rldi! ofa ccm1c,. llnu dcsmticri as follow,: ... , .. r.:.i ~ :.~ .. ~ The centerline of Grantee's facilities as constructed i'<; ·,.:;• ;:: or to be constructed 1 extended or r,located, lying ('::·,:: "5 n ~ within the above described Proparty. .. ~-',·:/ ···~.·O j ""'"= l ~ [:'(,~:~~ -···. . ti ' O"ll _. .-'5°•'•')M en ' I ... "f,.~= !! al---="'-,----------------~/;'..-. _{/L.<J~fJ:c:;_·._,ty~.;;;i __ .:..._ ___ _ ·~. . ,;;a '"'C' = 0-.: 'J, l'Urpa$a, Grnn1cr111hall hnvu 1her1W)11ocoru1rue1, opomln. moint.lln. rcp11lr, rupln~ and cohlrgll un umli:ran,und ~lcctrir. ttan1mlsslon ond/or dlltrlbulloa aysfcm upon and un<lm-tho Right.or.Woy to3c1hor wllh all nocCSli.iry or c:onvonuml 1p- 1mr1cnanccs tharcfor, whh;h moy in;;lud11 hu11iru not l!mlled to tho rcllowing; undal1fl'Ound "1ndults, cablo. c:ommurJcalion llmu;; wufts. mllnlw:i!cs. swllcht!S. and 1r,m1formors: and scm\..burlcd or ;ro,Jnd moun1cd focllitic,. Followlns tho ln\Unl c:on· 51ru1;lloh of Ill !oci:liUIIS. Omnll!I) mn.r rrom llmu le> lime c:omtruct .1uch add!Uom1l focllltlcs os I! moy require. z. r\ccen. Cmnloa ah.:iU have the risht er aCCt>.u 10 Iha Ri,11h1-of-Woy cvor and 11i;ros.s 1lu, P,opotl)' 10 onalilo Crnnlco lo oxnr• c:l5c 11, rl14hts horoundor, pro\'idcd, thnl Cron too rho II CGmf1110$111o Gronlcr for nny dum.iuo 10 the Propertycaund by thc cxer· else nr .snld Tish! of access. J, ob1n.1e1lons: LUJ1d~caplng. Cmnllm may rrom timri 10 !lmc romO\'o Ira cs. bushos. or other obstrucllons wUhln !ho RislH· uf.\V.iy nnti nir1~· hn•,tl nrwl writlu !.lio IU¢11°of•WII)' \ti tho cxtonl rouonnbly nctl!SliO'}' to i;;1ir1')' oul lho purpo.scs sot (onh In pnriwnph I h1mmf, provided, 1ht1.t follD'.'.-l~ al\}' ,11c.h work, Cronloc shnlL IU the o.xlcnt rcnsonobh· pracdi:nblo, rcnloro lhc Jli}(bH1l0 Wny lo !ho con~llian II wu lnunodlolol)' prior lo such WGrk. Pollawing 1h11 ll'lllhlll'llon ol Cr;:i.nloo's und11rground fnt:iliU!!!, r.ran1nr m.,y umfortnko nnr ordinlJI'~· improvmncnts to tho landscoplngoflhc RishH:ir.wny, provtdud 1hnl no 1rno1 or c1hur 11JunL1 slulll 111.! 11)11Ceil !hereon which \1'011\d be unruuon.ibly oxpeulvc CM' laiprac1la:ll for Cro.nlell to rL'rl\OV<1 11ud rllSluru. 4. Crcntor's U&e of Rlaht-oMViay. Cnin!or ro.1UC"VCS lhc rlghl lo use Iha Rlght-of-\Va;y ro, any p11rpo1c nol inconslslon\ wllh !ho rl1th1J huNln h'l'll.nlt!d: pro~·ld1.'fl: 1hal Granlor sh~ll not cobSlrud. or molnln!n ony building or other slr\lcluro en !he Ril;ht· of•\Yu)·whlch wollld lnlo,Jcro wilh 1ho cx1trcbet or tho rlWfls hcrul'n gninlod: th:il no dlg!ng. tunnulingor other fonn of g;in• !'lr111:tinn ur.tivl1~· .1111.ill hu riono on U10 /lropurly whl::h \'MUld dlJIUrb Iha cnmp;u::llon or unuarlh CrnnltN1'1 focillt[os on lho RIRb1,uf-Way, or t•ndunscr the lalcr:il 1UpJ10rl lo oh.I fildlltics; and that nD Ulns1U1i.cshnll ha done within 15 roe, of 1ho Righi-cf• \\'ii)', s. Im.lcmnll)'. Dy accopting o.nd ncorJ!ns lhl.t 11mmncnl. Cran!cu llfl'l!CD lo Indemnify ond hold hnrrplllll,!I Granier from 11ny and oil cl11!m1 lorinjurfosomllard11mog11s111rtor1:d by onypomm wldeh may be c:nu.svd by th1rCrun100'1 cxu~!se of tho rlghu heroin K,nmlud: pro~·ldatl, th11o1 Grun!c:D sh1:1tl nol bo rc,pcm.~ible la Cranlor for o.ny lnJ1,11!c, 11,mi/or d:ini11gc1 lo on)/ ronon c11ustH.I b)' uw or omfasloru of Cruntor, &. AbondonmonL rho rlgh!t hurri!n i:rnnted shnll conllnlle unlil$11cb limo :is Cr.inlca ccn1cs to uso tho RWi1-or.Woy for o /k!tlod 11! n\·o f:i) 111uccc:Jllh·e years. In which tll'iml thUi 11111~monl shnll lormlnalo and oil rijihu hcrcundor 1holT rev or! 10 Grein. 1c1r, pr11vld11d 1/llll nti .ihundonmcnl ~h11II he d1.-amed lo hll\'I! ot:Qlrnnl b)' reason or Granlu11'1 £ollur1110 lnlttally Install Hs focil11iu1 on lhu RIW\t-of.\Vn)' \,ilhin on)' period of limo (ram Che dote honwC. 7, Succencrt ond Aaslgns. Thu rights nncl obl!J1:i1fnn., cf tho p.1r1fos shall Inure to thu bonorlt or ond bo blndln~ upun thoir J"lt1oJ11tttl\'O •umiuors Mil :iulsDS, .......... ;oQ7324 KJ•ACOOl 235-117 & 118 WW,m r t I ' i r -. i --·---' ·-··· 0 DAT£0 thi1 ----day o! ,10.fil1_, OMNTOR STRADA DA VA~~ By·~ STF,TI:: or W1\SHIHGTON ) ) IUI', COUNTY OF KlNG ) On this ~'f',( da.y of,:-;';:c,:c-;"-"<:,:----,,,.,.-~; l9....9£L., baforo a.o, a Notary Public in o.Dd for he Sta.to of ccmmJ.3:rioncd and S\1/0rn, pc,rsonlllly appearcdlc:,/~~~!,,-~l...~~~~!!J,,-,~,,.,-o---""'""'""'~--------------to ma lthown t:o the ~tncrd' ot STRADA DA YAI ! E , a general pnrtmu:ship, who ex:ccut::ed the within er.nd fore:qoin9 instrumant!,f,·~~~"',;:,,_~ ,ob01t•lnrti,Pt1 ,-1,,. ,r,i,id in.st:run1ent tc be &f9 tree and volu.ntarv act ·a.nc1 ..... _"; .:-;?::~ dootd u for th~ U!Se5 a.nd purpoa~ t:horein 111entioned. .... :, ~,-,. ~-.•• WITNESS my hand and official sell! the day and yeac in this: certifiC'lltl! i!QOve Itri tten. ·1 STATF. OFW!iSHINCTON I ss COUNTY OP J On 1hl11 tiiiy pr:rsondy npponred bcf11rc mtt .. ·. lo mo kno\m lo bo 1ho lndl\itlual __ described tn und who mcccukld lhowllhln nnd forcpln, lh.llrumanL and acknowledged thal ?a5 ----slRnad 1ho nma as rraa 11nd vo!uftlnry ar:t Md dead for lh.c u,cs nnd purposes lhordn mentioned. § = er. GIVEN undar my hand imd arrlci.11 seal this ---day al Nolnry Pubhc bi Dnd far tho SlDJO d Wmhln,con. rcsidln, 01 ·'°---: My Cl:muission l!:><pires'----------- STATI?OFWASHINOTON ) i ': ;. Ii< :~ :r, CQUfrrYOF' ss I ·-··-·onlhl,day pcnC1iiully oapp11iU·l:Uboforc·mo ---. • ...... -----__ ·--·-·-·-·'-·~-----·--. --,,,: . .:;; lo m11 \noW!I to be Ibo lndi,ldual --described In and who oxcci:nod 1ho wUhin 0;0d fore.soln.s lru1nimon1. 1111d adcnowltdgcd th.al -~--•il!hod cha snmv mi !roe and volunlnry ad und dcod for tho wm 11iid purpcsc:s lhcraln m1111lloncd. GIVBN uixlcr my hand and offadnl se,nl 1h11 ---drl)' ol ·"---· EiTATE OF IV.\Sf-UNOTON 1 ss COUNTY OF I On 1his --dny or Notoey Public In o.nd ror 1h11 S1111a of Wuhl11a1on. re1[dfng at My cam1ission Expires:----------.,- CORPORATE ACKNOWI.EDGMENT , 18 --, baro,o JM, tho undcn;l,nud, pcniomilly IIP{la;irod ond -----------------~ Jo 111c lcnowii To bu \ho ------------~nd , rmpectlvi.:ly. of ----,..,.---.,.,.-----,--,----,-,-----:-lhc corporallon thut cxcc:utcd lhn forogo\ns lmni1mcnL 11nd nclmcwladsed lhc s~ld lrutrumcnl 111 bi, tho £1130 end ,·alunfnry nd and deed or so.Id corporntlan. for 1ho U1G1 llnd purp01os lher11ln m1intl111u1d. nnd on o.-ilh 51111«1 lhnl llulhcrlzcd to ollillCUlo tho Hid !n11nJmun1 and Iha! lhu semi nrnxud 15 rho corpomta seal of ftlid clll'por11doq. \V11nosa my hand 4f\d ofOcl;i:l ,en\ horclc llf'llxcd tho d.ay n?XI )~11r (im abavo wrrnan. N11t.1ry Public in 1ud for lho Shilo oJ WuhinalOn, ruldlna 111 My O:;;m;,!.=:~z.,. Expires"------------- :-:-:,-~-~~~~="~~~~~~~r:-,~. ~~~~-~ .. -r,~-.,..~~.,..~-"':--:-~.~~ ~ ' .. . ·,··· 'FIL£D FOR RECORD AT UQUE:ST OF Offlco. of ch1t City Cb'rk Rl!nton Municipal Building 200 Hill Ava. s. Renton, WA 98055 0 SANl'rARY SEWBll EASEH!NT ' A' f\ FIF'T!.EN FOOT WIDE STRIP OF LAND lH TH! tlORTHWEST QUARTER OF Tll8 NORTHEAST QUARTER OF SECTION 30 1 TOWNS1iIP 23 NOR'l'H 1 IWIGB S BAST, W.H. IN Kl:HG COLlNTY, WASHINGTON, SAID STatP BBIRG 7 .50 PEET ON EACH SIDE OF THE FOL1.011IHC DESCRIBED Cetn'ERLIN!i: COHHEHClNIJ AT THE NORTHWEST CORKER OF SAID NORTHW'EST QUA'R.ni; tHEHCE SOl}ll{ ot•s2•z5o WES'l' ,\LONG TH& WES1' LlNB THER!OP A DISTANCE OF 654,13 FEEt; THENCE SOUTH ae•o7 '351' !::AST 30.00 FEET TO THB EAST MARGIN OF EAST VALLEY ROAD AND rim TRUE POINT OP BEGHINIHC OF SAID CENr!RLINE; TfltHCE CONTIHU[NG soum aa•o1•JS" EAST 2.i. 00 FEET TO TH! TERHlHUS 01 SAID CENTERLINE. SANITARY SE'1ER !ASEHENr '81 A FlfT!BN FOO'I WIDE STRIP OP LAND IN TH! NORTHWEST QUAlttER OP TH& NORTHBAST QUARTER OF SECTION JO, TOWNSHIP 23 NOR.TD 1 RANG£. S EAST, W.H. IN KING COUNTY, w'ASHIHGTO!l, SAID STRIP BEING 7.50 PEET ON EACH SIDE OF TH! POLLOIHllG DESCRIBED CENT!RLINgr COMMENCING AT TH.e NORTHWEST coma OE' SAID NORTKW!ST QUARTERJ THENCE SOIJTi:I 01~ 52' 25 11 WEST ALONG TtlB WEST tlNE THER£0F A DISTANCE OP 1137, lJ FEETI THENCE SOUTH 88"07'35 11 EAST 30.00 FEET TO TH& MST HARGUI or t:AST VALLEY ROAD AND Tl!! TRUE POIRT or BEGtMNlNO OP SAID CE.NfBIU.l.HE; THIHICE COffTINUING SOUTH 88'07'3S11 EAST 25.00 FE&T TO THE TERMINUS OF SAID C!NTERLIN2 • Said heretofore mentloned grantee. lee succenon or eaatgna 1 shall hava the right, vtdaaut pr11>r notice or )ltor::eedittg at }a1,1, at :such tlrDea aa uy bo noceaaary co euter upoo said above daacribad property for the rurpoee gf c:on•tnact1ag 1 maiotalning 1 repairing, altering or reconstructing uc litlea, or mmking any connecttons tbarew1th 1 v1tbout incurring any legal obligationa or lJ&btlity thereforo, provided, that aucb conotru~tion, maintaining, repairing, aluring or reconstructlan of add utilities shall be accomplhhed in suc:h a manner that the private iaprov11111ntu exbting in thu rlgbt(s)-of-vay shall not b1 disturbed or dama.ged, they I/ill be raplneed in ua: aood a cond1U.on a.11 they vore immediatelJ before the property 11a1 entered upon by the Grantee. Th• Gr•ntor a:hall fully uu ud oajoy the aforadeecribed premtaea, including the right co retain tha right to un the aut'foee of add risht-of- "llf if such 1;1ec ctao nae interfere with inatall&tlon and maintenance ot tb.e utilities. However, cha Crancor shell noc erect bu1ld1nga or structures ove.1 ullder or ocroas the ri4ht-of-1,1Jy during the extaeencG of such utllitlee, Thia eaaemeat, 1h1l1 be a covano11t ruunh>B wtrh the laud aDd ehall ba binding en the Gr'anCor', hi& aueeeaaor 1 he1tG and aaulgna. Grantot-a covanant that: tl\ey ar1t tt,e laYful o\lcuH'G ot Che above propertteo otld that t'hey hav& o good ond lawful tight to execu~• thia agreemanc. i ' ' i I ·---~-·------_-r-'~":""' .. "'."_'-5:-i"'-'""-''-',lUfu'-'2l":J;:J:><•ycr'!',-,--_-,"':::==========·:·:::?:~:~:::~====:::::~:~:::~·~A---:---. p d CAS-H.">I ,._.,~,e.9. 00 _ _,G~aarcyy_mM-~H~•ur~JL1Leeoo..-'P~•~r:.it:.in~eurc.... __ _,an ------..::.~·c.::._c.:.· ____ -,!,, SV.TB OF WASRtHG'TONl •• COUNTY OF KING ) ~ On this day por11om11ly eppnrcd before cae ~t /11. ~ •·A and . co H known co be tfij iodivldualiifuribcd. in e~n~d"""v~ho,.....e~x~,~c~,~,~.~a~t~h~e,..,.D~!~t~hl~n~4tld foragoins inatrumant, ond acknowledged that they signed the BUil! aa tllatr free and voluntat-y act and d~11d, for che uua an4 purpQDee therein mentioaed. Given under m)' hand and offioilll 1101 thf.11 2<J..+f ~11y cf "1""v-\..(__. , m<r,rwr; . --.- <'/?cf?-~~ -· .. vci ET NOTARY fl!BLIC in ond EO,li,. of "" S AX NOT REQUIR1il)h1ngcon, mid Ins.#, !i.,· , .King Co, Rocorda DMWR r · •' ' ·~ \ a,;.,1 1)/<{ltJi,t./b-, Dtj>ll!y j ~ N<1IMi \\ \ ' ':I I -.-r : 1 \ C3,. \, PLl!K.IO / ~1 2 ~·?t.!l>,.l!:t'~,'}· ...1-.0\-3"'1 ,,, °t:WA~,,,.~~ "tr I r;;J.. 1llf1u11itlJ M.# q()/jooo{/~.535.~• '/-9,t'-/- : ·• , ' .:; l O r,. 0 (·) ;,\. · ........ < ,..! . ~-------------------------- -····.-·· \ 0 ' 19 ~~'l?,16 7r-- lo' 1tr ~o// Ji ~ I, 0 G,l:,•'14 l!t o&,' i,.r ... ,, ..... r-+,-----. I I < BUS!!,.!.IOED & HrTCHINGS. INC. CML t:m1IKEERS I UNO stJRYEY0Ra --- tJW 1/l\ t,H: 1/,i -61:.L ~o ,;,-.ur 'Z.31..1' R. <;;£,W'.M., ~TCW-<fi,n_ /t'//-3).. '.,ll\l.<~ ~~ C:116'CM1SN,,-\A., I \ I \ I I I I I I \ \ ' .; } l ...... I 5 , • •' 19 <&,+9~-;, _...-,7r-- td e., JO ,.I N 11':nr 'It' !!!.,t.44,' ~ ---.. \ if I (~~4"' '\ !I U'3.s":WI" C _ ~· < \ \ \'~r;o• I \ \ .j ' :.: • • • 'I, ): ••• ·. t, \, . ;., ~ .. .: 1-.J ''· ~ '• > FILED FOR RECORD AT. UEQUEST OV Ofeic<! of tha City Clerk Renton Municipal Builditlg 2.00 Mill Ave. S. Renton, WA 9B035 EXCISE TAX NOT REQUIRED King Co. RIICOrds DM>lon 8~ :t2t),,,,.414lleputy DRAI!l/iG! EASEHltNT 1 991 THIS U~SrRUHlrnr, 110.de this --day ot ---.l1l='------..-. ~ l.,_ C by qnd bctwe1111 ____________ ,and __________ ...,_;~·:_-__ ~_;, Strede On \/aJJ 1 0 Partnersblp H5f: n Wnsb:lngton genef~Y~ : fi'f ctnorsbl ~ and ,, .. • ; he'C' natcer ca led 11 Gr11nEor{a)1 " and the Ctfi OP UNtON, e .. •Huaid$41 Corparntlan of King County, Washington, hen!nnfter called IIGrancec,"'~ .¥ ;_· Wl!Ne:SSSTK: ... ';) c.c_· ~ ,: That said Grantor(o), for aad ln conaiderattoa of the 6t1DI of $,~-=-~O~-c...~ ------paid by Gra.ntee, and gther valt.1abl11 conticJerat1.oc, dr> by tbeee presents, grant, bargaln, sell, convey, and ~arrant unto the said lJ'Fi'ntee, lea aucceeuon oad 11asign11, 11a easelff!nt fol" drainage purpDaea over, through. acrou and upDn the follo~lng deei:rlbad property in Kiag Couaty, Wa.shiagcon, IDOt'e particularly destribed e.& follow11 THAT PORTION OF rne NOR1KH&ST QUA'fl:J'.'£K OF' THEi NO!tTHIU,ST QUARTER OF SECTION 30, TO\IHSKil' 23 HOkTH, RANG! S EAST, W.H. IN KING coum I WASHINGTON. D£SCB.ID2D AS FOLLOWS: COMHE!iCINC AT THE NORTHWEST CORNER OP SAt:a NOtTffW!.ST QUART£R1 TIIENCE SOUTll 01 1 52'2511 WEST ,\LONG tffE W!ST LM THEREOF A orsr.u1:e OF 100.0S FE:ET; THENCE SOUTH s5•ss 1 S6'1 £AST jQ,02 FZ:ET TO TH! EAST MARCIN OP' EAST VALLEY ROA.D AHn THE TRUE POINT OF BEGIN!UNG; THENCE CONTINUING SOOTH 89'55'5611 EAST 78.94 PEET TO TH! Wi::ST HAP.Cltl OF S.lt. 167; THENCE SOUTH 09'26 1 41 11 EAST ALONG SAID \l!ST HARGIN 58.16 F&E.T; 't'HEtfCE MORTH 6'l'!i5 1 56U WEST 90~40 Fl!:ST TO SAID EAST HARGIH OF EAST VALLEY ROAOt TlitNC! NORl'll 01•52•2511 EAST AtOHG SAID EAST MARGIN .57.5, FRET TO THE TRIJF. POIHT OF BEGHUmro. Sn1d heretofore aeiic:lon!td graiitee, 1.cs aucceaacts ot aasigi:is, aball hnva the right, vlchout. pTior not.ice or proceedirlg at law. at auch Umea as uy bo necessary to enter upoa said nbovo described ptopcrty for thft' purpoae or construcUns, 1181nt11Ln1ttg, tepairtng, altering aatd clratnase eaau1enc, or 111aking any cor:tn.ect1one thot11:W1tb 1 Yitbouc incurring any legal oblt.gationo: or Uabi.U.cy chereforq 1 ?rovided, that Heh conatruccioo, aalncalntng, repo.irfog, altering or nconstructlon of said drn1nage easement shall be acoo11pl111hed in such a 11an11er that tha .,rtvate .improvements axillting 1.n the ri,gbt(a)-of-way elul l not be disturbed or daaaaed, they will be replactd in as aood a c0Dditlc111 os they warit illllllltdhcdy before the property was entered upon by tbe Croncee. .. •:.\: ···.f ,v '' ' ' f "' M " ~ ~ m "" I " l " i 0 :; ·i • 1 I \ .f " :1 :; ,, ·i l ,. .,, !'! ,, ' ., ' i i The Crnntor shall fully uae and enjoy the aforedeac:ribed pruisas, tactudJ.ng the rlght co reta1n the rlght to uae: t:h& surface of aaicl right-of-:l 1,1py 1E auch u1:1e doee not lnt:.trfer1 with in'atall.ntion aod maintenance cf the ~ drdnaga oaH.mant, However, tba Graat::or shall not e.rect bulldinga or _ •• , ···-········-· -· ··--· ·· -· · ·-.. st rue turea ·over;· undor··or· ac:rou· tho right-of-War durlng tbe exlate:iCe of ·.such···-·---.. ---:1-·-·-· dralnago oaacmont, I Thia easruient, 1hall be a covenant running with the land 111d ahall be bindLna en the Gr.untor, hia auci:eesor, heira nnd a~llgns. Grntora coveao.nr that, they ore tbe fowful ovncn of tha above pToperties a.;d that they hav1 a good and la~ful rlght: to axatute tbia agreement:. • •• COUNT"i OF KING STATE OF llASHINQTONl On tl1h dt1y personnlly appeared bdore me ~"'""7 #-1'//J -,.0 and to ae known t:D be tne';t"ndividuaU~dbeiJ in and vfio execute?d cha ulchln aocl foregoing 1as,r11U1ent 1 and ack1101,1ledged that thoY atgnod tho aa1110 aa t:beir fru and voluctr:::ry act and deed, for tb~ uses and purpo1ta thereiu mantloned. Civ11n under 11)' ha.nd and offll\MluJHal t1t1s ·~ day of JV J\.£- 19SO. i ;~).DNIHq'',,,, . l .,····<M1,t-1t.~:-7?"" /J // -/ .. l ~ v.°<O\~ ,/-<"~ ~ ~ (i "Is.~ ~~~ FU~LIC 10 and '":1" ~W"& •• \~~ •• ~~aton1 nstdina at,,.~@:.a,:;CJ<~~""-- '"-., 'It,, ..... ,,,-~a/ -3 ~ '1, 'l"t:1 ........... ,r-' ..... ·~ 40//oso/J'iJ".s:rr.JD,tf"f,l!f [ o r.-o{:) -·« ~----------~- J ' 1 i ! ... '.., .· •. ~ ,·_·· •. '\'~ \: .. :, ~. \D \ 0 .' I .. : 19 lo! .111';1.)'~I" W =5,!!!,44·'----\ .. , BUSI!,_ ROED & HITCHINGS. INC. CIVIL ENGINEERS a LAND SURVE'tORS &UT1LI!, ~T'Off u,,,,nu l . . . . ... . . ·-· -r.:,;· ··---'"~:::-:-·----. • . 0 (:·· ,, -'-· _. _o_~-----· -:...·, ..:,;• ._. ...... -...;·-;.,;.;:;;· "'J~ \ \ I \ ... ~ ... I ~: ~ .. : ,, ., ';' ·' j i I ' j I \I ' \! • . .,· . . . , . f.,"' ~ ,• . FIL£D POR RECORD A'T Rll:QUEST OP Otfico ot tha City Clotk Renton Municipd Building 200 Hill Ava, S. Renton, VA 9805S 0 UTLLlTU:5 EAS£H&N1' v-1-!()fl 9JrOi",.08 RF.CD F 9, cm RFCFF.F ?-ffi 1 TUIS INffRUHENT 1 made thJ.t --day of ___ -.1J,.unn,oe_C,eFIS:,-c,Hc,Se;l'".---~~;1 J ,00 by and bit\leen ------------'•nd --------------' • --''"'"""'"dt.•c.too,a'-"Vta•cll.lJ .. oWP!zour;.lt;:n1<0:xr:s•4, ---'~die • N esb 1 o gt o a Ge o er i'I 1 P-rt~ersMf · o.nd i hnelna tu c lled 11 Ci-aator(•)." aod the Clti OF kERtOR, a Huoicipal Corporation of kins County, Vuhtngcon, he.reinatcer ealled 11Grontee,11 W1TNBSStrff1 That said Ornntor(~). for and in cooalderatioa ot the BWII of S,_--=-,.o,,-__ -----p11id by Grantee, nd gtheT valuable conalderation, do-1t.:1. by then picsenfa, grant, bargain, aeJl, convey, ood warrao: unto the aaid Gf"antee, tea auccesaor.s and aeatgna, an eO.Dltlllent for and public utU1.tie11 (ir1eludlng water ond acver) "11th neceaa:.ery oppurtensncu O\!et', through, across and upon the follo"Lng deact'Lbad propet"tY in King County, Waehington, more: partlculsrly dc1r;ribed u tollowu VAT!RLINE !ASEH!NT 'A' A FOP.TV FIVE FOOT WlCE STR.lP OF WI) lff TKa ffORTIDiEST QUARTER OF TIIE HORTHl!:AST QUARTER OF SECTION 30 1 TOWNSKU' U NORTH, RANGE S EAST, ll.H. IN KING COUHT'( WAS1HNGTON 1 SAID STRIP SE:INO 22,50 F!!T ON EACR SIDE OF THE FOU,OWUi! DESCRIBED CENTERLiliEt COHKENC[NG AT THS NORTHWEST COR!reR OF SAID NORTHWEST QUARTER; THENCE SOUTH 01•s2 1 :zs 11 WESr ALONG THE W!ST LIHE THEREOF A DISTANCE OP 267.48 PEET; THENC!: SOUTH es•o7 • 35 11 EAST 30, 00 FEET TO THE UST MARGIN OF £AST VALLEY ROAD AMD TliE Tel.US POINT OF B£Cllffi[NG OF SAID CENTERLINE; TKENCE CONTINUING SOUTH 8&•07 1 35 11 EAST 30. 00 FEET TO TH! 'I'ERHINDS OF SAID CEITTERLIHE, WATERLINE EAS!!:H!NT • B 1 A Jl'IPTEEN FOOT WIDE STRIP OF WO tN ffl! MORTHW!ST QUARTER Of' THE HORTREAST QUARTtR Of' SECTION JO. TOWNSIUi' 23 NORTH, RANGE S EAST• W,H, lN XlNG COUNTY, Wa\SHINCTON 0 SAID ,S'?RIP BEING 7.SO FEET OH EACH $IDE OF THE POLLOW!NC 0£SCR1.BED CENttRLIHB: COKM~NCING AT TH! NORTHWEST COi.NE& OF SAU> lfDRTHWEST QUARTER; THENCE SOUTH 01•,2 1 2S 11 WEST Al.OliG THE W!.ST LIHI!: THEREOF A DISTANCE OF S41.98 FEET; THtNCE SOUTH aa•o7•3s11 EAST 30.00 F!!T TO THE EAST MARCIN OF !AST VALLEY ROAD AND TH! TRUE POINr OF BECINNINC OF SAID C&NTERLitm1 THENCE CONTINUING SOUTII sa•oJll511 EAST 35, 00 FEET '1'0 TH! TERMINUS Of' SAID CEHTERLIN'B. WATERLINE !ASEMEHT 'C' --·----·A FIFTEEN FOOT ·\HOE· STRIP OF· LAKD · IN ·TIIR troRTHW!ST QUARTER OF THE NORTB&AS?---• • QUARTtR OF SECTION 30, TOWNSHIP 23 KORTH, RANGE S EAST, W.H, IN KIND COUMTY, WASKUlOTON, SAID STRIEt BEING 7.50 FEET ON EACH SIDS OP THE POLLOUINC D&SCIUBED C!NT.E:Rl.INS1 CO~EHCING AT THE HORTHWli:Sl' CORNER OF SAID NORTll!f!ST QUARTER; THENCE SOUTH 01•52 1 2,11 wesr ALOHG THE: WBST Llff& rilEREOP' A DISTANCE Ol" 870.48 FEET; THf:NCE SOUTH 8&.07'35" EAST 30.00 FUT TO tHE Et.ST HARGlN OF !AST VAI.L!Y ROAD AND 'l'ME TRUE POlNT OF BEGINNING OF SAID C&HT.&RLIME; TH&NCE CONTIITTJING SOUTH 88'07 1 35 11 EAST SO, 50 FEET TO A ·POINT traR!Iffi\fTER lEFERREO TO AS 11 P0INT A"; THENCE NORTH OL'S2'25" EAST 15.SO FEET: TH!NCE SOOTH sa•o7•3s11 tAST 9.00 FEET TO A PO!HT HEREINAFTCR REP ERRED TO AS 11 POIHT 8 11 ; THENCE CONTillUIHG SOUTH 88'07' 3511 EAST 147,00 FEET; THENCe: SOUTII 01 1 32'25" WES't" 2~.00 f'l!:.6Ti THBNCB SOU?'H 09"'2.5'~4 11 EAST lU,00 FEET TO It POINT tlBREIHAP'lER REPERRED TO AS 11 P0INT C11 ; THENCE CONTiffOlNC: SOUT!t 09•25•44u tAST 131.00 FEET; THEMCe SOUTH 47•30 1 11 11 WES't 103,28 FE!Tj TH~CB NORTH SS-D7 1 JS 11 WEST l2B.00 UET TO A POINT HEREINAFTER REf'ERRED TO AS 11 P01tfT 1)11 ; THRNC! CONTlNIJING NORTH es•o7 1 35tt WEST 60.24 FE!T TO SA!D EAST MARCIN OF £AST YALLBY ROAD AND,\ TERMINUS or SAID C~NTERLIN!; RETURNlNC TO THE AFO&ESAID "POINT A11 ; THENCE SOUTH 01·s2•2511 IIEST 18,00 f"EETJTH!NCE SOOTH IJU-07' 35'1 EAST 2'1.00 F!!&T AND A 'IERHlNUS OF SAID CENTERt.I!IE; RETUAN[HC TO THE APORESAID "POINT B11 ; TKENCE NORTH 01'52'2511 EAST 25.00 P!IT TO A TERMINUS OF SAID C'f:NTeRl..INl!:j I\ETURHIHO TD THS AFOR!:SAID 11 POIHT C11 ; THENCE NORTH 80'34 1 l6 11 EAST 28~41 P&!T TO TH3 VEST MARGIN OF Ji',R. 167 AND A TEIUiIMtlS OF SAID CENTERLINE; R.ETURIUNO TO THE AlOI\ESAID 11 P0INT D"; Tl?EN'CE HOR.TH 01•s2 1 25 11 EAST 25,00 FEET 'IO 1'HE TERMINUS OF SAID CENT!RLtNE, i • ·; ; ' ' I I \ ! / '· {.___o _______ r._. _____ ....,__G>_(;..·:~,,_ ------·~'· -' --'..;'.;..... == I 0 • STATE OF WASHINGTON I ) ss. COUN'I'Y OF ltINQ ) di/\. f (,:P/ on th.is ~ day of v-·'t.J_ , 1'9'9'9, be tore me personally appeared ~ to M~rl 1 no amt , to knmm to be: general p ere o strttt ~ ~· , the parttior.;:hip that executed tha forogolJ' ne 9nt, encl e.cknowl- edged said instruaent to be the free and voluntary act and aaad said partnership, for the uses end purposes therein mentioned. IN WiirNESS WHEREOF r heve hereunto set rrty hand and affixed my official seal the day and year fir&t ebov~ written. me cf , (PAR'l'NERSIIJ:P) r,'"" 'i:ir ,,. '}~l w r. :·i-\• r fl ·T--.. ·--·--·---.... - 1 ' ., ;, 1 ,, '• ' .l. __ ·_o _________ ..;.:...r;;..:"-v ___ :~:-::·_:~.,-.. ·:~.·;;.:::;.;.; ... · :.-r.,t ~i.l;·.;~.,::.,· ... :·,.:· .. _i.,'·,.~,.:-;;.~~ •. ;~.!;;i· 'iai.,•':'ill~ __ ..;. ..... ._..., .......... ••• .. ':.: :., .... ,." .. :,.,°' .. ,. ___ J.;G;;;·:., -:::.!:!~-::·. . . -·--,... ·=· ... . ' 't ' '· .:i ~i . ' i, / ) :i .·~ f ,.·,, ' . '~~ '' Ii . I (l) l 11 Jt'Ptsf• W !!E!•H"---\ \ \ ( ,'Ii ·" ·'t ,1 ./ I ~ :.( ."I J \ j \!: \ 1 • .'.1 : ~ I 1 e f«::.l"D' 'ii \ -;, ,, i 1 :~ !-,i, •,. '· . ~""'T'r-'&&'o1'~"e \ 1 i :iii:,' ' ' <.4t2S ij, ,,i.,'11.f ~ I ~· ',~ ~ ,>::·:i ·---·· .. ·---···. . .. -· ····--· .. ----·-·-..... __ ,,,,, .. ___ · ___ ., __ , -·--······ ·--------..... -.. -·-\·\-------· --_: ___ --______ j{J~i ~~~14 •" _1,u ?0 I I \Of ·t~IJ \ ; 12 S £, W,IJ., \ 1 ~k'..E.t""CI+ foJL. W l>.TUl.\t.1lt t.A~~ei.cr-'/1,'. BUS\!,.!I.OED & HITCHINGS. INC. CMl. ~NEERS 4 LAND SURVEYORS us-414I ! -- , .. ,'•. ~. ... . . i j ' l -. . ;,, .. -... . ... :: : . t \: .·. ~-., · .. t' L...: ., ., " · .... ',,(~' ~ < •,,;.., r' . ' :, · . ,· ,!. \ + "'I Q:l s:. N ""\ 1/1 Q) 0 i ~ Q:l ;,, 0 ~ F QI ' 0 ji\ ,-1 en -(' ~ t:> S IB"07',U" ,: 3~' I I ' G ., ,nrar w !!!,!,o· ___ \ -I \ ? \ r/1 • "' ,. i ' t i s \ l ij ---·---------·--· ·--_ .. \ ·r· --·-.-------·· .. " .. . 1 ·~T.oao.:n; ·=:!§~ee·ai·~s"E 6lle1c:~'to--. wA-~lJI:'. °fA'71:I-IISl .. 1"1 '-e,' -:Jl:-Cl I -3J--. BUSH, ROED & HITCl!INGS. INC. CML EHGIHEER8 a UHD sURWYtiRs KRT1.I, 'lfrrNtNffllff . ~-<1'44 'I I I. ~ I l [ ··; ~ '•. . . .:· ..... ·': .• ··111:§.Yii -... · ------~·...:..· ~---=· --=·· .. ~. ""'""'--...:...·S=,:.cl ~-. :-.: \ » ~ ·, ~ \, . -. •, . :: ,_J -·, -; J -h •. J , e - I P 32.1,7S' N 89'"613" W I '. '· 0 .... -" ' ., ..... \ i \ •J ·i ·.1 l 1 I I - I . I I . , I l ' /, ' J, .·.r~~,\~.<~ :.''-. -t~. ; ,,, r.·., • ' . ;:--~. 4 '' : . . ' . ' ,. .. ·'.. -~;.., . . - ~ .: .,. • • AFTER RECORDING, RE'1'URN TO: City ot Renton Office of the city Clerk Renton Municipal Building 200 Nill Ave. So. Renton, Washington 98055 KB8Tll7C'l'IVB COVBmUn JUlGARDlllQ lrD> PAR.'l'ICIPATl'Olf This RESTRICTIVE COVENANT REGI\RDING LID E'AJlTICIPATION (this "Covenant") is made by STRADA DA VALLE, a Washington general partnership (11strada"), in favor of the CITY OF RENTON, a. Washington municipal corporation (the 11 city11 ), with respect to the following tacts. n1oit11.l1 · .A. Strada is the owner of the following-described property lying within the city's corporate limits Cthe "Strada Paroaln): so.a Exhibit 1, attached.. B. As a provision of a Traffic Mitigation Agreement between the city and Strada dated March 31 1 19~4, Strada agreed to exe~ta and deliver this covenant to tha city for r1oording in the records of King county, Washington. · WHEREFORE, with resp&ot to these tacts, Strada hereby covenant's not to protest formation of LID l a.s des<0ribed. in city of Renton Ordinance 4283. Thia covenant shall run with the land ccnei~ting of the Strada Paroal and shall be binding upon Strada and Strada'a heirs, per•onal represlilnt~tives, succeesors and assigns W"ith respect to the Strada PtLX'cal. R2STRICTIV?: COVENl\liT REGARDING LID PARTICIPATION••Pa9e l STRADA DA VALLE, a Wa.sbington general partnership ~~~ Gl'I ,----------------. ,:.:., •. -."f.""" • t I ,:~ • J - '· .... --, .... • • -.