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LUA98-097
5 32 PL. I 1 1 I I " , 11, \ ♦ 1 ' ' 1 \ 1 l�n, .\\\ lit ' r=r lig i,\.1_,.C1 .,. . la Ii m,_.„._ ni :\_ 1 1. ,i: Elk int ssls V I • taJ . h __.: , _ _:..._ .., . ,, A, -014111...; az 1 ' . aii....,_ egg , •,.t ,4ijjIiIIIIIlJt L I\, I p 1 / .,:gi, .4 a TA: n ‘,. . i; I :.: .:1-.1 al - -.1 C.,iii.\ 0 in Efial '--f 1$1' Li -al 1 ihilii.\ • 4 • - 1en • rt " ` � N N qs ir 35 4 ILV ) ./ ' :ti 1 ( • �r pumQ E •NOTE; }} CAULK AND/OR VEATHERSTRIP ALL JOINTS 8cD PENETRATIONS EXTERIOR TO HEATED SPACES n i \ b 1E}EST PONT lF S7rP. /-W"P.soaO: 12 5 w til GENERAL NOTES— \ Taw a rQADC -SEE SYEET 5 l?J N I ALL WORK.iNCLUDINS 6 ler PLUABING.ELECTRICAL. 8 STRUTURAL.SHALL COrF ORA TO THE LATEST ADOPTED EDIT- ION OF THE LHIFORA TOP TE 7►D surfPLUABING 8 AECHANICAL I CODES, THE CODE,NATIONAL ��� UNIFO R B CODE, TFE ��' �� —•• 8 ALL L BIALD�G CODE. `a ^. � �— VW ATE now way n-a ac 8 ALL LOCAL ORD1N D� I FtmTI 1 S van ANCES. o TIE CONTRACTOR SHALL v r PLANS. THE SITE 8 TFE I :■ liii 11111 NOTES. VERIFY ALL — ! NOTES. AINTS PE 8 ® r CONSTRAINTS IN PERFOA- y- AZ TIE VDRK. F. 2D Sever Z E VRTT DEAEN TAKETEN PRECEDENCCEE OVER III I l l� W I" (SCALE. L L BgF. 00 l� gRig r>f l~f)R 3 --� zr _ in O L___�____� F ..- _ STORY --� [""-1 r- i Ci f B I D_ iYl tIA7Q[RW ENERGY CODE fnsO____ CAlTENIA �-MX .. 91 L J1H F6CIOe a onn oriri o .�ILweannwc WM "®"`SO LEFT SIDE ELEVATION FRONT ELEVATION B Y 1f1 z LI lt,,N, M < ,.t ,.... .ir RI= 4.21.RV11.1 R 1ue ox own iizi•Ne RKI FIR 1i 1OE 1 : !I IIIlI'I' IIILIlII at L.) Z R a Ti) ' cRreE-1 �zet Gil n< REAR ELEVATION RIGHT SIDE ELEVATION ,uN 1 � 139� p r u Ti753 PL).\ om ■..■.■ MUM ■....■ ...... .._..11 ti - ■■■ II II _ ■.■ II II iii III II I-1' MN II II •L• ._ : � I PLN � 0 it fL_.P\% G /Qt6-r PO.T ff ELI-lC s NNNINNib ' 7 IV -_ _ L2 �rA�ea II .eW.LS 2. eg R TE NEW IPPER STORY W ~ / el ,$) mom .....----17N CEDAR WY Ell MI .ci;in er MUM , 112 is 6.IPPETL STCiT'FM FLOOR 1£1[?r ie4 ara , , , —um --_____- , , i , - 1,, II I Hu um ti ....mmo 1 D LI tfj -GENERAL NOTESSTOR F0 RIM MIN ^H I I+I R ALL PORK.INCLILALL t I i 5 §(10 a STRITL ELECTRICAL. �j a STRUTLFiAL.SHALL C06FORA TO THE t� LATEST ADOPTED EDIT- FRONT ��3 ION OF THE tECHAA LEFT SIDE NOTE: Avc Sow 70 LNOCa WC PLWS.T d NATION L CALLK AND/OR YEATFERSTRIP ALL JOINTS 8 ��700.�PM""CAII OGTAAN 0 CODES.THE NATIONAL �� ELECTRON_CCOE-199e PENETRATIONS EXTERIOR TO HEATED SPACES X i LNIFORA BIULDING CODE. ALL RDA--I-INS AND FIRE BLOCKING Q a ALL LOCAL ORM- MIST et APPROVED PRIOR TO COVER a< ANCES. THE CONTRACTOR SHALLEXAAIN MN WA9iNiTQ�ENERGY f�COFOMWCE CRIIMA ITE NOTES. THE ION 8 THE PLANS. VERIFY ALL s'�. �.�o 1' T'Sm � /V W NOTES.AINTS IN d CONSTRAINTS 1N PERF011- Ewa M MOD AP u 1NG THE VORK. taM MAW'' A Z TAKEIORIT N PRECEDEDIAENSICINCE w�uoiR TAKE PRECEDENCE OVER � � FIV7 ('—' ti SCALE. ��"",,,".+eu, _ m M J t. ..... ..tz :T.: = E m�i-I 11t Rf �IMR INC OCR 4IPMt IRMA RA tOs. O Z U s N f;3 I s N. U Car Z INI ci <ZIE L.)Lz. _ a EI�IDMU CD J S u C.,Z z� r, ,,,,«�� �LACIPG ,g RIGHT SIDE <J N REAR a n< ELEVATIONS Girt SUN 1 1�-`'g -- n ) 2 M si PLPN1•t 8 T T NOTESc CAULK AND/OR HEATHERSTRIP ALL JOINTS 8 'C1 ' I P PENETRATIONS EXTERIOR TO HEATED SPAI-7 P r;O7I c— .71 L4 l 1NI Z J W tom.9,43LES-\\ I 1 —GENERAL NOTES ALL WORK INCLNG 1 PLUMBTG., ELECTTRRICCAL. R ¢ a STERN TO SWILL I CO CONFORM TO THE •r\ CO LATEST ADOPTED EDIT- \\ 1/ !ON OF ME UNIFORM — U I- PLUMI V a MECHAraCAL cLAac SPErs-Ea PAcc I • p ELECT THE NATIONAL a s � �� p 0ELECTRCAL CODE TFE 5/e'T}a ems . Ii--,-- to R UNIFORM BUILDING C . IXA TRIG—. E CO O7 a ALL LOCAL ORCprF AICIMI -- I 1 ' 0 lT cn =R THE CWTRACTCR SHALL - I .�� EXA ME THE SITE a THE 1 0O I I 1 a X 3 PLANS.VERIFY ALL _ 0 • NOTES.DEr+ErRstDHas a - 1 i� j m c CONSTRAINTS 1N PERFOM- I - -I GRADE —� t - /r Cr IW THE WORK 'LAY.X.c STEP To o►sec aw / —O 3 TWRITTEN cEOENNGcIO OVER LEFT SIDE ELEVATION FRONT ELEVATION _� 3 SCALE IL NM MaiiirreN MOW COOS COWORPIANCE CRITERIA i sRo.'nR�+r+onn..asnK tr R If r- Z w...'