• ' .".i''. .: .•• ':. . :, ..... STAT!! OF WASRDIG'l'ON ) ! SD. COUN!m! 01' l(lNQ I certify that I know or have satisfantory evidence that GlUlY M. MKIU'.,INO is the person Who appeared be!ore me and acknowledged tha.t he signed the instrument, on oath stated that he was authorized to execute the instrw:nent and acknowledged it BB a partner o; S'l'PJ\OA DA VALLE, a Washington general partnership, tc be the. free and voluntary act of! euch partnership for the uses and purpoeea 111entionad in the instrument • . .. ... _ ...... ---··--·. ·-· ..... . ....... -~-.. .. • ; 1 ' ,f i I' .~< _;\:~~;-~\:./ . .-~: i,~~ ... c-v:,i l<ESTRICTIVll COVEIIANT l<EGAltOING l'..lO PAltTICIPATIOH--Page. --·· ............ . .. r I • ' - .... ~,...__ .. • • • • • . ., ..... ' . . . .; ~ IWBl:T i\ THAT POJ\TIO!I 01! fflB NOltTIII/BS'l' QUAR'l'BI\ OF !rl!E NORTl!El\ST QUAR'l'ER OF SEC'rION 30, 'l'Olil!SlltP 23 NOll'l'H, l<ANGE 5 EAST, W.H., Ill XIIIG COlll!TY, WASHINGTON, I,Yl:NG Wl!STERLY OF TIIB Wl!ST MARGIN OF PRIMARY STATE lllGHWAY NO. 5, AS ESTABLISHED BY DEED RECORDED UNDER RECOR!lING NUMBER 5376810, Al!D LYING EASTERLY OF THE l!AS'l' MARGIN OF THE l!AS'l' VALLEY HIGHWAY! EXCEPT 'l'HB NORTIIERI,Y 100 FEll'l' TIIEREOl'. SI'l'TJA'l'E Ill THE COON'l'Y OF RING, IN THE S'l'A'l'B OP WASHING'l'ON. ' l-------""'IE!""---..~--• .o: ~!) e .;,;· After recording return to: Strada Da Valle LLC Attn: Ariane Elvebak 9125-10th Avenue South Seattle, Washington 98108 Pleaseprintortypeinformation WASHINGTON STATE RECORDER'S Cover Sheet (RCW6504J Document Title(s) ( or transactions contained therein): (all areas applicable to your document.!!!!!.!! be filled in) . I. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND Reference Number(s) of Documents assigned or released: None Additional reference #'son page of document Grantor(s) (Last name, first name, initials) I. STRADA DA VALLE LLC, a Washington limited liability company 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) I. STRADA DA VALLE LLC, a Washington limited liability company 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range): PTN NW~ of the NE~ of Sec 30, Twp 23N, R5E, W.M. Additional legals are on page 7 of document and attached Exhibits A through U. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 302305-9103-09 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. • .. TABLE OF CONTENTS 1. PROPERTY SUBJECT TO THIS DECLARATION-----------------------------------7 2. GENERAL DESCRIPTION OF THE EXISTING IMPROVEMENTS ON THE PROPERTY --------------------------------------------------------------------------------------------7 2.1 Existing One-Story Office Buildings------------------------------------------------------------------------------7 2.2 Existing En trance Driveways -----------------------------------------------------------------------------------8 2.2.1 Existing Lot I-Specific Entrance Driveway------------------------------------------------------------------8 2.2.2 Existing Lot I-Lot 2 Common Entrance Driveway----------------------------------------------------------8 2.2.3 Existing Lot 2-Lot 3 Common Entrance Driveway----------------------------------------------------------8 2.2.4 Existing Lot 3-Specific Entrance Driveway------------------------------------------------------------------9 3. DECLARATION OF JOINT USE DRIVEWAY EASEMENTS AND MAINTENANCE CO VEN ANTS -------------------------------------------------------------------9 3.1 Declaration of Joint Use Driveway Easement A-------------------------------------------------------------9 3.2 Declaration of Joint Use Driveway Easement B -----------------------------------------------------------------9 3.3 Declaration of Joint Use Driveway Easement C ---------------------------------------------------------10 3.4 Declaration of Joint Use Driveway Easement D ---------------------------------------------------------------11 3.5 Relationship Between Joint Use Driveway Easement A and Joint Use Driveway Easement B-------11 3.6 Relationship Between Joint Use Driveway Easement C and Joint Use Driveway Easement D-------11 3.7 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot I-Lot 2 Common Entrance Driveway on Lot 1----------------------------------------------------------------------------------------------12 3.8 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot I-Lot 2 Common Entrance Driveway on Lot 2-------------------------------------------------------------------------------------------12 3.9 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 2-Lot 3 Common Entrance Driveway on Lot 2-----------------------------------------------------------------12 3.10 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 2-Lot 3 Common Entrance Driveway on Lot 3 --------------------------------------------------------------------13 4. PARKING----------------------------------------------------------------------------------------13 DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page I Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc • .. 5. STORM WATER SYSTEM AND ASSOCIATED EASEMENTS AND MAINTENANCE COVENANTS --------------------------------------------------------13 5.1 Background Information Concerning the Existing Stormwater Detention Facility--------------------13 5.2 Background Information Concerning the Series of Common Storm Drains That Are Tributary to and/or Part of the Existing Stormwater Detention Facility--------------------------------------------------------14 5.3 Background Information Concerning a Separate Storm Drain Conveying Storm Water From a Portion of Lot 2 to Storm Drain Manhole I ---------------------------------------------------------------15 5.4 Background Information Concerning Separate Storm Drains That Are Also Tributary to the De ten lion Pond --------------------------------------------------------------------------------------------------------------15 5.5 Declaration of Detention Pond Easement and Maintenance Covenant-------------------------------15 5.6 Declarations of Storm Drain Easement A-1 (Across a Portion of Lot 1), Storm Drain Easement A-2 (Across a Portion of Lot 2), and Related Maintenance Covenant-------------------------------------------------17 5.7 Declaration of Storm Drain Easement B (Across a Portion of Lot 1) and Related Maintenance C ovenan I----------------------------------------------------------------------------------------------------------------------19 5.8 Declaration of Storm Drain Easement C (Across a Portion of Lot I) and Related Maintenance Covenant---------------------------------------------------------------------------------------------------------------------20 5.9 Declaration of Storm Drain Easement D (Across a Portion of Lot 2) and Related Maintenance Covenant----------------------------------------------------------------------------------------------------------------------22 5.10 Declaration of Storm Drain Easement E (Across a Portion of Lot 3) and Related Maintenance Covenant----------------------------------------------------------------------------------------------------------------------2 4 5.11 Declaration of Storm Drain Easement F (Across a Portion of Lot 2) and Related Maintenance Covenant----------------------------------------------------------------------------------------------------------------------26 5.12 Declaration of Covenant to Maintain Lot I's Existing East Valley Road Frontage Swales and Any Other of Lot I's Storm Drains ---------------------------------------------------------·-------------------------------28 5.13 Declaration of Covenant to Maintain Lot 2's Existing East Valley Road Frontage Swales and Any Other of Lot 2's Storm Drains ------------------------------------------------------------------------------------------28 5.14 Declaration of Covenant to Maintain Lot 3's Existing East Valley Road Frontage Swales and Any Other of Lot 3's Storm Drains --------------------------------------------------------29 6. SANITARY SEWER SYSTEM AND ASSOCIATED EASEMENTS AND MAINTENANCE COVENANTS-----------------------------------------------------------------29 6.1 Background Information Concerning the Sanitary Sewer System -----------------------------------29 DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 2 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc ·- 6.2 Declaration of Sanitary Sewer Easement I Across a Portion of Lot 2 and Related Maintenance Covenant-----------------------------------------------------------------------------------------30 6.3 Declaration of Sanitary Sewer Easement 2 Across a Portion of Lot I and Related Maintenance Covenan 1-------------------------------------------------------------------------------------------------------------------3 2 6.4 Declaration of Sanitary Sewer Easement 3 Across a Portion of Lot 1-----------------------------------34 7. WATER SYSTEM--------------------------------------------------------------------------36 8. LANDSCAPE IRRIGATION SYSTEM---------------------------------------------------36 8.1 Background Information Concerning the Landscape Irrigation System--------------------------------36 8.2 Declaration of Covenants Concerning the Portion of the Lot 3 and Partial Lot 2 Landscape Irrigation System on Lot 2 -----------------------------------------------------------------------------------------37 9. NATURAL GAS LINES AND ASSOCIATED EASEMENT AND MAINTENANCE COVENANT------------------------------------------------------------------38 9.1 Background Information Concerning the Existing Natural Gas Lines Serving the Buildings-------38 9.2 Declaration of Natural Gas Service Line Easement (Across a Portion of Lot I) and Related Maintenance Covenant ----------------------------------------------------------------------------------------------------3 8 10. ELECTRICAL POWER SERVICE LINES TO THE BUILDINGS; ASSOCIATED EASEMENTS AND MAINTENANCE COVENANTS-------------------40 10.1 Background Information Concerning the Existing Electrical Power Service Lines Serving the Buildings ----------------------------------------------------------------------------------------------------------------------40 10.2 Declaration of Electrical Service Line Easement I (Across a Portion of Lot I) and Related Maintenance Covenant ---------------------------------------------------------------------------------------------------41 10.3 Declaration of Electrical Service Line Easement 2 (Across a Portion of Lot 2) and Related Maintenance Covenant ----------------------------------------------------------------------------------------------43 10.4 Declaration of Electrical Service Line Easement 3 (Across a Portion of Lot 3) and Related Maintenance Covenant ----------------------------------------------------------------------------------------------46 11. TELECOMMUNICATIONS CONDUIT TO THE BUILDINGS; ASSOCIATED EASEMENTS AND MAINTENANCE COVENANTS--------------------------------------48 11.1 Background Information Concerning the Existing Telephone Conduit Serving the Buildings---48 DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 3 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc • i. 11.2 Declaration of Telecommunications Conduit Easement 1 (Across a Portion of Lot l) and Related Main tena nee Covenant ----------------------------------------------------------------------------------------------4 9 11.3 Declaration of Telecommunications Conduit Easement 2 (Across a Portion of Lot 2) and Related Maintenance Covenant ----------------------------------------------------------------------------------------------------51 11.4 Declaration of Telecommunications Conduit Easement 3 (Across a Portion of Lot 2) and Related Maintenance Covenant -------------------------------------------------------------------------------------------------54 12. TRASH DUMPSTER(S) AND REFUSE SERVICE---------------------------------56 13. CONCRETE PA TIO------------------------------------------------------------------------56 14. OUTDOOR LIGHTING -------------------------------------------------------------------57 14.1 General Explanation of the Existing Outdoor Lighting-------------------------------------------------57 14.2 Covenant Regarding Sharing of the Electrical Power Costs for the Walk Lights on Lot 2 -------57 14.3 Covenants Regarding Supply of Electric Power and Sharing the Cost of Electric Power for the Pole Lights on All Three of the Lots-----------------------------------------------------------------------------59 14.4 Covenants Regarding Maintenance, Operation, and Repair/Replacement of the Walk Lights and the Pole Lights on Each of the Three Lots--------------------------------------------------------------------------62 15. TIME OF THE ESSENCE-----------------------------------------------------------------63 16. TERM-----------------------------------------------------------------------------------------63 17. AMENDMENT OR MODIFICATION-------------------------------------------------63 18. DECLARATION TO RUN WITH THE LAND; SUCCESSORS-----------------63 19. RELEASE OF OBLIGATIONS----------------------------------------------------------63 20. DUTY TO RESTORE THE LAND SUBJECT TO THE EASEMENTS UPON EXERCISE OF EASEMENT RIGHTS---------------------------------------------------------64 21. IND EMNIFI CA TIO N --------------------------------------------------------64 22. ENFORCEMENT; VENUE---------------------------------------------------------------64 DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 4 ncf\24881007\EC & Rs\Dcclaration Fl (3-2-09).doc .. 23. COSTS AND FEES------------------------------------------------------------------------64 24. APPLICABLE LAW--------------------------------------------------------------------64 25. SELF HELP-----------------------------------------------------------------------------------65 26. NO TERMINATION FOR BREACH-----------------------------------------65 27. SEVERABILITY ----------------------------------------------------------------------------65 28. NOTICES -------------------------------------------------------------------------------------65 29. NO RIGHTS IN THE PUBLIC-------------------------------------------------------66 30. ESTOPPEL CERTIFICATES------------------------------------------------------------66 31. EXHIBITS ----------------------------------------------------------------------------------66 32. NO MERGER; PREREQUISITE TO TERMINATION----------------------------66 33. DA TE-------------------------------------------------------------------------------------------66 Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E-1: Exhibit E-2: Exhibit F-1: Exhibit F-2: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: LIST OF A TT ACHED LEGAL DESCRIPTION EXHIBITS Joint Use Driveway Easement Strip A Joint Use Driveway Easement Strip B Joint Use Driveway Easement Strip C Joint Use Driveway Easement Strip D Detention Pond Easement Area Detention Pond Access Easement Area Storm Drain Easement Strip A-1 Storm Drain Easement Strip A-2 Storm Drain Easement Strip B Storm Drain Easement Strip C Storm Drain Easement Strip D Storm Drain Easement Strip E Storm Drain Easement Area F DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 5 Y:\cf\2488\007\EC & Rs\Dcclaration Fl (3-2-09).doc ,, Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Exhibit P: Exhibit Q: Exhibit R: Exhibit S: Exhibit T: Exhibit U: Sanitary Sewer Easement Strip 1 Sanitary Sewer Easement Strip 2 Sanitary Sewer Easement Strip 3 Gas Easement Strip Electrical Easement Strip 1 Electrical Easement Strip 2 Electrical Easement Strip 3 Telecommunications Easement Strip 1 Telecommunications Easement Strip 2 Telecommunications Easement Strip 3 DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 6 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc .. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND STRADA DA VALLE LLC, a Washington limited liability company ("Declarant"), the undersigned owner of the property herein described, hereby imposes the following easements, covenants, and terms of agreement running with the land upon the owners and future owners of the property herein described. (This document hereinafter is referred to as the "Declaration".) 1. Property Subject to this Declaration. The property that shall be subject to the prov1s10ns of this Declaration (the "Property") is the property legally described as follows: Lots I, 2 and 3 of the Strada da Valle Short Plat, City of Renton Short Plat No. SP-, as recorded under King County Recording No.------------ In this Declaration, those three lots are individually referred to as "Lot l ", "Lot 2" and "Lot 3" and are collectively referred to as the "Lots". If and when sold and/or conveyed, each of the Lots shall be sold and/or conveyed subject to this Declaration. This Declaration shall be binding upon each owner of one or more Lots ( each an "Owner"), all mortgagees, all deed of trust beneficiaries, and all holders of any easement or other rights or interest in the Property that arise after the recording of this Declaration. 2. General Description of the Existing Improvements on the Property. The Property is already developed with three one-story office buildings and associated outdoor parking lots, driveways, landscaping, a stormwater detention facility ( comprised of both a detention pond in Lot 3 near that lot's south edge and a series of below-driveway-surface storm drain detention pipes and storm drain manholes in portions of Lots I, 2 and 3 ), underground utilities, pole lights, and an outdoor patio area that straddles a portion of the common lot line between Lots 1 and 2 (said patio is located generally between Buildings A and B). The three existing one-story office buildings are further described below. The approximate locations of certain of the existing improvements on the ground surface of the Lots are depicted on Sheets I of 4 and 2 of 4 of the record of survey that has been recorded in Volume_ of Surveys, Pages_ through_ under King County Recording No. contemporaneously with the recording of this Declaration. (All four sheets of that recorded record of survey are collectively referred to in this Declaration as the "Record of Survey".) 2.1 Existing One-Story Office Buildings. One of the three buildings ("Building A") is located on Lot 1 and has a street address of 2300 East Valley Road. That DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND--Page 7 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc • building encompasses an area of 52,845 square feet, more or less, to the outside edges of its outer walls. Another one of the three buildings ("Building B") is located on Lot 2 and has a street address of 2400 East Valley Road. That building encompasses an area of 56,508 square feet, more or less, to the outside edges of its outer walls. The other one of the three buildings ("Building C") is located on Lot 3 and has a street address of 2500 East Valley Road. That building encompasses an area of 134,704 square feet, more or less, to the outside edges of its outer walls. 2.2 Existing Entrance Driveways. The following four existing entrance driveways currently provide vehicular access from East Valley Road to the Lots. 2.2.1 Existing Lot I-Specific Entrance Driveway. The northerlymost entrance driveway (the "Existing Lot I-Specific Entrance Driveway", which is labeled thus on Sheet I of 4 of the Record of Survey) is intended only for the use and benefit of the Owners of Lot I and their tenants, invitees, and licensees. Use of that entrance driveway by the Owners of Lots 2 and 3 and their respective tenants, invitees, and licensees is hereby prohibited without the expressed written consent of the Owners of Lot I. 2.2.2 Existing Lot I-Lot 2 Common Entrance Driveway. An existing entrance driveway lying approximately perpendicular to the east edge of East Valley Road straddles a westerly portion of the common lot line between Lots I and 2, as depicted on Sheet I of 4 of the Record of Survey, and extends throughout Joint Use Driveway Easement Strip A defined in Section 3.1, below, and throughout Joint Use Driveway Easement Strip B defined in Section 3.2, below (said driveway is referred to in this Declaration as the "Existing Lot I-Lot 2 Common Entrance Driveway"). That entrance driveway is intended only for the use and benefit of the Owners of Lots I and 2 and their respective tenants, invitees, and licensees. Use of that entrance driveway by the Owners of Lot 3 and their tenants, invitees, and licensees is hereby prohibited without the expressed written consent of the Owners of Lots I and 2. 2.2.3 Existing Lot 2-Lot 3 Common Entrance Driveway. An existing entrance driveway lying approximately perpendicular to East Valley Road straddles a westerly portion of the common lot line between Lots 2 and 3, as depicted on Sheet 2 of 4 of the Record of Survey, and extends throughout Joint Use Driveway Easement Strip C defined in Section 3.3, below, and throughout Joint Use Driveway Easement Strip D defined in Section 3.4, below (said driveway is referred to as the "Existing Lot 2-Lot 3 Common Entrance Driveway"). That entrance driveway is intended only for the use and benefit of the Owners of Lots 2 and 3 and their respective tenants, invitees, and licensees. Use of that entrance DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 8 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc driveway by the Owners of Lot I and their invitees and licensees is hereby prohibited without the expressed written consent of the Owners of Lots 2 and 3. 2.2.4 Existing Lot 3-Specific Entrance Driveway. The southerlymost entrance driveway (the "Existing Lot 3-Specific Entrance Driveway", which is labeled thus on Sheet 2 of 4 of the Record of Survey) is intended only for the use and benefit of the Owners of Lot 3 and their tenants, invitees, and licensees. Use of that entrance driveway by the Owners of Lots I and 2 and their respective tenants, invitees, and licensees is hereby prohibited without the expressed written consent of the Owners of Lot 3. 3. Declaration of Joint Use Driveway Easements and Maintenance Covenants. The Declarant hereby grants and declares the following easements and covenants: 3.1 Declaration of Joint Use Driveway Easement A. The Declarant hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot I that is legally described on Exhibit A, attached. (Said easement is referred to in this Declaration as "Joint Use Driveway Easement A" and said strip of Lot I is referred to in this Declaration as "Joint Use Driveway Easement Strip A", which strip is graphically depicted and labeled as such in a detail on the top portion of Sheet I of 4 of the Record of Survey.) This easement is for the following purposes: (a) Vehicular ingress from East Valley Road to Lot 2 (in common with vehicular ingress from East Valley Road to Lot I); (b) Vehicular egress from Lot 2 to East Valley Road (in common with vehicular egress from Lot I to East Valley Road); and (c) Maintenance and repair of the portion of the Existing Lot I-Lot 2 Common Entrance Driveway lying within Joint Use Driveway Easement Strip A. This easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot I encompassed by the Joint Use Driveway Easement Strip A, (b) be binding upon the Owner( s) of the portion of Lot I encompassed by Joint Use Driveway Easement Strip A and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 3.2 Declaration of Joint Use Driveway Easement 8. The Declarant hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot 2 that is legally described on Exhibit B, attached. (Said easement is referred to in this Declaration as "Joint Use Driveway Easement B" and said strip of Lot 2 is referred to in this DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 9 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc • Declaration as "Joint Use Driveway Easement Strip B", which strip is graphically depicted and labeled as such in a detail on the top portion of Sheet I of 4 of the Record of Survey.) This easement is for the following purposes: (a) Vehicular ingress from East Valley Road to Lot I (in common with vehicular ingress from East Valley Road to Lot 2); (b) Vehicular egress from Lot I to East Valley Road (in common with vehicular egress from Lot 2 to East Valley Road); and ( c) Maintenance and repair of the portion of the Existing Lot I-Lot 2 Common Entrance Driveway in Joint Use Driveway Easement Strip B. This easement shall (a) run with the land, benefiting Lot I and burdening the portion of Lot 2 encompassed by the Joint Use Driveway Easement Strip B, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Joint Use Driveway Easement Strip B and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns. 3.3 Declaration of Joint Use Driveway Easement C. The Declarant hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot 2 that is legally described on Exhibit C, attached. (Said easement is referred to in this Declaration as "Joint Use Driveway Easement C" and said strip of Lot 2 is referred to in this Declaration as "Joint Use Driveway Easement Strip C," which strip is graphically depicted and labeled as such in a detail on the top portion of Sheet I of 4 of the Record of Survey.) This easement is for the following purposes: (a) Vehicular ingress from East Valley Road to Lot 3 (in common with vehicular ingress from East Valley Road to Lot 2); (b) Vehicular egress from Lot 3 to East Valley Road (in common with vehicular egress from Lot 2 to East Valley Road); and (c) Maintenance and repair of the portion of the Existing Lot 2-Lot 3 Common Entrance Driveway lying within Joint Use Driveway Easement Strip C. This easement shall (a) run with the land, benefiting Lot 3 and burdening the portion of Lot 2 encompassed by the Joint Use Driveway Easement Strip C, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Joint Use Driveway Easement Strip B and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 10 Y:\ct\24881007\EC & Rs\Declaration Fl (3-2-09).doc of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 3.4 Declaration of Joint Use Driveway Easement D. The Declarant hereby grants and declares a nonexclusive easement over, along, and across the strip of Lot 3 that is legally described on Exhibit D, attached. (Said easement is referred to in this Declaration as "Joint Use Driveway Easement D" and said strip of Lot 3 is referred to in this Declaration as "Joint Use Driveway Easement Strip D," which strip is graphically depicted and labeled as such in a detail on the top portion of Sheet I of 4 of the Record of Survey.) This easement is for the following purposes: (a) Vehicular ingress from East Valley Road to Lot 2 (in common with vehicular ingress from East Valley Road to Lot 3); (b) Vehicular egress from Lot 2 to East Valley Road (in common with vehicular egress from Lot 3 to East Valley Road); and (c) Maintenance and repair of the portion of the Existing Lot 2-Lot 3 Common Entrance Driveway lying within Joint Use Driveway Easement Strip D. This easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot 3 encompassed by the Joint Use Driveway Easement Strip D, (b) be binding upon the Owner(s) of the portion of Lot 3 encompassed by Joint Use Driveway Easement Strip D and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 3.5 Relationship Between Joint Use Driveway Easement A and Joint Use Driveway Easement B. Joint Use Driveway Easement A and Joint Use Driveway Easement 8 are together intended to provide for joint use of the Existing Lot I-Lot 2 Common Entrance Driveway so that both (a) the Owner(s) of Lot I and their tenants, invitees, and licensees can use the portions of that existing driveway in both Joint Use Driveway Easement Strip A and Joint Use Driveway Easement Strip 8 and (b) the Owner(s) of Lot 2 and their tenants, invitees, and licensees can use the portions of the existing driveway in both Joint Use Easement Driveway Strip A and Joint Use Driveway Easement Strip 8. (Except as may otherwise be expressly set forth in this Declaration, the Owner(s) of Lot 3 shall have no right to make any use of Joint Use Driveway Easement Strip A and Joint Use Driveway Easement Strip 8.) 3.6 Relationship Between Joint Use Driveway Easement C and Joint Use Driveway Easement D. Joint Use Driveway Easement C and Joint Use Driveway DECLARA Tl ON OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 11 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Easement Dare together intended to provide for joint use of the Existing Lot 2-Lot 3 Common Entrance Driveway so that both (a) the Owner(s) of Lot 3 and their tenants, invitees, and licensees can use the portion of the existing driveway in both Joint Use Driveway Easement Strip C and Joint Use Driveway Easement Strip D and (b) the Owner(s) of Lot 4 and their tenants, invitees, and licensees can use the portions of the existing driveway in both Joint Use Driveway Easement Strip C and Joint Use Driveway Easement Strip D. (Except as may otherwise be expressly set forth in this Declaration, the Owner(s) of Lot I shall have no right to make any use of Joint Use Driveway Easement Strip C and Joint Use Driveway Easement Strip D.) 3.7 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 1-Lot 2 Common Entrance Driveway on Lot 1. The Owner( s) of Lot I, at their expense, shall have an obligation to the Owner(s) of Lot 2 to maintain and repair when necessary the portion of the Existing Lot I-Lot 2 Common Entrance Driveway in Joint Use Driveway Easement Strip A so as to keep that portion in good condition. This obligation shall (a) be deemed to be a covenant running with the land, benefiting Lot 2 and burdening the portion of Lot I encompassed by the Joint Use Driveway Easement Strip A, (b) be binding upon the Owner(s) of the portion of Lot I encompassed by Joint Use Driveway Easement Strip A and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 3.8 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 1-Lot 2 Common Entrance Driveway on Lot 2. The Owner(s) of Lot 2, at their expense, shall have an obligation to the Owner( s) of Lot I to maintain and repair when necessary the portion of the Existing Lot I-Lot 2 Common Entrance Driveway in Joint Use Driveway Easement Strip 8 so as to keep that portion in good condition. This obligation shall (a) be deemed to be a covenant running with the land, benefiting Lot I and burdening the portion of Lot 2 encompassed by the Joint Use Driveway Easement Strip 8, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Joint Use Driveway Easement Strip 8 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns. 3.9 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 2-Lot 3 Common Entrance Driveway on Lot 2. The Owner(s) of Lot 2, at their expense, shall have an obligation to the Owner(s) of Lot 3 to maintain and repair when necessary the portion of the Existing Lot 2-Lot 3 Common Entrance Driveway in Joint Use Driveway Easement Strip C so as to keep that portion in good condition. This obligation shall (a) be deemed to be a covenant running with the land, benefiting Lot 3 and burdening the portion of Lot 2 encompassed by the Joint Use Driveway Easement Strip C, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Joint Use Driveway Easement DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 12 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Strip C and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 3.10 Declaration of Maintenance Covenant Concerning the Portion of the Existing Lot 2-Lot 3 Common Entrance Driveway on Lot 3. The Owner(s) of Lot 3, at their expense, shall have an obligation to the Owner(s) of Lot 2 to maintain and repair when necessary the portion of the Existing Lot 2-Lot 3 Common Entrance Driveway in Joint Use Driveway Easement Strip D so as to keep that portion in good condition. This obligation shall (a) be deemed to be a covenant running with the land, benefiting Lot 2 and burdening the portion of Lot 3 encompassed by the Joint Use Driveway Easement Strip D, (b) be binding upon the Owner(s) of the portion of Lot 3 encompassed by Joint Use Driveway Easement Strip D and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors and assigns. 4. Parking. The existing parking stalls on Lots I, 2 and 3 are depicted on Sheets 1 of 4 and 2 of 4 of the Record of Survey. An adequate number of existing parking stalls for the existing office use of the existing building on each Lot lie in each such Lot to comply with now-current applicable City of Renton parking regulations. Accordingly, no cross-parking easements are provided in this Declaration and, except to the extent as may otherwise by specifically provided in this Declaration or in any subsequent document(s) amending this Declaration, (a) the Owner(s) of Lot I and their tenants, invitees, and licensees shall have no right to use any of the parking stalls or driveways on Lots 2 and 3, (b) the Owner(s) of Lot 2 and their tenants, invitees, and licensees shall have no right to use any of the parking stalls or driveways on Lots I and 3, and (c) the Owner(s) of Lot 3 and their tenants, invitees, and licensees shall have no right to use any of the parking stalls or driveways on Lots I and 2. 5. Storm Water System and Associated Easements and Maintenance Covenants. 5.1 Background Information Concerning the Existing Stormwater Detention Facility. The existing stormwater detention facility [the "Existing Stormwater Detention Facility", which is comprised of (a) the detention pond (hereinafter referred to as the "Detention Pond") located in Lot 3 near that lot's south edge, (b) a series of below- driveway-surface storm drain detention pipes and a series of connecting storm drain manholes in portions of Lots I, 2 and 3, and (c) existing drainage swales that straddle portions of the Property's west (East Valley Road) boundary line] serves the existing development on all three of the Lots. Sheet 2 of 4 of the Record of Survey depicts and labels the Detention Pond as a "GRASS LINED DETENTION POND". The Detention Pond is depicted on Sheet 2 of 4 of the Record of Survey. Sheet I of 4 and Sheet 2 of 4 of the Record of Survey depict both (a) the aforementioned series of below-driveway-surface storm drain DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 13 Y:\cf\24881007\EC & Rs\Declaration Fl (J-2-09).doc detention pipes and storm drain manholes and (b) the aforementioned ex1stmg drainage swales (which are simply noted thereon as "SW ALE"). The Existing Stormwater Detention Facility discharges into a public storm drain pipe system located in East Valley Road to the west of Building B's west entrance. 5.2 Background Information Concerning the Series of Common Storm Drains That Are Tributary to and/or Part of the Existing Stormwater Detention Facility. An existing catch basin is currently located in the existing concrete patio lying between Building A and Building B at a point on the Lot I-Lot 2 common lot line. (See the depiction of the location of that catch basin in the patio on Sheets I of 4 and 3 of 4 of the Record of Survey.) That existing catch basin, which accepts storm water runoff from a portion of Lot 2 and from a portion of Lot I, is the uppermost point of the common storm drain system" lying anywhere in Lots I or 2. That existing catch basin is connected to a storm drain that extends generally west-northwest into Lot 1, where the storm drain connects into an existing (downstream) storm drain manhole ("Storm Drain Manhole I"). (An easement for the portion of that existing catch basin and storm drain in Lot 1 and an easement for the portion of that existing catch basin and storm drain in Lot 2 are the subjects of Section 5.6, below.) Storm Drain Manhole I in tum connects to a series of storm drains and storm drain manholes to the south that are components of the Existing Stormwater Detention Facility, a series that (a) extends south to the Lot I-Lot 2 common boundary (an easement for Storm Drain Manhole I and the portion of that series to the south in Lot I down to the Lot I-Lot 2 common boundary is the subject of Section 5.8, below), (b) then continues generally south in a portion of Lot 2 ( an easement for the portion of that series in Lot 2 is the subject of Section 5.9, below) and (c) then continues further generally south in a portion of Lot 3 connecting with the Detention Pond at the pond's west end (an easement for the portion of that series in Lot 3 is the subject of Section 5.10, below). Within Lot 2's paved drive aisle to the west of Building B's west-facing building entrance, one of the manholes in the above-described series of storm drains and storm drain manholes (said manhole is hereinafter referred to as the "Central Storm Manhole" and labeled as such on Sheet I of 4 of the Record of Survey) has a discharge pipe that extends to the west into an interconnected system of storm drain manholes ( one of which includes a discharge rate control restrictor), storm drains, and an oil/water separator (those storm drain manholes and storm drains and that oil/water separator are collectively referred to herein as the "Storm Drainage Discharge System"), including an ultimate discharge storm drain that connects into a public storm drain pipe system located in East Valley Road. [An easement for the Storm Drainage Discharge System (beginning with the Central Storm Manhole and extending to East Valley Road) is the subject of Section 5.11, below.] ' The phrase "common storm drain system" as used in this Declaration refers to the portion(s) of the storm drain system intended to convey and/or detain stormwater runoff generated by more than just one of the Lots. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 14 Yc\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc 5.3 Background Information Concerning a Separate Storm Drain Conveying Storm Water From a Portion of Lot 2 to Storm Drain Manhole 1. A storm drain that conveys storm water runoff only from a portion of Lot 2 lies beneath and generally across the northwesterly portion of Lot 2, as well as beneath and across a portion of Lot I where that storm drain makes a discharge connection with Storm Drain Manhole I. (An easement for the portion of that storm drain in Lot I is the subject of Section 5.7, below.) 5.4 Background Information Concerning Separate Storm Drains That Are Also Tributary to the Detention Pond. A separate storm drain beneath the parking lot lying to the east side of Building C connects at a storm drain manhole with yet another separate storm drain that exists beneath roughly the easterly half of the parking lot south of Building C. A discharge storm drain extends to the southwest from that storm drain manhole and connects to the Detention Pond at the pond's northeasterly comer as generally depicted on Sheet 2 of 4 of the Record of Survey. (No storm drain easements are necessary or provided in regard to the storm drains described in this Section 5 .4 because they receive and convey storm water runoff from Lot 3 only, not runoff from Lots I or 2.) 5.5 Declaration of Detention Pond Easement and Maintenance Covenant. The Declarant hereby grants and declares both: (A) A nonexclusive easement over, along, and across the portion of Lot 3 (the "Detention Pond Easement Area") that is legally described on Exhibit E-1, attached (said easement is referred to in this Declaration as the "Detention Pond Easement") for the use, inspection, maintenance, and repair of the Detention Pond for the benefit of Lots I and 2 in common with Lot 3's use, inspection, maintenance, and repair of the Detention Pond; and (8) A nonexclusive easement over, along, and across the portion of Lot 3 (the "Detention Pond Access Easement Area") that is legally described on Exhibit E-2, attached (said easement is referred to in this Declaration as the "Detention Pond Access Easement") for access to and from the Detention Pond for inspection, maintenance, and repair of the pond for the benefit of Lots I and 2 [ and because the Detention Pond Access Easement Area crosses two existing parking stalls, at least ten (10) business days' prior written notice shall be provided to the Owner(s) of Lot 3 concerning any planned access for Detention Pond maintenance or repairb, such notice must state the period of the planned b No prior written notice is required for access for inspection only; PROVIDED, HOWEVER, that, in the event that the two parking stalls within the Detention Pond Access Easement Area are occupied by parked vehicles at the time of inspection, only pedestrian access for inspection shall be authorized by the Detention Pond Access Easement and the parked vehicles in those two stalls shall not be disturbed in any way by the access. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND--Page 15 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc access (not to exceed ten (10) consecutive days), and the Owner(s) of Lot 3 shall be responsible to make sure that no vehicles are parked in the Detention Pond Access Strip during those specified periods of time, failing which, the Owner(s) of Lot I and/or the Owner(s) of Lot 2, as the case may be, shall be entitled to have any vehicles parked in the Detention Pond Access Strip towed to an impoundment yard at the risk and expense of the Owner( s) of Lot 3]; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot 3 shall have the right at any time upon the prior approval of the City of Renton to modify or eliminate the Detention Pond and modify or eliminate the existing paved access to the Detention Pond in the Detention Pond Access Easement Area if and to the extent that: (a) the modification of or a substitute for the Detention Pond is provided either in the Detention Pond Easement Area or elsewhere in Lot 3 so that adequate stormwater detention capability is provided for the existing development on Lots I and 2 and for any modifications to the existing development on Lot 3; (b) the modified or substitute stormwater detention facility is designed with a minimum 15-foot-wide paved access strip from East Valley Road to the edge of the facility for maintenance purposes (or, if wider, such minimum paved access strip as the City of Renton may require); and (c) the design of the modified or substitute system and paved access strip is approved by the City of Renton; and (2) If and to the extent that the modification of or substitution for the Detention Pond is provided elsewhere in Lot 3 and if the completed construction of the modification or substitution and the paved access strip to it have been approved by the City of Renton, then the Owner(s) of Lot 3 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgagees, deed of trust beneficiaries, or other lien holders having an interest in Lot 3 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument (a) amending the Detention Pond Easement to relocate the Detention Pond Easement Area for the benefit of Lots I and 2 over, under, along, and across the area encompassing and extending a DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 16 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc minimum of five ( 5) feet around the outer perimeter of the modified or substitute stormwater detention system element(s) and/or (b) amending the Detention Pond access Easement to relocate the Detention Pond Access Easement Area for the benefit of Lots I and 2 over, under, along, and across an area encompassing and extending a minimum of two (2) feet around the outer perimeter of the paved access strip to the edge of the relocated Detention Pond Easement Area, as the case may be, each of which areas shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the terms of the above-stated proviso, this easement shall (a) run with the land, benefiting Lots I and 2 and burdening the portions of Lot 3 encompassed by the Detention Pond Easement Area and the Detention Pond Access Easement Area, (b) be binding upon the Owner( s) of the portion of Lot 3 encompassed by the Detention Pond Easement Area and the Detention Pond Access Easement Area and those Owner( s )' respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 3, at their expense, to maintain and repair as necessary the Detention Pond (and any modification(s) or substitute(s) thereto) to keep it (and any modification(s) or substitute(s) thereto) in proper working order. This covenant shall (a) run with the land, benefiting Lots I and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 2 and their respective personal representatives, heirs, successors, and assigns. 