°� "'®""WO - — HEIMEST POINT ff STRUCTURENA TT F no I vR eirs +R °"Mn tt I E. Rif III 9 s 9 5/IW _ A V M Z Tau ecAre/cELao1 O z la "�. m�4i'i V a i Of M.1 PIN ORALS R TS Mom. ‹}..1 71 N Ct QOV rr = S s ill\-- \ zr nrns U 5/r mu L Z FINISHED i " 1�I I IS M? U CI.* mazi ar [] MOMS 'WOO jur z>/21 u, EIS C C ��T IC E ..... i Z \ -JI.Li e r r 51/7. . •.GRACE Ct tnA> REAR ELEVATION <RrsTEPTGRI�wso�Rnauw RIGHT SIDE ELEVATION JUN 1 1 ' REG :, 096 T }- s irliggliltil i - -- ---1 fl 6 F- 1*1 m � N0 14,0 i 1112 Pw,..251 leer ®i Aiii :um ifi ii CI 1 ‘ I m > _min (— ___J m 0 I mmu > n — 1 in Z ' f 9 o i r----) , iI -a-- I 1 i z..g. y 1tR ;; t 5 ; a ir 84 mr TJJ .(7 '6 \ 0 m - ' END m rn rn _ —+ \ z i) \ o io 4 J 000 A z ---- ) i( ) I - — — V .-/ \ r , L 1 E L„...„ \ __ pm .. IP CIi♦ J DRAWINGS BY CHIP No.PLAN FOR: L Hullqulsl. Homes. Inc, l92 ALLEN L L . F'ANC HER CONSULT [NG P. O. Box 1796 SCALE 1/4-=l -0= 912 9161 STREET N.E. . AUBURN. WA 989Q2. (20461833-Q574 Auburn. WA 980?1-1?96 941300356 SHEET 1 OF 8_ City of Renton Finance Department Request for Claims or Treasurer's Check Date of Request S<A7-1-, 14, 1998 Date Required frSteo.9 Requesting Department Di/, 5'Vi(,eS Authorized Signature G REASON FOR CHECK Deposit Refund Name 60 h ntr ti ASSaGi ci,-1{,S Amount Ai boo. oo Finance Receipt No R'1QW,03bo 1 Receipt Date W11 1qg . Other Describe Circumstances Requiring Issuance of Check: Sik, plcun revtev'J Val ykLcckck A,�'rlcca+ioh y�i�l�dt�aw� CHECK PREPARATION INSTRUCTIONS Amount $ goo, ao Charge to Account(s) 6O0,3/f5, -/, ap, ao/7 Payable To d' (,)Yli1U' d { SOr,i (�-} Address 11G7 5 . 34 1 -F( . 4 C� Feczr' vJA,9 , k'A 16003 yN �� � il heck to Payee Return to Albvtim Soc Sec or IRS ID No 0 Other: J—Zfretfr CHECK AUTHORIZATION - Finance Department Use Only Approved Date 0 Claims 0 Treasurer's Check No: CTY006/7/89 JA G ER ENGINEER 4G 9419 S. 204 PLACE - KENT, WASHINGTON 98031 PHONE (253) 850-0934 FAx (253) 850-0155 August 18, 1998 Leslie Nishihira City of Renton Development Services 200 Mill Ave. S. Renton, Wa. 98055 RE: O'Connor Plat (a.k.a. Winsper II) - Site Plan Approval Application Project No. LUA-98-097,SA-A Dear Leslie: We were informed by City Staff that this application for site plan approval for lots #34 - #45 will no longer be necessary due to an imminent change in the zoning. I understand that all review has been ceased on this application. Please consider this letter as our formal request that the application be withdrawn and that the fees paid to the City be refunded to O'Connor and Associates, the applicant. Please feel free to call me with any questions. Thank you. Sincerely, go---Aw-J3 James J. Jaeger, Project Engineer ' S June 22, 1998 Renton City Council Minutes Page 220 Responding to Councilman Corman, Mr. Kattermann noted that Council could always change the boundaries of Area "A" in the future to accommodate situations such as that described by Mssrs. Pugh and Heller. Additional correspondence was read from Rosemary Grassi, no address provided, who asked that the Puget Sound Energy property be excluded from the Automall area, as she felt it could be used in the future to expand the new city hall complex. Noting her concern that the entrance into the Chevron station in Renton Village is hazardous to drivers entering from the east, Ms. Grassi further asked that the City encourage natural landscaping with plants and flowers in the Automall and discourage streamers, fringe and balloons which are not as attractive. Responding to Councilmember Keolker-Wheeler, Mayor Tanner said the primary reason for including the Puget Sound Energy site in Area "B" is because it has already been sold to AutoNation, and only by including it