5.6 Declarations of Storm Drain Easement A-1 (Across a Portion of Lot 1}, Storm Drain Easement A-2 (Across a Portion of Lot 2). and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the JO-foot-wide strip of a portion of Lot 1 (hereinafter "Storm Drain Easement Strip A-1 ") that is legally described on Exhibit F-1, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement A-1 ") for the use, maintenance, and repair of the common catch basin and underground storm drain referred to in the first paragraph of Section 5.2, above, that lie within Storm Drain Easement Strip A-1 for the benefit of Lot 2 in common with Lot J's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot I shall have the right at any time, upon the prior written approval of the City of Renton, to install a substitute catch basin DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 17 Y:\ct\2488\007\EC & Rs\Declaration Fl (3-2-09).doc and storm drain system within Storm Drain Easement Strip A-1 (or elsewhere within Lot 1) that will accept and convey the stormwater from the portion of Lot 2 that currently drains into Lot I if: (a) the substitute system is designed to accept and convey the stormwater from Lot 2 that drains into the existing catch basin at the east end of Storm Drain Easement Strip A-1; (b) the substitute system discharges into Storm Drain Manhole 1; ( c) the substitute system lies beneath a paved area; and ( d) construction drawings for the design of the substitute system have been approved by the City of Renton; and (2) If the substitute catch basin and storm drain system is located elsewhere in Lot I and if the completed construction of the substitute system has been approved by the City of Renton, then the Owner( s) of Lot I shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot I to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Storm Drain Easement A-1 to relocate Storm Drain Easement Strip A-1 for the benefit of Lot 2 to a location over, under, along, and across the 10-foot-wide strip of Lot I that is centered along the substitute storm drain(s) comprising the system, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot I encompassed by Storm Drain Easement Strip A-1, (b) be binding upon the Owner(s) of the portion of Lot I encompassed by Storm Drain Easement Strip A-1 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the portion of Lot 2 (hereinafter "Storm Drain Easement Strip A- 2") that is legally described on Exhibit F-2, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement A- 2") for the use, maintenance, and repair of the common catch basin and underground storm DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 18 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc drain referred to in the first paragraph of Section 5.2, above, that lie in Storm Drain Easement Strip A-2 for the benefit of Lot 1 in common with Lot 2's use, maintenance, and repair thereof. This easement shall (a) run with the land, benefiting Lot 1 and burdening the portion of Lot 2 encompassed by Storm Drain Easement Strip A-2, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Storm Drain Easement Strip A-2 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and assigns. Further, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the underground storm drain pipes and appurtenances in Storm Drain Easement Strips A-1 and A-2 (and any relocation(s) thereof) to keep those pipes and appurtenances (and any modification(s) or substitute(s) thereto) in proper working order (including, without limitation, any of the Property's required stormwater detention volume provided thereby). This covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot I, (b) be binding upon the Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns. 5.7 Declaration of Storm Drain Easement B (Across a Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the JO-foot-wide strip of a portion of Lot 1 (hereinafter "Storm Drain Easement Strip B") that is legally described on Exhibit G, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement 8") for the use, maintenance, and repair of the catch basin and underground storm drain referred to in Section 5.3, above, that lie in Storm Drain Easement Strip 8 for the benefit of Lot 2. This easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot 1 encompassed by Storm Drain Easement Strip 8, (b) be binding upon the Owner(s) of the portion of Lot I encompassed by Storm Drain Easement Strip 8 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner( s) of Lot I, at their expense, to maintain and repair as necessary the underground storm drain pipe and appurtenances in Storm Drain Easement Strip 8 (and any relocation(s) thereof) to keep that pipe and appurtenances (and any modification(s) or substitute(s) thereto) in proper working order (including, without limitation, any of the Property's required stormwater detention volume provided thereby). This covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot I, (b) be binding upon the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 19 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns. 5.8 Declaration of Storm Drain Easement C (Across a Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the 15-foot-wide strip ofa portion of Lot 1 (hereinafter "Storm Drain Easement Strip C") that is legally described on Exhibit H, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement C") for the use (including, without limitation, the use for storm water conveyance and detention purposes), maintenance, and repair of Storm Drain Manhole 1 and the underground storm drain referred to in clause (a) of the second paragraph of Section 5.2, above, that lie in Storm Drain Easement Strip C for the benefit of Lots 2 and 3 in common with Lot l's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (1) The Owner(s) of Lot I (with the prior written consent of the Owner(s) of Lot 2) shall have the right at any time, upon the prior written approval of the City of Renton, to install in Storm Drain Easement Strip C or elsewhere in Lot I a substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements to replace existing Storm Drain Manhole 1 and the existing underground storm drain in Storm Drain Easement Strip C if: (a) the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements are properly designed to accept and convey the stormwater from Lots I, 2 and 3 tributary to and maintaining a connection at the existing storm drain lying at the extreme north end of Storm Drain Easement Strip D (a strip of Lot 2 that is described in Section 5.9, below); (b) the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements are designed to be located in a paved area that will afford reasonable access thereto for maintenance and repair purposes; (c) adequate detention volume is provided to (i) replace the existing detention volume provided by Storm Drain Manhole 1 and the existing underground storm drain in Storm Drain Easement Strip C and (ii) fulfill any additional detention volume requirement specified by the City of Renton on account of any modifications to the existing development on Lot I; and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 20 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc ( d) construction drawings for the design of the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements and the paved access area have been approved by the City of Renton; and (2) If the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements are located elsewhere in Lot 1, and if the completed construction of the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements and of the paved access area has been approved by the City of Renton, then, then the Owner(s) of Lot 1 shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 1 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Storm Drain Easement C to relocate Storm Drain Easement Strip C for the benefit of Lots 2 and 3 over, under, along, and across the area in Lot 1 encompassing and extending across a strip of land that is a minimum of five (5) feet around the outer perimeter of the layout of the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements (but in no event less than 15 feet in width), which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots 2 and 3 and burdening the portion of Lot 1 encompassed by Storm Drain Easement Strip C, (b) be binding upon the Owner( s) of the portion of Lot 1 encompassed by Storm Drain Easement Strip C and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 1, at their expense, to maintain and repair as necessary the underground storm drain pipe and appurtenances in Storm Drain Easement Strip C (and any relocation(s) thereof) to keep that pipe and appurtenances (and any modification(s) or substitute(s) thereto) in proper working order (including, without limitation, any of the Property's required stormwater detention volume provided thereby). This covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot 1, (b) be binding upon the Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 21 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc 5.9 Declaration of Storm Drain Easement D (Across a Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the 15-foot-wide strip ofa portion of Lot 2 (hereinafter "Storm Drain Easement Strip D") that is legally described on Exhibit I, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement D") for the use (including, without limitation, the use for stormwater conveyance and detention), maintenance, and repair of the common storm manholes and underground storm drains referred to in clause (b) of the second paragraph of Section 5.2, above, that lie in Storm Drain Easement Strip D for the benefit of Lots I and 3 in common with Lot 2's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (1) The Owner(s) of Lot 2 shall have the right at any time, upon the prior written approval of the City of Renton, to install in Storm Drain Easement Strip D (or elsewhere in Lot 2) substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements to replace the existing storm drain manholes and underground storm drains in Storm Drain Easement Strip D if: (a) the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements are properly designed to accept and convey the stormwater from Lots 1, 2 and 3 tributary to and maintaining a connection with both (i) the existing storm drain at the extreme south end of Storm Drain Easement Strip C (a strip of Lot I that is described in Section 5.8, above) and (ii) the existing storm drain at the extreme north end of Storm Drain Easement Strip E (a strip of Lot 3 that is described in Section 5.10, below); (b) the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements are designed to be located in a paved area that will afford reasonable access thereto for maintenance and repair purposes; ( c) adequate detention volume is provided to (i) replace the existing detention volume provided by the existing storm drain manholes and the existing underground storm drains in Storm Drain Easement Strip D and (ii) fulfill any additional detention volume requirements specified by the City of Renton on account of any modifications to the existing development on Lot 2; and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 22 Y:\cf\2488\007\EC & Rs\Declaration Fl (3·2·09).doc ( d) construction drawings for the design of the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements and the paved access area have been approved by the City of Renton; and (2) If the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements are located elsewhere in Lot 2 and if the completed construction of the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements and of the paved access area has been approved by the City of Renton, then the Owner(s) of Lot 2 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Storm Drain Easement D to relocate Storm Drain Easement Strip D for the benefit of Lots 1 and 3 over, under, along, and across the area in Lot 2 encompassing and extending across a strip ofland that is a minimum of five (5) feet around the outer perimeter of the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements (but in no event less than 15 feet in width), which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots I and 3 and burdening the portion of Lot 2 encompassed by Storm Drain Easement Strip D, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Storm Drain Easement Strip D and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner( s) of Lot 2, at their expense, to maintain and repair as necessary the underground storm drain pipes and appurtenances in Storm Drain Easement Strip D (and any relocation(s) thereof) to keep those pipes and appurtenances (and any modification(s) or substitute(s) thereto) in proper working order (including, without limitation, any of the Property's required stormwater detention volume provided thereby). This covenant shall (a) run with the land, benefiting Lots I and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 3 and their respective personal representatives, heirs, successors, and assigns. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 23 Y:lcf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc 5.10 Declaration of Storm Drain Easement E (Across a Portion of Lot 3) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the IS-foot-wide strip ofa portion of Lot 3 (hereinafter "Storm Drain Easement Strip E") that is legally described on Exhibit J, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement E") for the use (including, without limitation, the use for stormwater conveyance and detention), maintenance, and repair of the common storm manholes and underground storm drains referred to in clause (c) of the second paragraph of Section 5.2, above, that lie in Storm Drain Easement Strip E for the benefit of Lots I and 2 in common with Lot 3's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (!) The Owner(s) of Lot 3 shall have the right at any time, upon the prior written approval of the City of Renton, to install in Storm Drain Easement Strip E ( or elsewhere in Lot 3) substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements to replace the existing storm drain manholes and underground storm drains in Storm Drain Easement Strip E if: (a) the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements are properly designed to accept and convey the stormwater from Lots 1, 2 and 3 tributary to and maintaining a connection with the existing storm drain at the extreme south end of Storm Drain Easement Strip D (a strip of Lot 2 that is described in Section 5.9, above); (b) the substitute storm drain manhole and underground storm drain and/or other suitable drainage system elements are designed to be located in a paved area that will afford reasonable access thereto for maintenance and repair purposes; ( c) adequate detention volume is provided to (i) replace the existing detention volume provided by the existing storm drain manholes and the existing underground storm drains in Storm Drain Easement Strip E and (ii) provide any additional detention volume required by the City of Renton on account of any modifications to the existing development on Lot 3; and ( d) construction drawings for the design of the substitute storm drain manholes and underground storm drains and/or other suitable DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 24 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc drainage system elements and paved access area have been approved by the City of Renton; and (2) If the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements are located elsewhere in Lot 3 and if the completed construction of the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements has been approved by the City of Renton, then the Owner(s) of Lot 3 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 3 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Storm Drain Easement E to relocate Storm Drain Easement Strip E for the benefit of Lots I and 2 over, under, along, and across the area in Lot 3 encompassing and extending across a strip of land that is a minimum of five ( 5) feet around the outer perimeter of the substitute storm drain manholes and underground storm drains and/or other suitable drainage system elements (but in no event less than 15 feet in width), which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots I and 2 and burdening the portion of Lot 3 encompassed by Storm Drain Easement Strip E, (b) be binding upon the Owner(s) of the portion of Lot 3 encompassed by Storm Drain Easement Strip E and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 3, at their expense, to maintain and repair as necessary the underground storm drain pipes and appurtenances in Storm Drain Easement Strip E (and any relocation(s) thereof) to keep those pipes and appurtenances (and any modification(s) or substitute(s) thereto) in proper working order (including, without limitation, any of the Property's required stormwater detention volume provided thereby). This covenant shall (a) run with the land, benefiting Lots I and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 2 and their respective personal representatives, heirs, successors, and assigns. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 25 Yc\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc 5.11 Declaration of Storm Drain Easement F (Across a Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the portion of Lot 2 (hereinafter "Storm Drain Easement Area F") that is legally described on Exhibit K, attached, and depicted on Sheet 3 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Storm Drain Easement F") for the use (including, without limitation, the use for stormwater conveyance, detention and oil/water separation purposes), maintenance, and repair of the common storm manholes and underground storm drains and oil/water separator referred to in the third paragraph of Section 5.2, above, that lie in Storm Drain Easement Area F for the benefit of Lots 1 and 3 in common with Lot 2's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (1) The Owner(s) of Lot 2 shall have the right at any time, upon the prior written approval of the City of Renton, to install in Storm Drain Easement Area F ( or elsewhere in Lot 2) substitute storm drain manholes, underground storm drains, oil/water separator(s), and/or other suitable drainage system elements to replace the existing common storm manholes and underground storm drains and oil/water separator in Storm Drain Easement Area F if: (a) the substitute storm drain manholes, underground storm drains, oil/water separator(s), and/or other suitable drainage system elements are properly designed to accept and convey the stormwater from Lots 1, 2, and 3 tributary to and maintaining a connection with both (i) the existing storm drain at the extreme south end of Storm Drain Easement Strip C (a strip of Lot I that is described in Section 5.8, above) and (ii) the existing storm drain at the extreme north end of Storm Drain Easement Strip E (a strip of Lot 3 that is described in Section 5.10, above); (b) the substitute storm drain manholes, underground storm drains, oil/water separator(s) and/or other suitable drainage system elements are designed to be located in a paved area that will afford reasonable access thereto for maintenance and repair purposes; ( c) adequate detention volume is provided to (i) replace the existing detention volume provided by the existing storm drain manholes and the existing underground storm drains in Storm Drain Easement Area F and (ii) fulfill any additional detention volume requirements specified by the City of Renton on account of any modifications to the existing development on Lot 2; and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 26 ncf\24881007\EC & Rs\Declaration Fl (3-2-09).doc ( d) construction drawings for the design of the substitute storm drain manholes, underground storm drains, oil/water separator(s) and/or other suitable drainage system elements and the paved access area have been approved by the City of Renton; and (2) If the substitute storm drain manholes, underground storm drains, oil/water separator(s) and/or other suitable drainage system elements are located elsewhere in Lot 2 and if the completed construction of the substitute storm drain manholes, underground storm drains, oil/water separator(s), and/or other suitable drainage system elements and of the paved access area has been approved by the City of Renton, then the Owner(s) of Lot 2 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Storm Drain Easement F to relocate Storm Drain Easement Area F for the benefit of Lots 1 and 3 over, under, along, and across the area in Lot 2 encompassing and extending a minimum of five ( 5) feet around the outer perimeter of the substitute storm drain manholes, underground storm drains, oil/water separator(s), and/or other suitable drainage system elements, which area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots 1 and 3 and burdening the portion of Lot 2 encompassed by Storm Drain Easement Area F, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Storm Drain Easement Area F and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot l and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the underground storm drain pipes, and oil/water separator, and other appurtenances in Storm Drain Easement Area F (and any relocation(s) thereof) to keep those pipes, that and oil/water separator, and all other appurtenances (and any modification(s) or substitute(s) thereto) in proper working order (including, without limitation, any of the Property's required stormwater detention volume provided thereby). This covenant shall (a) run with the land, benefiting Lots l and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 27 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 3 and their respective personal representatives, heirs, successors, and assigns. 5.12 Declaration of Covenant to Maintain Lot l's Existing East Valley Road Frontage Swales and Any Other of Lot l's Storm Drains. The Owner(s) of Lot I, at their expense, shall have an obligation to the Owner( s) of Lots 2 and 3 to maintain and repair when necessary both (a) the drainage swales that straddle portions of Lot l's west (East Valley Road) boundary line and (b) any other underground storm drains and appurtenances thereto in Lot I not otherwise subject to a maintenance and repair covenant under this Declaration so as to continue to provide the portion of the stormwater detention volume for the Property allocated by the Property's drainage system design on file with the City of Renton; PROVIDED, HOWEVER, that the Owner(s) of Lot I shall have the right at any time, upon the prior written approval of the City of Renton, to eliminate such swales and such other underground storm drains and appurtenances thereto and provide elsewhere in Lot I substitute stormwater detention volume by swale or other means approved by the City of Renton and, in such event, the Owner(s) of Lot I, at their expense, shall have an obligation to the Owner(s) of Lots 2 and 3 to maintain and repair when necessary the drainage system elements that provide the substitute stormwater detention volume. Subject to the above-stated proviso, this covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot I, (b) be binding upon the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 5.13 Declaration of Covenant to Maintain Lot 2's Existing East Valley Road Frontage Swales and Any Other of Lot 2's Storm Drains. The Owner(s) of Lot 2, at their expense, shall have an obligation to the Owner(s) of Lots I and 3 to maintain and repair when necessary both (a) the drainage swales that straddle portions of Lot 2's west (East Valley Road) boundary line and (b) any other underground storm drains and appurtenances thereto in Lot 2 not otherwise subject to a maintenance and repair covenant under this Declaration so as to continue to provide the portion of the stormwater detention volume for the Property allocated by the Property's drainage system design on file with the City of Renton; PROVIDED, HOWEVER, that the Owner(s) of Lot 2 shall have the right at any time, upon the prior written approval of the City of Renton, to eliminate such swales and such other underground storm drains and appurtenances thereto and provide elsewhere in Lot 2 substitute stormwater detention volume by swale or other means approved by the City of Renton and, in such event, the Owner(s) of Lot 2, at their expense, shall have an obligation to the Owner(s) of Lots I and 3 to maintain and repair when necessary the drainage system elements that provide the substitute stormwater detention volume. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 28 Yc\ct\2488\007\EC & Rs\Deolaration Fl (3-2-09).doc Subject to the above-stated proviso, this covenant shall (a) run with the land, benefiting Lots 1 and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 1 and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 5.14 Declaration of Covenant to Maintain Lot 3's Existing East Valley Road Frontage Swales and Any Other of Lot J's Storm Drains. The Owner(s) of Lot 3, at their expense, shall have an obligation to the Owner(s) of Lots I and 2 to maintain and repair when necessary both (a) the drainage swales that straddle portions of Lot 3's west (East Valley Road) boundary line and (b) any other underground storm drains and appurtenances thereto in Lot 3 not otherwise subject to a maintenance and repair covenant under this Declaration so as to continue to provide the portion of the stormwater detention volume for the Property allocated by the Property's drainage system design on file with the City of Renton; PROVIDED, HOWEVER, that the Owner(s) of Lot 3 shall have the right at any time, upon the prior written approval of the City of Renton, to eliminate such swales and such other underground storm drains and appurtenances thereto and provide elsewhere in Lot 3 substitute stormwater detention volume by swale or other means approved by the City of Renton and, in such event, the Owner(s) of Lot 3, at their expense, shall have an obligation to the Owner(s) of Lots 1 and 2 to maintain and repair when necessary the drainage system elements that provide the substitute stormwater detention volume. Subject to the above-stated proviso, this covenant shall (a) run with the land, benefiting Lots I and 2 and burdening Lot 3, (b) be binding upon the Owner( s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 6. Sanitary Sewer System and Associated Easements and Maintenance Covenants. 6.1 Background Information Concerning the Sanitary Sewer System. An existing public sewer system operated by the City of Renton lies within East Valley Road. That system existed prior to the construction of Buildings A, B, and C. Two public sewer extensions were made into the Property from the public sewer system within East Valley Road in conjunction with the original development of the Buildings and associated improvements on the Property. The northerly of the two public sewer extensions terminates in an existing sanitary sewer manhole located in Lot 2 near that lot's west edge. A private sanitary sewer line extends from that public sewer manhole to the north-northeast into the southerly part of Lot I where it terminates at a private sewer manhole. (The easement granted in Section 6.2, DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 29 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc below, relates to the portion of that private sanitary sewer line extending from that public sewer manhole to the Lot I-Lot 2 common lot line.) A side sewer extends from that private sewer manhole generally to the northeast to connect to Building A and another side sewer extends from that same private sewer manhole generally to the southeast to connect to Building B. (The easement granted in Section 6.3, below, relates to both (a) the portion of the private sanitary sewer line extending from the Lot I-Lot 2 common lot line to the above- noted private sewer manhole and (b) the Lot I portion of the side sewer that extends from that same private sewer manhole to connect to Building B.) The southerly of the two public sewer extensions terminates in an existing sanitary sewer manhole located in Lot 3 near that lot's west edge (a manhole that lies in an easement called Sanitary Sewer Easement "B" granted to the City of Renton under King County Recording No. 9191070800926-the layout of that Sanitary Sewer Easement "B" is depicted on Sheet 2 of 4 of the Record of Survey). A side sewer extends from that public sewer manhole generally to the northeast to connect to Building C. Because that side sewer lies entirely within Lot 3 (i.e., crossing neither of the other two lots), no private sewer easement is necessary or appropriate. 6.2 Declaration of Sanitary Sewer Easement 1 Across a Portion of Lot 2 and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the 15-foot-wide strip ofa portion of Lot 2 ("Sanitary Sewer Easement Strip I") that is legally described on Exhibit L, attached, and depicted on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Sanitary Sewer Easement I") for the use, maintenance, and repair of the private sewer main lying therein; PROVIDED, HOWEVER, that: (!) The Owner(s) of Lot 2 shall have the right at any time upon the prior approval of the City of Renton to install a substitute private sewer main and/or a public sewer main either in Sanitary Sewer Easement Strip I or elsewhere in Lot 2 to replace some or all of the existing private sewer main in Sanitary Sewer Easement Strip I if: (a) the substitute will connect with the north portion of the existing private sewer main at some point at or south of the Lot I-Lot 2 common boundary; and (b) construction drawings for the design of the substitute private sewer main and/or public sewer main have been approved by the City of Renton; (2) If and to the extent that a substitute private sewer main is installed elsewhere in Lot 2 and if the City of Renton has approved the completed DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 30 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc construction of the substitute private sewer main and any associated sewer manholes, then the Owner(s) of Lot 2 shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Sanitary Sewer Easement I to relocate Sanitary Sewer Easement Strip I for the benefit of Lot I over, under, along, and across the 15-foot-wide strip of Lot 2 that is centered along the substitute private sanitary sewer main, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument; and (3) If and to the extent a substitute public sewer main is installed and if the City of Renton has approved the completed construction of the substitute public sewer main and any associated sewer manholes, then: (a) the Owner(s) of Lot 2 shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to execute as to their consent and have acknowledged) and then record with the King County Recorder a form of sewer easement satisfactory to the City of Renton granting the City a sewer easement over, under, along, and across the 15-foot-wide strip of Lot 2 that is centered along the substitute public sanitary sewer main and/or manhole(s) in Lot 2, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument; and (b) upon the recording of the substitute easement instrument described immediately above, the portion of Sanitary Sewer Easement I no longer containing an operable part of the private sewer main originally within it shall be deemed to be automatically terminated and of no further force or effect and the owner of Lot 2 may record a notice thereof with the King County Recorder. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot I and burdening the portion of Lot 2 encompassed by Sanitary Sewer Easement Strip I, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Sanitary DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 31 Y:lcl\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Sewer Easement Strip I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the private sewer main in Sanitary Sewer Easement Strip I (and any relocation(s) thereof) to keep that private sewer main (and any modification(s) or substitute(s) thereto that are private rather than public) in proper working order. This covenant shall (a) run with the land, benefiting Lot I and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns. 6.3 Declaration of Sanitary Sewer Easement 2 Across a Portion of Lot 1 and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the 15-foot-wide strip of a portion of Lot I ("Sanitary Sewer Easement Strip 2") that is legally described on Exhibit M, attached, and depicted on Sheet 4 of 4 of the Record of Survey ( said easement is referred to in this Declaration as "Sanitary Sewer Easement 2") for the use, maintenance, and repair of the private sewer main lying therein; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot I shall have the right at any time upon the prior approval of the City of Renton to install a substitute private sewer main and/or a public sewer main either in Sanitary Sewer Easement Strip 2 or elsewhere in Lot I to replace some or all of the existing private sewer main in Sanitary Sewer Easement Strip 2 if: (a) the substitute will connect with the portion of the existing private sewer main at some point at or north of the Lot I -Lot 2 common boundary;and (b) at some point at or north of the Lot I-Lot 2 common boundary, a connection is maintained or an appropriate new connection is made to the existing side sewer connecting to Building B so that sewer service to Building B is maintained; and (c) construction drawings for the design of the substitute private sewer main and/or public sewer main and for any modifications in Lot I to the side sewer to Building B have been approved by the City of Renton; DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 32 Y:\cl\2488\007\EC & Rs\Oeclaration Fl (3-2-09).doc (2) If and to the extent that a substitute private sewer main is installed elsewhere in Lot I and if the City of Renton has approved the completed construction of the substitute private sewer main and any associated sewer manholes, then the Owner(s) of Lot I shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot I to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Sanitary Sewer Easement 2 to relocate Sanitary Sewer Easement Strip 2 for the benefit of Lot 2 over, under, along, and across the 15-foot-wide strip of Lot 1 that is centered along the substitute private sanitary sewer main, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument; and (3) If and to the extent a substitute public sewer main is installed and if the City of Renton has approved the completed construction of the substitute public sewer main and any associated sewer manholes, then: (a) the Owner(s) of Lot I shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 1 to execute as to their consent and have acknowledged) and then record with the King County Recorder a form of sewer easement satisfactory to the City of Renton granting the City a sewer easement over, under, along, and across the IS-foot-wide strip of Lot I that is centered along the substitute public sanitary sewer main and/or manhole(s) in Lot I, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument; and (b) upon the recording of the substitute easement instrument described immediately above, the portion of Sanitary Sewer Easement 2 no longer containing an operable part of the private sewer main originally in it shall be deemed to be automatically terminated and of no further force or effect and the owner of Lot I may record a notice thereof with the King County Recorder. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot I encompassed by Sanitary Sewer Easement DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 33 Y:\cl\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Strip 2, (b) be binding upon the Owner(s) of the portion of Lot I encompassed by Sanitary Sewer Easement Strip 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot I, at their expense, to maintain and repair as necessary the private sewer main and appurtenances thereto in Sanitary Sewer Easement Strip 2 (and any relocation(s) thereof) to keep that private sewer main and appurtenances thereto (and any modification(s) or substitute(s) thereto that are private rather than public) in proper working order. This covenant shall (a) run with the land, benefiting Lot 2 and burdening Lot I, (b) be binding upon the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 6.4 Declaration of Sanitary Sewer Easement 3 Across a Portion of Lot !-The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the 15-foot-wide strip of a portion of Lot I ("Sanitary Sewer Easement Strip 3") that is legally described on Exhibit N, attached, and depicted on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Sanitary Sewer Easement 3") for the use, maintenance and repair of the portion of the side sewer to Lot 2 lying therein; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot I shall have the right at any time upon the prior approval of the City of Renton to install a substitute side sewer, a private sewer main, and/or a public sewer main either in Sanitary Sewer Easement Strip 3 or elsewhere in Lot I to replace some or all of the existing private side sewer in Sanitary Sewer Easement Strip 3 if: (a) at some point at or north of the Lot I-Lot 2 common boundary, a connection is maintained or an appropriate new connection is made to the remainder of the existing side sewer connecting to Lot 2 so that sewer service to Lot 2 is maintained; and (b) construction drawings for the design of the substitute side sewer, private sewer main and/or public sewer main, and for any modifications have been approved by the City of Renton; (2) If and to the extent that a substitute side sewer or private sewer main is installed elsewhere in Lot I and if the City of Renton has approved the completed construction of the substitute side sewer or private sewer main and any associated sewer manholes or appurtenances, then the Owner(s) DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 34 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc of Lot 1 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 1 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Sanitary Sewer Easement 3 to relocate Sanitary Sewer Easement Strip 3 for the benefit of Lot 2 over, under, along, and across the 15-foot-wide strip of Lot 1 that is centered along the substitute private sanitary sewer main, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument; and (3) If and to the extent a substitute public sewer main is installed and if the City of Renton has approved the completed construction of the substitute public sewer main and any associated sewer manholes, then: (a) the Owner(s) of Lot I shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot I to execute as to their consent and have acknowledged) and then record with the King County Recorder a form of sewer easement satisfactory to the City of Renton granting the City a sewer easement over, under, along and across the 15-foot-wide strip of Lot 1 that is centered along the substitute public sanitary sewer main and/or manhole(s) in Lot 1, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument; and (b) upon the recording of the substitute easement instrument described immediately above, the portion of Sanitary Sewer Easement 3 no longer containing an operable part of the side sewer originally in it shall be deemed to be automatically terminated and of no further force or effect and the owner of Lot 1 may record a notice thereof with the King County Recorder. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot I encompassed by Sanitary Sewer Easement Strip 3, (b) be binding upon the Owner(s) of the portion of Lot 1 encompassed by Sanitary Sewer Easement Strip 3 and their respective personal representatives, heirs, successors, and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 35 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. (No maintenance covenant obligating the Owner(s) of Lot 1 to maintain and repair the side sewer to Lot 2 is provided in this Declaration.) 7. Water System. Building A has one or more direct connections to the City of Renton public water system via private water line(s) that lie entirely within Lot I and that do not cross any portions of Lots 2 or 3. Likewise, Building B has one or more direct connections to the City of Renton public water system via private water line(s) that lie entirely within Lot 2 and that do not cross any portions of Lots I or 3. Also likewise, Building Chas one or more direct connections to the City of Renton public water system via private water line(s) that lie entirely within Lot 3 and that do not cross any portions of Lots I or 2. Accordingly, no private water easements for the private water lines are necessary and none are provided. 8. Landscape Irrigation System. 8.1 Background Information Concerning the Landscape Irrigation System. The following landscape irrigation systems currently exist on the Property: (a) A landscape irrigation system in Lot 1, which is independent of the landscape irrigation system in Lots 2 and 3 and which is operated from a controller located in Building A (the "Lot I Landscape Irrigation System"); (b) A landscape irrigation system serving most of Lot 2 (i.e., all but a portion of the easterly part of Lot 2, which portion is connected to and served by the landscape irrigation system for Lot 3 ), which system is independent of the landscape irrigation system in Lot I and which, except for the Lot 3 system that serves the portion of the easterly part of Lot 2, is independent of the landscape irrigation system in Lot 3 and is operated from a controller located near the east end of the south side of Building B (the "Primary Lot 2 Landscape Irrigation System"); and ( c) A landscape irrigation system serving Lot 3 and a portion of the easterly part of Lot 2, which is independent of the landscape irrigation system in Lot I and of the above-noted landscape irrigation system serving most of Lot 2 and which is operated from a controller located near the north end of the west side of Building C (the "Lot 3 and Partial Lot 2 Landscape Irrigation System"). The locations of these systems are not depicted on the Record of Survey. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 36 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc 8.2 Declaration of Covenants Concerning the Portion of the Lot 3 and Partial Lot 2 Landscape Irrigation System on Lot 2. Except as otherwise provided in this Section 8.2, the Owner(s) of Lot 3, at their expense, shall have an obligation to the Owner(s) of Lot 2 to do the following: (a) Supply water to the portion of the Lot 3 and Partial Lot 2 Landscape Irrigation System in Lot 2 from the portion of that system in Lot 3 during period(s) of the year and for frequencies and durations comparable to the period( s) of the year and watering frequencies and durations during which water is supplied to the portion of that system in Lot 3 [PROVIDED, HOWEVER, that during any period(s) of time during which element( s) of the portion of the system in Lot 2 are broken and leak water, the Owner(s) of Lot 3 shall be entitled to shut off the water (and keep the water shut oft) to the portion of the system in Lot 2 until such times as the Owner(s) of Lot 2 (at their expense) shall have repaired or replaced the broken portion(s) of the system in Lot 2 and have given the Owner(s) of Lot 3 at least five (5) business days written notice thereof]; (b) Within five (5) business days following any shutoff of water to the portion of the Lot 3 and Partial Lot 2 Landscape Irrigation System in Lot 2, notify the Owner(s) of Lot 2 of (i) the fact of the shutoff and (ii) the reason(s) for the shutoff; and (c) In order to help facilitate the Owner(s) of Lot 2 in repairing from time to time any broken portion(s) of the system in Lot 2, provide the irrigation system repair service that the Owner( s) of Lot 2 hires for the repair work with reasonable access to the system controller in Building C during Building C's normal business hours (following at least five (5) business days' prior notice) in order to turn on the water for that part of the system to test the repaired portion of the system. These obligations shall (a) be deemed to be covenants running with the land, benefiting Lot 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns; PROVIDED, HOWEVER, that these obligations shall be deemed to be terminated in the event that any one or more of the following events occur: DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 37 Yc'<:f\24881007\EC & Rs\Declaration Fl (3-2--09).doc (I) (2) 9. The Owner(s) of Lot 2 disconnect the portion of the Lot 3 and Partial Lot 2 Landscape Irrigation System in Lot 2 from the portion of that system in Lot 3 and provide a substitute water source for the portion of Lot 2 currently irrigated by the Lot 3 and Partial Lot 2 Landscape Irrigation System; or The Owner(s) of Lot 3 redevelop some of Lot 3 in such a manner that causes the current piping source of water to the portion of the Lot 3 and Partial Lot 2 Landscape Irrigation System in Lot 2 to be eliminated (but, in such event, the Owner(s) of Lot 3 shall give the Owner(s) of Lot 2 at least sixty (60) days' prior written notice of such piping system elimination in order to provide a reasonable period of time for the Owner(s) of Lot 2 to provide a substitute water source for the portion of Lot 2 currently irrigated by the Lot 3 and Partial Lot 2 Landscape Irrigation System in Lot 2. Natural Gas Lines and Associated Easement and Maintenance Covenant. 9.1 Background Information Concerning the Existing Natural Gas Lines Serving the Buildings. Buildings A, B, and C each have a natural gas line connection for natural gas service. An existing gas main exists beneath East Valley Road. From that existing gas main, one existing underground gas service line extends east into Lot I at a position west of and near the Existing Lot I-Lot 2 Common Entrance Driveway and somewhat meanders to the east past the south edge of Building A (beneath an existing concrete patio where it forks both (a) to the north to connect to Building A near Building A's southeast comer and (b) to the southeast to connect to Building B near Building B's northeast comer). (See the approximate layout of the gas service line and the fork in it on Sheet I of 4 of the Record of Survey and in the "GAS EASEMENT STRIP DETAIL" on Sheet 4 of 4 of the Record of Survey.) In Section 9.2, below, an easement for the benefit of Lot 2 across a strip of land encompassing the portion of the existing gas service line across Lot I to the Lot I-Lot 2 common boundary is declared. In addition, from the existing gas main beneath East Valley Road, an existing underground gas service line extends generally east across the westerly part of Lot 3 and connects to Building C. (See the approximate layout of that gas service line on Sheet 2 of 4 of the Record of Survey.) 9.2 Declaration of Natural Gas Service Line Easement (Across a Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the IO-foot-wide strip of a portion of Lot I (hereinafter the "Gas Easement Strip") that is legally described on Exhibit 0, attached, and depicted in the "GAS EASEMENT STRIP DETAIL" on Sheet 4 of 4 of the DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 38 Y;\ct\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Record of Survey (said easement is referred to in this Declaration as the "Gas Easement") for the use, maintenance, and repair of the portion of the existing gas service line in the Gas Easement Strip that serves (at least in part) Building 8 and for the benefit of Lot 2 in common with Lot 1 's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot I shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lot 2 to relocate all or a portion of the gas service line in a relocated IO-foot-wide strip across Lot 1 if: (a) the relocated gas service line's design and location have been approved by both (i) the gas company that supplies natural gas to the Property (if and to the extent that such approvals by the gas company are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); (b) the relocated gas service line will connect with the easterly portion of the existing gas service line at some point within Lot I so that no disturbance to the portion of the existing gas service line in Lot 2 is necessary; (c) no interruption(s) of gas service to Lot 2 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the gas service line ( and appurtenances thereto) due to the relocation (and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by such interruption(s)); and (d) no interruption(s) of gas service to Lot 2 greater than one (I) hour in duration per day (and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of gas service line due to the relocation [and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the gas service line due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the gas service line due to the relocation]; and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 39 Y:\ct\24881007\EC & Rs\Declaration Fl (3-2-09).doc (2) If the Owner(s) of Lot I exercise their right stated in item (I), above, and install a substitute gas service line in a different location across Lot I, then the Owner( s) of Lot I shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot I to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending the Gas Easement to relocate the Gas Easement Strip for the benefit of Lot 2 over, under, along, and across the IO-foot-wide strip of Lot I that is centered along the substitute gas service line and any remaining segment of the existing gas service line in Lot I, which strip shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot 2 and burdening the portion of Lot I encompassed by the Gas Easement Strip, (b) be binding upon the Owner( s) of the portion of Lot I encompassed by the Gas Easement and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot I, at their expense, to maintain and repair as necessary the gas service line in the Gas Easement Strip (and any relocation(s) thereof) to keep that gas service line (and any modification(s) or substitute(s) thereto) in proper working order. This covenant shall (a) run with the land, benefiting Lot 2 and burdening Lot I, (b) be binding upon the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 10. Electrical Power Service Lines to the Buildings; Associated Easements and Maintenance Covenants. 10.1 Background Information Concerning the Existing Electrical Power Service Lines Serving the Buildings. An existing underground electrical service line (the "Existing Common Electrical Service Line") currently loops into the Property from an electrical line in East Valley Road, (a) crossing beneath a planter island, driveway, and parking stall near Lot I 's south end on the west side of Building A before turning south to Lot 2, (b) then extending south beneath the easterly part of Lot 2' s parking lot lying on the west side of Building B, (c) continuing south beneath a planter island and crossing beneath a driveway and then connecting into an electrical vault within Lot 3 located within a planter island lying to the DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 40 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc northwest of Building C's northwest comer, and (d) finally extending from that electrical vault generally to the southwest and connecting to another electrical line in East Valley Road. (The estimated, approximate location of all of the existing electrical lines known to the Declarant, including the Existing Common Electrical Service Line, are depicted on Sheets I of 4 and 2 of 4 of the Record of Survey and labeled "EC". The Legend on Sheet 2 of 4 of the Record of Survey defines "EC" as "ELECTRICAL CONDUIT".) From the east portion of the Existing Common Electrical Service Line that crosses beneath Lot I, an electrical service line stems off to Building A. Also, an electrical service line stems off of the Existing Common Electrical Service Line to serve Building B from the location of the portion of the Existing Common Electrical Service Line that crosses beneath a planter island lying to the southwest of Building B's southwest comer within Lot 2. In addition, an electrical service line to Building C extends from the electrical vault located within a planter island lying to the northwest of Building C's northwest comer (such vault being fed by the Existing Common Electrical Service Line). (Note that the descriptions in the above paragraphs of this Section I 0.1 are only rough generalizations, are non-technical in nature, and might not be accurate. They are based on the approximate layout of some of the underground electrical lines (conduits) depicted on Sheets I of 4 and 2 of 4 of the Record of Survey, a layout that in tum was based on ground surface paint markings of the estimated location of the underground electrical lines ( conduit) established by a utility locater service.) In Sections I 0.2, I 0.3, and I 0.4, below, easements and maintenance covenants are declared relating to the portions of the Existing Common Electrical Service Line crossing Lot I, Lot 2, and Lot 3, respectively. 10.2 Declaration of Electrical Service Line Easement 1 (Across a Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the JO-foot-wide strip of a portion of Lot I (hereinafter referred to as "Electrical Easement Strip I") that is legally described on Exhibit P, attached, and depicted in the "ELECTRICAL EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Electrical Service Line Easement l ") for the use, maintenance, and repair of the portion of the Existing Common Electrical Service Line and appurtenances thereto in that strip for the benefit of Lots 2 and 3 in common with Lot 1 's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot I shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lots 2 and 3 to relocate the portion of the Existing Common Electrical Service Line DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 41 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc (and appurtenances thereto) in that strip (using the same or new materials as appropriate) to a different I 0-foot-wide strip of Lot I if: (a) the design and location of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) to be relocated have been approved by both (i) the electrical power company that supplies electricity to the Property (if and to the extent that such approvals by the electrical power company are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); (b) the portion of the Existing Common Electrical Service Line to be relocated will connect with an appropriate power line in East Valley Road and will connect with the portion of the Existing Common Electrical Service Line at some point at or north of the Lot I-Lot 2 common boundary so that no disturbance to the portion of the Existing Common Electrical Service Line in Lot 2 is necessary; ( c) no interruption( s) of electrical service to Lot 2 and/or Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation (and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by such interruption(s)); and (d) no interruption(s) of electrical service to Lot 2 and/or Lot 3 greater than one (I) hour in duration per day ( and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation [ and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 42 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Electrical Service Line ( and appurtenances thereto) due to the relocation]; and (2) If the Owner(s) of Lot I exercise their right stated in item(]), above, and relocate the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) in that strip to a different strip in Lot I, then the Owner(s) of Lot I shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot I to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Electrical Service Line Easement I to relocate the relevant portion of Electrical Easement Strip I for the benefit of Lots 2 and 3 over, under, along, and across the JO-foot-wide strip of Lot I that is centered along the relocated portion of the Existing Common Electrical Service Line ( and any connecting additional segments of easement area necessary to encompass and extend at least three feet around any relocated appurtenances thereto), which strip and any connecting additional segments of easement area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots 2 and 3 and burdening the portion of Lot I encompassed by Electrical Easement Strip 1, (b) be binding upon the Owner( s) of the portion of Lot I encompassed by Electrical Easement Strip I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner( s) of Lot 1, at their expense, to maintain and repair as necessary the portion of the Existing Common Electrical Service Line and appurtenances thereto in Electrical Easement Strip I (and any relocation(s) thereof) to keep that portion of the Existing Common Electrical Service Line and appurtenances thereto (and any modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot I, (b) be binding upon the Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner( s) of Lot 2 and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 10.3 Declaration of Electrical Service Line Easement 2 (Across a Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 43 Y:\ct\2488\007\EC & Rs\Declaration Fl (3-2-09).doc declares a nonexclusive easement over, under, along and across the I 0-foot-wide strip of a portion of Lot 2 (hereinafter referred to as "Electrical Easement Strip 2") that is legally described on Exhibit 0, attached, and depicted in the "ELECTRICAL EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Electrical Service Line Easement 2") for the use, maintenance, and repair of the portion of the Existing Common Electrical Service Line and appurtenances thereto in that strip for the benefit of Lots I and 3 in common with Lot 2' s use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner(s) of Lot 2 shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lots I and 3 to relocate the portion of the Existing Common Electrical Service Line (and appurtenances thereto) in that strip (using the same or new materials as appropriate) to a different IO-foot-wide strip of Lot 2 if: (a) the design and location of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) to be relocated have been approved by both (i) the electrical power company (if and to the extent that such approvals by the electrical power company are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); (b) the relocated portion of the Existing Common Electrical Service Line connects with both (i) the remaining portion of the Existing Common Electrical Service Line to the north at some point at or south of the Lot I-Lot 2 common boundary so that no disturbance to the portion of the Existing Common Electrical Service Line in Lot I is necessary and (ii) the remaining portion of the Existing Common Electrical Service Line to the south at some point at or north of the Lot 2-Lot 3 common boundary so that no disturbance to the portion of the Existing Common Electrical Service Line in Lot 3 is necessary; (c) no interruption(s) of electrical service to Lot I and/or Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation (and with the Owner(s) of Lot 2 to be liable for any damages that the Owner(s) of Lot I and Lot 3 may incur that are proximately caused by such interruption(s)); and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 44 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc (d) no interruption(s) of electrical service to Lot I and/or Lot 3 greater than one (I) hour in duration per day ( and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation [and with the Owner(s) of Lot 2 to be liable for any damages that the Owner(s) of Lot I and Lot 3 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation]; and (2) If the Owner(s) of Lot 2 exercise their right stated in item(!), above, and relocate the portion of the Existing Common Electrical Service Line (and appurtenances thereto) in that strip to a different strip in Lot 2, then the Owner(s) of Lot 2 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Electrical Service Line Easement 2 to relocate the relevant portion of the Electrical Easement Strip 2 for the benefit of Lots I and 3 over, under, along, and across the I 0-foot-wide strip of Lot 2 that is centered along the relocated portion of the Existing Common Electrical Service Line ( and any connecting additional segments of easement area necessary to encompass and extend at least three feet around any relocated appurtenances thereto), which strip and any connecting additional segments of easement area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots 1 and 3 and burdening the portion of Lot 2 encompassed by Electrical Easement Strip 2, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Electrical Easement Strip 2 and their respective personal representatives, heirs, successors, DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 45 Y:\ct\2488\007\EC & Rs\Declaration Fl (3-2-09).doc and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the portion of the Existing Common Electrical Service Line and appurtenances thereto in Electrical Easement Strip 2 (and any relocation(s) thereof) to keep that portion of the Existing Common Electrical Service Line and appurtenances thereto (and any modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the land, benefiting Lots 1 and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 1 and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 10.4 Declaration of Electrical Service Line Easement 3 (Across a Portion of Lot 3) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the JO-foot-wide strip of a portion of Lot 3 (hereinafter referred to as "Electrical Easement Strip 3") that is legally described on Exhibit R, attached, and depicted in the "ELECTRICAL EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Electrical Service Line Easement 3") for the use, maintenance, and repair of the portion of the Existing Common Electrical Service Line and appurtenances thereto in that strip for the benefit of Lots I and 2 in common with Lot 3' s use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner(s) of Lot 3 shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lots I and 2 to relocate the portion of the Existing Common Electrical Service Line (and appurtenances thereto) in that strip (using the same or new materials as appropriate) to a different IO-foot-wide strip of Lot 3 if: (a) the design and location of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) to be relocated have been approved by both (i) the electrical power company that supplies electricity to the Property (if and to the extent that such approvals by the electrical power company are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); (b) the relocated portion of the Existing Common Electrical Service Line connects with an appropriate power line in East Valley Road and connects with the portion of the Existing Common Electrical DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 46 Yc\cf\24881007\EC & Rs\Declaration Fl (3-2-09).doc Service Line at some point at or south of the Lot 2-Lot 3 common boundary so that no disturbance to the portion of the Existing Common Electrical Service Line in Lot 2 is necessary; (c) no interruption(s) of electrical service to Lot I and/or Lot 2 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation (and with the Owner(s) of Lot 3 to be liable for any damages that the Owner(s) of Lot 1 and Lot 2 may incur that are proximately caused by such interruption(s)); and ( d) no interruption( s) of electrical service to Lot 1 and/or Lot 2 greater than one (I) hour in duration per day ( and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation [ and with the Owner(s) of Lot 3 to be liable for any damages that the Owner(s) of Lot 1 and Lot 2 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Electrical Service Line (and appurtenances thereto) due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) due to the relocation]; and (2) If the Owner(s) of Lot 3 exercise their right stated in item (I), above, and relocate the portion of the Existing Common Electrical Service Line ( and appurtenances thereto) in that strip to a different strip in Lot 3, then the Owner(s) of Lot 3 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 3 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Electrical Service Line Easement 3 to relocate the relevant portion of Electrical Easement Strip I for the benefit of Lots I and 2 over, under, along, and across the IO-foot-wide strip of Lot 3 that is centered along the relocated portion of the Existing Common Electrical Service Line (and any connecting DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 47 Y:\ct\24881007\EC & Rs\Declaration Fl (3-2-09).doc additional segments of easement area necessary to encompass and extend at least three feet around any relocated appurtenances thereto), which strip and any connecting additional segments of easement area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots I and 2 and burdening the portion of Lot 3 encompassed by Electrical Easement Strip 3, (b) be binding upon the Owner(s) of the portion of Lot 3 encompassed by Electrical Easement Strip 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lots I and 2 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 3, at their expense, to maintain and repair as necessary the portion of the Existing Common Electrical Service Line and appurtenances thereto in Electrical Easement Strip 3 (and any relocation(s) thereof) to keep that portion of the Existing Common Electrical Service Line and appurtenances thereto (and any modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the land, benefiting Lots I and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 11. Telecommunications Conduit to the Buildings; Associated Easements and Maintenance Covenants. 11.1 Background Information Concerning the Existing Telephone Conduit Serving the Buildings. An existing underground telephone and telecommunication conduit (the "Existing Common Telecommunications Conduit") currently extends into the Property from an existing telephone and telecommunications conduit in East Valley Road, (a) crossing beneath a planter island, driveway and parking stall near Lot I's south end on the west side of Building A before turning south to Lot 2, and (b) then extending south beneath the easterly part of Lot 2's parking lot lying on the west side of Building B to a point located west of Building B's southwest comer. (The estimated, approximate locations of all of the existing telecommunications conduits known to the Declarant, including the Existing Common Telecommunications Conduit, are depicted on Sheets I of 4 and 2 of 4 of the Record of Survey and labeled "TC". The Legend on Sheet 2 of 4 of the Record of Survey defines "TC" as "TELECOMMUNICATIONS CONDUIT".) DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 48 Y:lcl\2488\007\EC & Rs\Dedaration Fl (3-2-09).doc From the east portion of the Existing Common Telecommunications Conduit that crosses beneath Lot I, a telecommunications service line stems off to Building A. Also, (a) a telecommunications service conduit stems off of the south end of the Existing Common Telecommunications Conduit to the east to serve Building B and (b) a telecommunications service conduit stems off of the south end of the Existing Common Telecommunications Conduit to roughly the southeast to serve Building C. (Note that the descriptions in the above paragraphs of this Section 11.1 are only rough generalizations, are non-technical in nature, and might not be accurate. They are based upon the approximate layout of the underground telecommunications conduits depicted as such upon Sheets I of 4 and 2 of 4 of the Record of Survey, a layout that in tum was based upon ground surface paint markings of the estimated location of the underground telecommunications conduits established by a utility locater service.) In Sections 11.2 and 11.3, below, easements and maintenance covenants are declared relating to the portions of the Existing Common Telecommunications Conduit crossing Lot I and Lot 2, respectively. In addition, in Sections 11.4, below, an easement is declared from the south end of the Existing Common Telecommunications Conduit to the Lot 2-Lot 3 common lot line to encompass the portion of the telecommunications service conduit to Building C in Lot 2 that stems off of the south end of the Existing Common Telecommunications Conduit, along with a maintenance covenant. 11.2 Declaration of Telecommunications Conduit Easement 1 (Across a Portion of Lot 1) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the JO-foot-wide strip of a portion of Lot I (hereinafter referred to as "Telecommunications Easement Strip I") that is legally described on Exhibit S, attached, and depicted in the "TELECOMMUNICATIONS EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Telecommunications Conduit Easement I") for the use, maintenance, and repair of the portion of the Existing Common Telecommunications Conduit and appurtenances thereto in that strip for the benefit of Lots 2 and 3 in common with Lot 1 's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner(s) of Lot I shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lots 2 and 3 to relocate the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) in that strip (using the same or new materials as appropriate) to a different JO-foot-wide strip of Lot I if: (a) the design and location of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) to be relocated have been approved by both (i) the applicable DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 49 Y:\cf\2488\007\EC & Rs\Dcclaration Fl (3-2-09).doc telecommunications vendor(s) that supply telecommunications services to the Property (if and to the extent that such approvals by the applicable telecommunications vendor( s) are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); (b) the relocated portion of the Existing Common Telecommunications Conduit connects with appropriate telecommunications conduit(s) in East Valley Road and connects with the portion of the Existing Common Telecommunications Conduit at some point at or north of the Lot I-Lot 2 common boundary so that no disturbance to the portion of the Existing Common Telecommunications Conduit in Lot 2 is necessary; (c) no interruption(s) of any telecommunications service to Lot 2 and/or Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation (and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by such interruption(s)); and (d) no interruption(s) of any telecommunications service to Lot 2 and/or Lot 3 greater than one (I) hour in duration per day (and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation [ and with the Owner( s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 am during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation]; and DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 50 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc (2) If the Owner(s) of Lot I exercise their right stated in item(!), above, and relocate the portion of the Existing Common Telecommunications Conduit ( and appurtenances thereto) in that strip to a different strip in Lot I, then the Owner(s) of Lot I shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot I to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Telecommunications Conduit Easement I to relocate the relevant portion of Telecommunications Easement Strip I for the benefit of Lots 2 and 3 over, under, along, and across the IO-foot-wide strip of Lot I that is centered along the relocated portion of the Existing Common Telecommunications Conduit ( and any connecting additional segments of easement area necessary to encompass and extend at least three feet around any relocated appurtenances thereto), which strip and any connecting additional segments of easement area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lots 2 and 3 and burdening the portion of Lot I encompassed by Telecommunications Easement Strip 1, (b) be binding upon the Owner(s) of the portion of Lot I encompassed by Telecommunications Easement Strip I and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner( s) of Lots 2 and 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot I, at their expense, to maintain and repair as necessary the portion of the Existing Common Telecommunications Conduit and appurtenances thereto in Telecommunications Easement Strip I (and any relocation(s) thereof) to keep that portion of the Existing Common Telecommunications Conduit and appurtenances thereto (and any modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot I, (b) be binding upon the Owner( s) of Lot I and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 11.3 Declaration of Telecommunications Conduit Easement 2 (Across a Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along and across the JO-foot-wide strip of a portion of Lot 2 (hereinafter referred to as "Telecommunications Easement Strip 2") that is DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 51 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc legally described on Exhibit T, attached, and depicted in the "TELECOMMUNICATIONS EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Telecommunications Conduit Easement I") for the use, maintenance, and repair of the portion of the Existing Common Telecommunications Conduit and appurtenances thereto in that strip for the benefit of Lot 3 in common with Lot 2's use, maintenance, and repair thereof; PROVIDED, HOWEVER, that: (I) The Owner( s) of Lot 2 shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lot 3 to relocate the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) in that strip (using the same or new materials as appropriate) to a different IO-foot-wide strip of Lot 2 if: (a) the design and location of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) to be relocated have been approved by both (i) the applicable telecommunications vendor( s) that supply telecommunications services to the Property (if and to the extent that such approvals by the applicable telecommunications vendor(s) are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); (b) the relocated portion of the Existing Common Telecommunications Conduit connects with both (i) the remaining portion of the Existing Common Telecommunications Conduit to the north at some point at or south of the Lot I -Lot 2 common boundary so that no disturbance to the portion of the Existing Common Telecommunications Conduit in Lot 1 is necessary and (ii) either (A) the remaining portion of the Existing Common Telecommunications Conduit to the south or (B) some portion of the telecommunications service conduit to Building C in Lot 2 so that no disturbance to the portion of the telecommunications service conduit to Building C in Lot 3 is necessary; ( c) no interruption( s) of any telecommunications service to Lot I and/or Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation ( and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 52 Y:\ct\24881007\EC & Rs\Declaration Fl (3-2-09).doc • of Lot 2 and Lot 3 may incur that are proximately caused by such interruption(s)); and ( d) no interruption( s) of any telecommunications service to Lot I and/or Lot 3 greater than one (I) hour in duration per day ( and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation [and with the Owner(s) of Lot 2 to be liable for any damages that the Owner( s) of Lot I and Lot 3 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7 :00 a.m. during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) due to the relocation]; and (2) If the Owner(s) of Lot 2 exercise their right stated in item (I), above, and relocate the portion of the Existing Common Telecommunications Conduit (and appurtenances thereto) in that strip to a different strip in Lot 2, then the Owner( s) of Lot 2 shall immediately execute and have acknowledged (and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Telecommunications Conduit Easement 2 to relocate the relevant portion of Telecommunications Easement Strip 2 for the benefit of Lot 3 over, under, along, and across the JO-foot-wide strip of Lot 2 that is centered along the relocated portion of the Existing Common Telecommunications Conduit (and any connecting additional segments of easement area necessary to encompass and extend at least three feet around any relocated appurtenances thereto), which strip and any connecting additional segments of easement area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 53 Y:\cf\24881007\EC & Rs\Declaration Fl (3-2-09).doc Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot 3 and burdening the portion of Lot 2 encompassed by Telecommunications Easement Strip 2, (b) be binding upon the Owner( s) of the portion of Lot 2 encompassed by Telecommunications Easement Strip 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the portion of the Existing Common Telecommunications Conduit and appurtenances thereto in Telecommunications Easement Strip 2 (and any relocation(s) thereof) to keep that portion of the Existing Common Telecommunications Conduit and appurtenances thereto (and any modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the land, benefiting Lot 3 and burdening Lot 2, (b) be binding upon the Owner( s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 11.4 Declaration of Telecommunications Conduit Easement 3 (Across a Portion of Lot 2) and Related Maintenance Covenant. The Declarant hereby grants and declares a nonexclusive easement over, under, along, and across the IO-foot-wide strip of a portion of Lot 2 (hereinafter referred to as "Telecommunications Easement Strip 3") that is legally described on Exhibit U, attached, and depicted in the "TELECOMMUNlCA TIO NS EASEMENT STRIPS DETAIL" on Sheet 4 of 4 of the Record of Survey (said easement is referred to in this Declaration as "Telecommunications Conduit Easement 3") for the use, maintenance, and repair of an underground telecommunications service conduit and appurtenances thereto in that strip for the benefit of Lot 3; PROVIDED, HOWEVER, that: ( 1) The Owner( s) of Lot 2 shall have the right at any time in the future upon sixty (60) days' prior written notice to the then-owner(s) of Lot 3 to relocate any or all of the then-existing telecommunications conduit(s) ( and appurtenances thereto) in that strip ( using the same or new materials as appropriate) to a different IO-foot-wide strip of Lot 2 if: (a) the design and location of the portion of the then-existing telecommunications conduit ( and appurtenances thereto) to be relocated have been approved by both (i) the applicable telecommunications vendor(s) that supply telecommunications services to Lot 3 (if and to the extent that such approvals by the applicable telecommunications vendor(s) are required) and/or (ii) the City of Renton (if and to the extent that such approvals by the City are required); DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 54 Y:\cf\2488\007\EC & Rs\Dedaration Fl (3-2-09).doc (b) the relocated portion of the then-existing telecommunications conduit connects with both (i) the Existing Common Telecommunications Conduit to the north (as it may by then have been relocated pursuant to Section 11.3, above, and (ii) the remaining portion of the telecommunications service conduit to the south in Lot 2 so that no disturbance to the portion of the telecommunications service conduit to Building C in Lot 3 1s necessary; ( c) no interruption( s) of any telecommunications service to Lot 3 during the hours of 7:00 a.m. to 6:00 p.m. are reasonably expected during the relocation of the portion of the then-existing telecommunications service conduit ( and appurtenances thereto) due to the relocation (and with the Owner(s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by such interruption(s)); and ( d) no interruption( s) of any telecommunications service to Lot 3 greater than one (I) hour in duration per day ( and not more than one interruption of any length per day) during the hours of 6:00 p.m. to 7:00 a.m. are reasonably expected during the relocation of the portion of the then-existing telecommunications service conduit ( and appurtenances thereto) due to the relocation [ and with the Owner( s) of Lot I to be liable for any damages that the Owner(s) of Lot 2 and Lot 3 may incur that are proximately caused by (i) any actual interruption that is greater than one (I) hour in duration per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the then-existing telecommunications service conduit ( and appurtenances thereto) due to the relocation and (ii) the occurrence of more than one actual interruption of any length per day during the hours of 6:00 p.m. to 7:00 a.m. during the relocation of the portion of the then- existing telecommunications service conduit ( and appurtenances thereto) due to the relocation]; and (2) If the Owner(s) of Lot 2 exercise their right stated in item(!), above, and relocate the portion of the then-existing telecommunications service conduit (and appurtenances thereto) in that strip to a different strip in Lot 2, then the Owner(s) of Lot 2 shall immediately execute and have acknowledged ( and shall cause the holders of any mortgages, any deed of trust beneficiaries, or any other lien holders having an interest in Lot 2 to DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 55 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc execute as to their consent and have acknowledged) and then record with the King County Recorder an instrument amending Telecommunications Conduit Easement 3 to relocate the relevant portion of Telecommunications Easement Strip 3 for the benefit of Lot 3 over, under, along, and across the JO-foot-wide strip of Lot 3 that is centered along the relocated portion of the then-existing telecommunications service conduit ( and any connecting additional segments of easement area necessary to encompass and extend at least three feet around any relocated appurtenances thereto), which strip and any connecting additional segments of easement area shall be legally described in a legal description and depicted on a sketch prepared by a land surveyor duly licensed by the State of Washington and attached to the relocation instrument. Subject to the above-stated proviso, this easement shall (a) run with the land, benefiting Lot 3 and burdening the portion of Lot 2 encompassed by Telecommunications Easement Strip 3, (b) be binding upon the Owner(s) of the portion of Lot 2 encompassed by Telecommunications Easement Strip 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. In addition, the Declarant hereby declares a maintenance covenant obligating the Owner(s) of Lot 2, at their expense, to maintain and repair as necessary the telecommunications service conduit and appurtenances thereto in Telecommunications Easement Strip 3 (and any relocation(s) thereof) to keep that telecommunications service conduit and appurtenances thereto (and any modification(s) or substitute(s)) in proper working order. This covenant shall (a) run with the land, benefiting Lot 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. 12. Trash Dumpster(s) and Refuse Service. Unless otherwise agreed-to in writing between the Owner(s) of any two or more of the Lots, the Owner(s) of each Lot shall, at their expense, provide and maintain a trash dumpster on such Lot for the deposit of all trash generated on that Lot. No easements for access to or use of a dumpster on one Lot for the benefit of another Lot are provided by this Declaration. The Owner(s) of each Lot shall be responsible for securing regularly provided refuse service for the tenant( s) on such Lot. 13. Concrete Patio. An outdoor concrete patio area (located generally between Buildings A and B) currently straddles a portion of the common lot line between Lots I and 2. No easement for joint use of the patio area by the Owner(s) of Lot I (and their respective tenants, invitees, and licensees) on the one hand and by the Owner(s) of Lot 2 (and their DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 56 Y:lct\2488\007\EC & Rs\Declaration Fl (3-2-09).doc respective tenants, invitees, and licensees) on the other hand is provided by this Declaration. At any time, the Owner(s) of Lot I or the Owner( s) of Lot 2, without the consent of the other but at their own expense, may (a) install a fence or wall on top of the patio centered along the common lot line between Lots I and 2 to physically divide the patio into two parts and/or (b) eliminate the portion of the patio on their Lot. 14. Outdoor Lighting. 14.1 General Explanation of the Existing Outdoor Lighting. There are currently three types of outdoor lights on the Property: (I) pole lights for parking lot lighting, (2) low-level walk lights and (3) building soffit lights. The approximate locations of the existing light poles on which the pole lights are mounted are shown by a "LIGHT POLE" symbol on Sheets I of 4 and 2 of 4 of the Record of Survey. (See the Legend on Sheet 2 of 4 of the Record of Survey for that symbol.) Of the seventeen (17) total light poles, four ( 4) are on Lot I, two (2) are on Lot 2 and eleven (11) are on Lot 3. Likewise, the approximate locations of the existing walk lights are shown by a "WALK LIGHT" symbol on Sheets 1 of 4 and 2 of 4 of the Record of Survey. (See the Legend on Sheet 2 of 4 of the Record of Survey for that symbol.) There are currently six (6) walk lights on Lot I, six ( 6) walk lights on Lot 2 and eleven ( 11) walk lights on Lot 3. Locations of soffit lights are not depicted on the Record of Survey. Building A's "house" electric meter currently meters the electricity that powers (a) the walk lights for both Lot 1 and Lot 2 and (b) Building A's soffit lights. Section 14.2, below, makes provision for addressing payment obligations for the cost of electric power to the walk lights in Lot 2 upon a conveyance of Lot I or Lot 2 that places those Lots in differing ownerships. Building B's "house" electric meter currently meters the electricity that powers (a) the pole lights for Lots I, 2, and 3 and (b) Building B's soffit lights. Building C's "house" meter currently meters the electricity that powers (a) the walk lights for Lot 3 and (b) Building C's soffit lights. 14.2 Covenant Regarding Sharing of the Electrical Power Costs for the Walk Lights on Lot 2. Upon a conveyance of Lot I or Lot 2 that places those Lots in differing ownerships, unless either (a) the electrical wiring supplying power to the walk lights on Lot 2 is modified so that power to those walk lights is supplied from Lot 2's electrical service and metered from an electrical meter on Lot 2 so that Building A's "house meter" no longer meters the electric power for those walk lights on Lot 2 (which modification either the DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 57 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc Owner(s) of Lot I or the Owner(s) of Lot 2 may effectuate at any time at their own expense, provided that in doing so the effectuating Owner( s) shall be liable for all costs and expenses associated therewith, including the cost of repairs to any improvements on either Lot I or Lot 2 damaged by the modification), or (b) otherwise agreed to in writing between the Owner(s) of Lot I and the Owner(s) of Lot 2, the Owner(s) of Lot I may do the following: (I) Install a private "deduct" meter for the power supplied to the walk lights on Lot 2 from Lot l's electric power service; and (2) From time to time notify the Owner(s) of Lot 2 (or the agent of such Owner(s)) in writing as to: (a) the amount of power that the deduct meter shows has been consumed by the walk lights on Lot 2 during a particular period of time; (b) the total amount of power metered by Building A's "house meter" during a corresponding time period; (c) the overall charges (including applicable taxes) for the electric power that the electric power company billed to the Owner( s) of Lot 1 for all of the power metered through Building A's "house" meter for the corresponding time period (the "Building A 'House' Meter Power Charges") (and shall include a set of copies of the power bill(s) for such period from the electric power company); and (d) the pro rata share of the Building A 'House' Meter Power Charges that the amount of power that the deduct meter shows has been consumed by the walk lights on Lot 2 equals (the "Lot 2 Walk Lights Pro Rata Power Cost Share"). The Declarant hereby declares a covenant obligating the Owner(s) of Lot 2 to reimburse the Owner(s) of Lot 1 for each increment of the Lot 2 Walk Lights Pro Rata Power Cost Share that the Owner(s) of Lot I notify them of plus fifteen (15) percent for administration, with such reimbursement and payment of the fifteen (15) percent administration charge to be paid not later than twenty (20) days following receipt of such notice thereof. This covenant shall (a) run with the land, benefiting Lot I and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner(s) of Lot I and their respective personal representatives, heirs, successors, and assigns. If and to the extent that any such sum(s) are not timely paid, then: DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 58 Y:\ct\2488\007\EC & Rs\Declaration Fl (3-2-09).doc (a) The Owner(s) of Lot I shall be deemed to have a lien upon Lot 2 for (i) all sums owing, (ii) for late payment charges at the rate of twelve (12) percent per annum compounded monthly on all sums owing until paid and (iii) for reasonable attorney's fees incurred in the effort to collect unpaid sums owing and the late payment charges thereon, whether or not suit is filed for collection; and (b) The Owner( s) of Lot I may at any time shut off electric power from the Lot I electric service that is metered by the Building A "house" meter to the walk lights on Lot 2. This covenant shall (a) run with the land, benefiting Lot I and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner( s) of Lot I and their respective personal representatives, heirs, successors, and assigns. The Owner(s) of Lot 2 shall have sole responsibility for maintenance and repair of the walk lights on Lot 2. 14.3 Covenants Regarding Supply of Electric Power and Sharing the Cost of Electric Power for the Pole Lights on All Three of the Lots. The Declarant hereby declares a covenant obligating the Owner(s) of Lot 2 to supply electric power to the pole lights on all three of the Lots, subject to the other provisions of this Section 14.3. This covenant shall (a) run with the land, benefiting Lots I and 3 and burdening Lot 2, (b) be binding upon the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. The Declarant hereby also declares a covenant obligating the Owner(s) of Lot I and the Owner(s) of Lot 2 to share in the cost of supplying electric power to the pole lights on all three of the Lots if the Owner(s) of Lot 2 utilize either of the following two approaches: (a) Approach I : The Owner( s) of Lot 2 may install a separate power service and associated meter (a meter periodically read by the electric power company) for the pole lights, in which event the Owner(s) of Lot 2 shall (i) set up a separate corresponding account with the electric power company in the name of the Owner(s) of Lot 2 (or in their agent's name) for receipt of bills for the power consumed by the pole lights and (ii) pay the electric company in the first instance for the electric bills for the power consumed by all of the pole lights on all three of the Lots (including applicable taxes), subject to DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 59 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc reimbursement by the Owner(s) of Lot I and the Owner(s) of Lot 3. The Owner(s) of Lot 2 may then forward a copy of each such bill to the Owner(s) of Lot I (along with a request for reimbursement to the Owner(s) of Lot 2 for payment of23.53 percent of each such bill plus an administrative charge of 15 percent thereof') and the Owner(s) of Lot 3 (along with a request for reimbursement to the Owner(s) of Lot 2 for payment of64.71 percent of each such bill plus an administrative charge of 15 percent thereof°) The Owner(s) of Lot I and the Owner(s) of Lot 3 shall be obligated to pay each of their respective reimbursements plus the corresponding administrative charge to the Owner(s) of Lot 2 not later than twenty (20) days following receipt of each such bill copy and corresponding request for reimbursement, failing which: (a) Late payment charges shall accrue at the rate of twelve (12) percent per annum compounded monthly on all sums owing until paid; (b) The defaulting Owner(s) shall be liable for the reasonable attorney's fees of the Owner(s) of Lot 2 in collecting unpaid sums that are due, whether or not suit is filed for collection; ( c) The Owner( s) of Lot 2 shall be deemed to have a lien upon Lot I and/or Lot 3 as the case may be for (i) all of the above sums owing (including, without limitation, the reasonable attorney's fees incurred in the effort to collect unpaid sums) and (ii) the expenses of foreclosure of the lien, including reasonable attorney's fees related thereto). (b) Approach 2: The Owner(s) of Lot 2 may install a private "deduct" meter to meter the power supplied to the pole lights from Lot 2's electric power service that is metered by Building B's "house" meter, in which case the Owner( s) of Lot 2 may from time to time take meter readings from the "deduct" meter and notify in writing the Owner(s) of Lot I (or the agent of such Owner(s)) and the Owner(s) of Lot 3 (or 'The 23.53 percent figure is based upon the fact that four of the seventeen pole lights are located on Lot I. 'The 64.71 percent figure is based upon the fact that eleven of the seventeen pole lights are located on Lot 3. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 60 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc the agent of such Owner(s)) as to the following items and request reimbursement: (I) the amount of power that the deduct meter shows has been consumed by all the pole lights on the Property during a particular period of time; (2) the total amount of power metered by Building B's "house meter" during a corresponding time period; (3) the overall charges (including applicable taxes) for the electric power that the electric power company billed to the Owner(s) of Lot 2 for all of the power metered through Building B's "house" meter for the corresponding time period (the "Building B 'House' Meter Power Charges") (and shall include a set of copies of the power bill( s) for such period from the electric power company); (4) the pro rata share of the Building B 'House' Meter Power Charges that the amount of power that the deduct meter shows has been consumed by the pole lights on all three of the Lots equals (the "Pole Lights Pro Rata Power Cost Share for All Lots"); and (5) a breakdown showing both (i) Lot l's reimbursement portion of the Pole Lights Pro Raia Power Cost Share for All Lots as 23.53 percent thereof and (ii) Lot 3 's reimbursement portion of the Pole Lights Pro Rata Power Cost Share for All Lots as 64. 71 percent thereof. The Owner(s) of Lot I and the Owner(s) of Lot 3 shall be obligated to pay each of their respective reimbursements plus a corresponding fifteen (15) percent administrative charge to the Owner(s) of Lot 2 not later than twenty (20) days following receipt of each such notice and corresponding request for reimbursement, failing which: (a) Late payment charges shall accrue at the rate of twelve (12) percent per annum compounded monthly on all sums owing until paid; DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 61 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc (b) The defaulting Owner(s) shall be liable for the reasonable attorney's fees incurred by the Owner(s) of Lot 2 in collecting unpaid sums that are due, whether or not suit is filed for collection; (c) The Owner(s) of Lot 2 shall be deemed to have a lien upon Lot I and/or Lot 3 as the case may be for (i) all of the above sums owing (including, without limitation, the reasonable attorney's fees incurred in the effort to collect unpaid sums) and (ii) the expenses of foreclosure of the lien, including reasonable attorney's fees related thereto); and (d) The Owner(s) of Lot 2 may at any time shut off electric power from the Lot 2 electric service that is metered by the Building B "house" meter to the pole lights on Lot I (if the Owner(s) of Lot 1 have failed to timely pay) and/or Lot 3 (if the Owner(s) of Lot 3 have failed to timely pay). This covenant shall (a) run with the land, benefiting Lot 2 and burdening Lot 1 and Lot 3, (b) be binding upon the Owner(s) of Lot I and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 14.4 Covenants Regarding Maintenance. Operation. and Repair/Replacement of the Walk Lights and the Pole Lights on Each of the Three Lots. The Declarant hereby declares a covenant obligating the Owner(s) of Lot 1 to maintain in good working order, operate, and repair and/or replace when necessary the walk lights and the pole lights on Lot I. This covenant shall (a) run with the land, benefiting Lots 2 and 3 and burdening Lot I, (b) be binding upon the Owner(s) of Lot 1 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner( s) of Lot 2 and the Owner( s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. The Declarant hereby declares a covenant obligating the Owner(s) of Lot 2 to maintain in good working order, operate, and repair and/or replace when necessary the walk lights and the pole lights on Lot 2. This covenant shall (a) run with the land, benefiting Lots I and 3 and burdening Lot 2, (b) be binding upon the Owner( s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns, and (c) inure to the benefit of the DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 62 Yc\cf\24881007\EC & Rs\Declarat;on Fl (J-2-09).doc Owner(s) of Lot I and the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns. The Declarant hereby declares a covenant obligating the Owner( s) of Lot 3 to maintain in good working order, operate, and repair and/or replace when necessary the walk lights and the pole lights on Lot 3. This covenant shall (a) run with the land, benefiting Lots I and 2 and burdening Lot 3, (b) be binding upon the Owner(s) of Lot 3 and their respective personal representatives, heirs, successors, and assigns, and ( c) inure to the benefit of the Owner(s) of Lot I and the Owner(s) of Lot 2 and their respective personal representatives, heirs, successors, and assigns. 15. Time of the Essence. Time is of the essence of each and every provision of this Declaration. 16. Term. The easements, covenants and other prov1s10ns set forth in this Declaration shall be effective commencing on the date of recordation of this Declaration in the office of the King County Recorder and shall remain in full force and effect in perpetuity, unless this Declaration is modified, amended, or terminated in accordance with Sections 17 or 32 hereof. 17. Amendment or Modification. This Declaration may not be modified or amended except by a writing signed by the Owner(s) of all of the Lot(s); PROVIDED, HOWEVER, that in regard to any of the easements that only involve two of the Lots ( one Lot as the benefitted estate and the other as the burdened estate), the owner( s) of those two Lots may amend only such easements provided that such amendments do not substantially impair the rights under this Declaration of the Owner(s) of the third Lot. No such modification or amendment shall be effective until such modification or amendment has been recorded in the real property records of King County, Washington. 18. Declaration to Run with the Land; Successors. This Declaration shall run with the land comprising the Property and shall be binding upon and shall inure to the benefit of the Owner(s) of the Lots and their respective heirs, successors, and assigns. 19. Release of Obligations. If the Declarant or the Declarant's successor(s) in ownership of any of the Lots ( or any portion thereof) shall sell, transfer or otherwise terminate its or their interest as owner(s) of said Lot(s) or portion thereof, then, from and after the effective date of such sale, transfer, or termination of interest, the transferee( s ), by acceptance of the transfer of such interest, shall thereupon become subject to the easements, covenants, and other provisions contained in this Declaration in relation to the Lot( s) or portion( s) thereof that are acquired, and the selling or transferring Declarant or other owner( s) shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Declaration as to the Lot(s) or portion(s) thereof so sold or transferred, except DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 63 Y:\cf\2488\007\EC & Rs\Declaration Fl (3-2-09).doc those damages or liabilities (if any) that have already accrued as of the date of such sale, transfer or termination of interest. 20. Duty to Restore the Land Subject to the Easements Upon Exercise of Easement Rights. Upon the completion of any instance of the exercise of easement rights arising under this Declaration, the Owner(s) of any Lot(s) exercising such rights on another Owner(s)' Lot(s) shall promptly repair any damage caused to the other Owner(s)' Lot(s) so as to restore the other Owner(s)' Lot(s) to substantially the condition they were in prior to the exercise of such rights. 21. Indemnification. The Owner(s) of each of the Lots shall indemnify, defend and hold harmless the Owners( s) of the other Lots from any and all damages, claims, or liabilities resulting from the actions of the indemnifying Owner(s) and those Owner(s)' employees, contractors, agents, tenants, invitees, and licensees that may be proximately caused by the use of any easement(s) established by this Declaration for the benefit of the indemnifying Owner(s) on one or more of the other Lots, except as may result from the negligence or intentional misconduct of the Owner(s) whose Lot(s) are subjected to the easement. 22. Enforcement; Venue. Declarant and its successors and assigns and successor owners in fee title to all or any part of the Property shall have the right to prosecute a proceeding at law or in equity against any person or persons who have violated or breached or are attempting to violate or breach any of the easements, covenants, or other provisions set forth in this Declaration, to enjoin or prevent them from doing so, and/or to cause said violation or breach to be remedied and/or to recover damages for said violation. The failure of any person or entity having a right to do so to enforce any of the easements, covenants, or other provisions contained in this Declaration shall in no event be deemed to be a waiver of the right to thereafter do so nor of the right to enforce any other of the easements, covenants, or other provisions set forth in this Declaration. The sole place of venue for any proceedings arising out of this Declaration shall be King County, Washington. 23. Costs and Fees. In the event a person or entity so entitled files an action to (a) enforce compliance with this Declaration or (b) allege a breach of this Declaration, the party that substantially prevails in that action shall be entitled to receive from the part(ies) which do not substantially prevail reasonable attorney's fees and all necessary and reasonable litigation expenses incurred in obtaining relief, including those incurred in any appeal arising out of the action. 24. Applicable Law. This Declaration shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the State of Washington. DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 64 Y:\cf\2488\007\EC & Rs\Declaration FI (3-2-09).doc 25. Self Help. In addition to all other remedies available at law in equity (and in addition to any other remedies specifically provided in other sections of this Declaration), upon the failure of defaulting Owner(s) of any Lot(s) to cure a breach of this Declaration by such Owner or by its employees, contractors, agents, tenants, invitees, and licensees within thirty (30) days following written notice thereof by the Owner(s) of one or more of the other Lots ( or within a shorter period of time following such written notice if necessary to avert substantial damages to the other Owner(s)), any Owner(s) shall have the right to perform such obligation on behalf of such defaulting Owner(s) and be reimbursed by such defaulting Owner(s) within twenty (20) days following demand for the reasonable costs thereof, with interest compounding monthly until paid at the prime rate interest of Bank of America or its successor ( or in the event that Bank of America or its successor is no longer in existence, then the prime rate interest of another federally chartered bank that has offices in Seattle, Washington, selected by the nondefaulting Owner(s)), plus five (5) percentage points per annum (not to exceed the maximum rate of interest allowed by law). 26. No Termination for Breach. Notwithstanding anything to the contrary contained in this Declaration, in no event shall any default or breach under this Declaration entitle any party to seek or to enforce the cancellation, rescission, or termination in whole or in part of this Declaration or of any of the easements or covenants set forth herein. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any of the Lots made in good faith for value, but the easements, rights, and obligations contained in this Declaration shall be binding upon and effective against any Owner(s) of such Lot(s) whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. 27. Severability. If any provision of this Declaration is determined by a court to be invalid or unenforceable, the remainder of this Declaration shall remain in full force and effect. 28. Notices. Any notice to be given by any Owner(s) under this Declaration shall be given in writing and delivered in person, or by reputable nationwide overnight courier (e.g., FedEx), or by certified or registered mail, postage prepaid, return receipt requested, to the residence address of the intended recipient (if the intended recipient is a natural person) or to the office of the registered agent of the intended recipient (if the intended recipient is a corporation, limited partnership, limited liability company, or other legal entity or association that is required to have a registered agent), unless the party giving such notice has been previously notified, in writing, by the intended recipient of a change of address. Any such notice shall be deemed effective on the date on which such notice is delivered, if notice is given by personal delivery, on the next succeeding business day after deposit with an overnight courier for next day delivery, or on the date of actual delivery as shown by the addressee's return receipt if notice is sent through the United States mail. The Declarant's current address is: DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 65 Y:lcf\24881007\EC & Rs\Declaration Fl (3-2-09).doc Strada Da Valle LLC Attn: Ariane Elvebak 9125-lO'h Avenue South Seattle, Washington 98108-4612 29. No Rights in the Public. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Property. 30. Estoppel Certificates. The Owner(s) of any Lot(s), upon receiving a written request from the Owner( s) of one or more of the other Lots, must execute, have acknowledged, and deliver, without charge and within thirty (30) days following such request, an estoppel certificate that (a) certifies that this Declaration is in full force and effect, (b) identifies any and all amendments to the Declaration, ( c) certifies that no Owner is in default hereunder or under any amendment(s) (or stating such default(s), if any, as are claimed), and (d) certifies that the certificate is true and correct; PROVIDED, HOWEVER, that no additional certificate need be provided to the same requesting Owner( s) until 12 months have passed since the giving of the prior certificate. 31. reference. Exhibits. All Exhibits referred to herein are incorporated herein by this 32. No Merger; Prerequisite to Termination. The acquisition of title to all of the Lots by one Owner or set of common Owners shall not terminate this Declaration. This Declaration shall not be terminated without the express written consent of all of the Owner( s) of all three of the Lots recorded in a termination instrument recorded with the King County Recorder. 33. Date. The reference date of this Declaration is _, 2009. =--== ------- DECLARANT: STRADA DA VALLE LLC, a Washington limited liability company By:-------------- Gary M. Merlino, Manager DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 66 Y:\cf\2488\007\EC & Rs\Declaration Fl (3·2·09).doc STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of STRADA DA VALLE LLC, a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated: --------------- Signature Name (Print) _____ N.otary Public _______ _ Title My Appointment Expires DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND-Page 67 Y:\cf\2488\007\EC & Rs\Dcclaration Fl (3-2-09).doc EXHIBIT A Legal Description of "Joint Use Driveway Easement Strip A" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15. 00 FEET IN WIDTH, LYING 15. 00 FEET NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 88°10' 08" EAST 53. 35 FEET ALONG THE SOUTH LINE OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT B Legal Description of "Joint Use Driveway Easement Strip B" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15. 00 FEET IN WIDTH, LYING 15. 00 FEET SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 88 ° 10' 08" EAST 53. 35 FEET ALONG THE SOUTH LINE OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT C Legal Description of "Joint Use Driveway Easement Strip C" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 16.00 FEET IN WIDTH, LYING 16.00 FEET NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN Of EAST VALLEY ROAD; THENCE SOUTH 01 "49' 52" WEST ALONG SAID MARGIN 721.09 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 88°10' 08" EAST 53. 35 FEET ALONG THE SOUTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT D Legal Description of "Joint Use Driveway Easement Strip D" THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 16.00 FEET IN WIDTH, LYING 16.00 FEET SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 721.09 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 88°10'08" EAST 53.35 FEET ALONG THE SOUTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT E-1 Legal Description of "Detention Pond Easement Area" THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE TOWNSHIP 23 NORTH, RANGE 5 FOLLOWS: NORTHEAST QUARTER OF SECTION 30, EAST, W.M., BEING DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10' 08" EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01 °49' 52" WEST ALONG SAID MARGIN 1217. 03 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30; SAID SOUTH LINE BEING ALSO THE SOUTH LINE OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT; THENCE SOUTH 89°45' 25" EAST ALONG SAID SOUTH LINE 66. 68 FEET; THENCE NORTH 00°14'35" EAST 1.70 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°45'25" EAST PARALLEL WITH AND 1.70 FEET NORTHERLY FROM SAID SOUTH LINE 185.50 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 17. 50 FEET, AND A CENTRAL ANGLE OF 180°00'00"; THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 54.98 FEET; THENCE NORTH 89°45'25" WEST 185.50 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 17.50 FEET, AND A CENTRAL ANGLE OF 180°00'00"; THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 54.98 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT E-2 Legal Description of "Detention Pond Access Easement Area" THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88 ° 10' 08" EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 1217.03 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30; SAID SOUTH LINE BEING ALSO THE SOUTH LINE OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT; THENCE SOUTH 89°45'25" EAST ALONG SAID SOUTH LINE 66.68 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°14'35" EAST 1.70 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 17.50 FEET, A CENTRAL ANGLE OF 180°00'00", AND TO WHICH A RADIAL LINE BEARS SOUTH 00°14'35" WEST; THENCE WESTERLY, NORTHERLY AND EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 54.98 FEET; THENCE SOUTH 89°45'25" EAST 185.50 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 17.50 FEET, AND A CENTRAL ANGLE OF 180°00'00"; THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 54.98 FEET; THENCE SOUTH 00°14'35" WEST 1.70 FEET TO SAID SOUTH LINE OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30; THENCE SOUTH 89°45'25" EAST 11.73 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 22.50 FEET, A CENTRAL ANGLE OF 148°34'34", AND TO WHICH A RADIAL LINE BEARS SOUTH 31°10'51" EAST; THENCE NORTHEASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 58.35 FEET; THENCE NORTH 89°45'25" WEST 185.50 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22.50 FEET, AND A CENTRAL ANGLE OF 148°34'34"; THENCE WESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 58.35 FEET TO SAID SOUTH LINE OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30; THENCE SOUTH 89°45'25" EAST 11.73 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SAID LOT 3, BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01"49'52" WEST ALONG SAID MARGIN 1217.03 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30; SAID SOUTH LINE BEING ALSO THE SOUTH LINE OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT; THENCE NORTH 01°49'52" EAST ALONG SAID MARGIN 71.45 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 88°10'08" EAST 72.40 FEET; THENCE SOUTH 00°14'35" WEST 27.70 FEET TO A POINT 41.70 FEET NORTHERLY FROM AND PERPENDICULAR TO SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID EAST MARGIN OF EAST VALLEY ROAD; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT F-1 Legal Description of "Storm Drain Easement Strip A-1" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT 44.65 FEET; THENCE NORTH 01°36'11" EAST 14.90 FEET; THENCE NORTH 7 6° 19' 0 9" WEST 5. 00 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 76°19'09" EAST 84.00 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; EXCEPT THAT PORTION THEREOF LYING SOUTH OF SAID SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT F-2 Legal Description of "Storm Drain Easement Strip A-2" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT 44.65 FEET; THENCE NORTH 01°36'11" EAST 14.90 FEET; THENCE NORTH 76°19'09" WEST 5.00 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 76°19' 09" EAST 84. 00 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; EXCEPT THAT PORTION THEREOF LYING NORTH OF SAID SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT G Legal Description of "Storm Drain Easement Strip B" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10' 08" EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT 34. 92 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 34°50'07" EAST 22.75 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT H Legal Description of "Storm Drain Easement Strip C" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT 44. 65 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 01 ° 36' 11" EAST 22. 4 0 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT I Legal Description of "Storm Drain Easement Strip D" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOOTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOOTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOOTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOOTH 88°10'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT 4 4. 65 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOOTH 01°36'11" WEST 122.02 FEET; THENCE SOOTH 02°43'24" WEST 168.40 FEET TO THE SOOTH LINE OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, AND TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH LINE AND AT THE SOUTH LINE OF SAID OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COONTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BOSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT J Legal Description of "Storm Drain Easement Strip E" THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWSST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT 44.65 FEET; THENCE SOUTH 01°36'11" WEST 122.02 FEET; THENCE SOUTH 02°43'24" WEST 168.40 FEET TO THE NORTH LINE OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT, AND TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 02°43'24" WEST 47.82 FEET; THENCE SOUTH 00°40'11" WEST 171.05 FEET; THENCE SOUTH 02°00'23" WEST 130.41 FEET; THENCE SOUTH 07°23'52" EAST 125.00 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH LINE OF LOT 3 OF SAID STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT K Legal Description of "Storm Drain Easement Strip F" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT 37.15 FEET; THENCE SOUTH 01°36'11" WEST 115.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°36'11" WEST 6.65 FEET; THENCE SOUTH 02°43'24" WEST 30.71 FEET; THENCE NORTH 87°16'36" WEST 12.07 FEET; THENCE NORTH 54°00'00" WEST 13.44 FEET; THENCE NORTH 64°54' 07" WEST 15.22 FEET TO SAID EAST MARGIN OF EAST VALLEY ROAD; THENCE NORTH 01°49'52" EAST ALONG SAID EAST MARGIN 16.33 FEET; THENCE SOUTH 64°54'07" EAST 17.20 FEET; THENCE NORTH 02°43'24" EAST 13.99 FEET; THENCE SOUTH 88°23'49" EAST 21.59 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT L Legal Description of "Sanitary Sewer Easement Strip 1" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE NORTH LINE OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT 34. 41 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 08°45'11" WEST 148.49 FEET; THENCE NORTH 68 ° 5 7' 4 4" WEST 17.49 FEET TO SAID EAST MARGIN OF EAST VALLEY ROAD, AND TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID NORTH LINE OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT AND AT SAID EAST MARGIN OF EAST VALLEY ROAD. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT M Legal Description of "Sanitary Sewer Easement Strip 2" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT 34 .41 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 08°45'11" EAST 41.50 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON . • STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • • EXHIBIT N Legal Description of "Sanitary Sewer Easement Strip 3" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT, LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10' 08" EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE SOUTH 88°10'08" EAST ALONG THE SOUTH LINE OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT 67. 82 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 39°16'10" WEST 52.00 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID SOUTH LINE OF LOT l OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • • EXHIBIT 0 Legal Description of "Gas Easement strip" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE NORTH 01°49'52" EAST ALONG SAID MARGIN 34.07 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 86°53'00" EAST 8.94 FEET; THENCE SOUTH 76°42'53" EAST 71.42 FEET; THENCE SOUTH 48°07'37" EAST 17.11 FEET; THENCE SOUTH 86°14'56" EAST 51.60 FEET; THENCE SOUTH 36°53'46" EAST 10.16 FEET TO THE SOUTH LINE OF SAID LOT 1 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE SOUTH AND WEST LINE OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 ' • • EXHIBIT P Legal Description of "Electrical Easement Strip l" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE NORTH 01°49'52" EAST ALONG SAID MARGIN 33.40 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 79°56'54" EAST 73.00 FEET; THENCE SOUTH 05°08'08" WEST 23.00 FEET TO THE SOUTH LINE OF SAID LOT 1 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE SOUTH AND WEST LINE OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • • EXHIBITO Legal Description of "Electrical Easement Strip 2" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10' 08" EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE NORTH 01°49'52" EAST ALONG SAID MARGIN 33.40 FEET THENCE SOUTH 79°56'54" EAST 73.00 FEET; THENCE SOUTH 05°08'08" WEST 23.00 FEET TO THE SOUTH LINE OF SAID LOT 1 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE CONTINUING SOUTH 05°08'08" WEST 245.91 FEET; THENCE SOUTH 00°52'03" WEST 44.89 FEET TO THE SOUTH LINE OF SAID LOT 2 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH AND SOUTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT R Legal Description of "Electrical Easement Strip 3" THAT PORTION OF LOT 3 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE NORTH 01°49'52" EAST ALONG SAID MARGIN 33.40 FEET THENCE SOUTH 79°56'54" EAST 73.00 FEET; THENCE SOUTH 05°08'08" WEST 23.00 FEET TO THE SOUTH LINE OF SAID LOT l; THENCE CONTINUING SOUTH 05°08'08'' WEST 245.91 FEET; THENCE SOUTH 00°52'03" WEST 44.89 FEET TO THE SOUTH LINE OF SAID LOT 2 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE CONTINUING SOUTH 00°52'03" WEST 64.77 FEET; THENCE SOUTH 56°51'32" WEST 71.50 FEET TO THE WEST LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE NORTH AND WEST LINE OF SAID LOT 3 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 • • EXHIBITS Legal Description of "Telecommunications Easement Strip 1" THAT PORTION OF LOT 1 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52u WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88 ° 10' 08 u EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH Ol 0 49'52u WEST ALONG SAID MARGIN 430.70 FEET; THENCE NORTH 01°49'52u EAST ALONG SAID MARGIN 39.40 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE SOUTH 74°56'44u EAST 77.50 FEET; THENCE SOUTH 04°41'09u WEST 21.70 FEET TO THE SOUTH LINE OF SAID LOT 1 AND THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE SOUTH AND WEST LINE OF SAID LOT 1 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 , • EXHIBITT Legal Description of "Telecommunications Easement Strip 2" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NCRTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10' 08" EAST 30. 00 FEET TO THE EAST MARGIN OF EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 430.70 FEET; THENCE NORTH 01°49'52" EAST ALONG SAID MARGIN 39.40 FEET; THENCE SOUTH 74°56'44" EAST 77.50 FEET; THENCE SOUTH 04°41'09" WEST 21.70 FEET TO THE SOUTH LINE OF SAID LOT 1 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE CONTINUING SOUTH 04°41'09" WEST 217.00 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE NORTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 • EXHIBIT U Legal Description of "Telecommunications Easement Strip 3" THAT PORTION OF LOT 2 OF THE STRADA DA VALLE SHORT PLAT LYING IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01°49'52" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 99.11 FEET; THENCE SOUTH 88°10'08" EAST 30.00 l"EET TO THE EAST MARGIN 01" EAST VALLEY ROAD; THENCE SOUTH 01°49'52" WEST ALONG SAID MARGIN 721.09 l"EET; THENCE SOUTH 88°10'08" WEST 117.50 FEET ALONG THE SOUTH LINE OF SAID LOT 2 AND THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 32°35'48" WEST 100.00 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE SOUTH LINE OF SAID LOT 2 OF THE STRADA DA VALLE SHORT PLAT. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. STRADA DA VALLE JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2008105.00 MARCH 02, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102