in Area "B" will the City be able to require the higher landscape standards. He added that this site is currently zoned Heavy Industrial (IH), which allows auto sales. Jerry Shreve, PO Box 95, Kent, 98035, stated that he owns a home at 515 Wells S. adjacent to the proposed Automall expansion area, the basement of which has flooded three times in the last eight years. He was concerned that additional development and pavement would increase the storm water runoff in this area, resulting in more flooding. He therefore requested that the City re-evaluate its storm water runoff regulations for any new development in this area. Planning/Building/Public Works Administrator Gregg Zimmerman agreed that this area still experiences surface water problems, which the City is addressing. Chief Administrative Officer Jay Covington added that Renton's development regulations stipulate that no new project is allowed to increase an area's current storm water runoff. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING, LEAVING THE WRITTEN RECORD OPEN FOR ONE WEEK AS REQUESTED. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 1998 and beyond. Items noted included: * Metro Credit Union has donated $500 to the City's scholarship program, which enables Renton residents to participate in a City class or activity for half the cost or no cost. * Dredging of the Cedar River began last week, with dredged materials being trucked for storage to the Narco site at an expected frequency of one truck every five or six minutes. * Water Supervisor Ray Sled was selected to be part of a team traveling to Bosnia to help with that country's water distribution system. AUDIENCE COMMENT Jerry Woods, 17712 SE Petrovitsky Rd., Renton, 98058, stated that as the Citizen Comment: Woods - owner of property located at 3521 Cedar Ave. S., he has long been concerned O'Connor Plat Impacts about increased water runoff from the adjacent O'Connor plat. Explaining (Water Runoff, Property that this problem was caused by the elevation of several lots in this plat, he Encroachment) additionally reported that another property owner's driveway was moved onto -- ` 8 69i June 22, 1998 Renton City Council Minutes Page 221 his land without his knowledge or permission. Mr. Woods worried that these problems would decrease the value of his property, and requested that they be resolved. Mayor Tanner agreed to look into this matter. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. CAG: 98-069, Museum City Clerk reported bid opening on 6/17/98 for CAG-98-069, Museum Restroom Renovation, Restroom Renovation project; seven bids; project estimate $30,000; and Pacific NW Builders submitted staff recommendation to award the contract to the low bidder, Pacific Northwest Builders, in the total amount of $30,276.87. Council concur. CAG: 98-076, 1998 City Clerk reported bid opening on 6/16/98 for CAG-98-076, 1998 Sidewalk Sidewalk Rehabilitation Rehabilitation for Windsor Hills; seven bids; project estimate $124,669; and (Windsor Hills), DA submitted staff recommendation to award the contract to the low bidder, D.A. Zuluaga Const Zuluaga Construction, Inc., in the total amount of $119,479. Council concur. CAG: 98-023, 1998 Street Public Works Maintenance Division submitted CAG-98-023, 1998 Street Patch Patch, Lakeridge Paving project; and requested approval of the project, commencement of 60-day lien period, and release of retained amount of $9,336.38 to Lakeridge Paving, Inc., contractor, if all required releases are obtained. Council concur. Public Works: Annual Water Utility Division recommended approval of annual consultant contract Consultant List for list for telemetry and Supervisory Control and Data Acquisition (SCADA) Telemetry & SCADA services. Council concur. Services MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.d. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Transportation Systems Division requested approval of Supplement No. 3 to Item 8.d. CAG-97-061, contract with Kato & Warren, Inc. (engineering and design CAG: 97-061, Oakesdale services on the Oakesdale Ave. SW project - SW 16th to 27th Streets), for Ave SW (16th-27th) landscape design and geotechnical inspection services in the amount of Engineering Services, $69,871.70. Kato & Warren Noting that this item was originally to be referred to the Transportation Committee, Councilman Schlitzer preferred that it proceed directly to Council's approval this evening. MOVED BY SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE AMENDMENT TO THE CONTRACT WITH KATO & WARREN AS PROPOSED. CARRIED. CORRESPONDENCE Correspondence was read from David L. Halinen, 10500 NE 8th St. Suite Citizen Comment: Halinen 1900, Bellevue, 98004, representing Gary Merlino Construction Co., Inc., - Monster Road Bridge asking that the planned closure of the Monster Road Bridge between Monster Temporary Closure Road SW and SR-900 (Martin Luther King, Jr. Way) for approximately 30 days between June 22nd and July 24th, be countermanded. The City Clerk noted that this issue was amicably resolved after Mr. Halinen submitted his letter to the Council last week. OLD BUSINESS Council President Edwards presented a report recommending that Council Committee of the Whole refer the matter of the West Hill potential annexation area (PAA) to the Annexation: West Hill Administration and the Planning Commission for review and recommendation PAA Boundary back to the City Council regarding this PAA boundary. The Committee I i Jennifer Toth Henning Project Manager Development Services Division 1055 South Grady Way Renton,WA 98055 June 22, 1998 RE: The proposed O'Connor project number LUA-98-097,SA-A. Dear Ms.Henning, I have repeatedly expressed my concerns over the water retention plan on the O'Connor plat. Because of the increased elevation of the O'Connor property,the water run-off has become a serious problem for my acreage(located at 3521 Cedar Ave. S.,Renton). I have discussed this problem with several people in your department and,also,with Jim Jaeger,engineer for the O'Connor plat. Very little,if any,action has been taken to solve or improve the situation. My second concern is regarding the random movement of Dale Miller's driveway,by either King County and/or the City of Renton,onto my property. The necessity of this movement was created,again,by the water run-off of Mr. O'Connor's development. Rather than insisting that Mr. O'Connor fix the problem, they simply moved the existing Miller driveway onto my land,WITHOUT my knowledge or permission. With the new proposed development,these,and other,problems will only increase, creating the very definite possibility of decreased land value as pertains to my land. Before any approval is given to the acceptance of the new site plan approval,I would like some guarantees that this water retention situation will be solved. I would like it on record that I hold the City of Renton,Tom O'Connor, and Lang Construction responsible for damages to my property. Sincerely, elEL erry Woods 17712 S.E.Petrovitsky Rd. Renton,WA 98058 425-226-2625 cc: Kayren Kittrick / }r}}}:?•:{•}::... pS•.%{{•}i}}:.}}• .}}`.•:L:•r:{•y>.:.}Y'f}}'F':: Y 'Y.rSi' 'c{Y.ii::;;.::?;y}t%%rTt•::Y:yk:{r, f9::S?};::;:: i:.:?•..;^.}}}}}}:tiY ::.�.:.:{:}}'Fir+'• .v.{•:' ;:>.: .IXrF.' .:i}: }f n4•}:i•.}J.+'i: ryF{.,r .............. }Y!.,, :iii :r}.Y:. %MEN .i . .. {:,... { ................................ ::t:: ••:Y•.v f igt :}rr}}.y2�;.} s:":.v4::.L61LJt6U { ir ...,• .:y, Ki} Z+yYi:: . . ?tip:!:. ..yft.{<.:..Efs N a }y� E.R Y OWN .. .s. PROJECT NAME: \k1 IN,1ZPE.fR TT — L-OTS * 34 - 4 - - S1 PLINiN APPLICATION NO: LL) 8• b91 i S W - IA The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER 34SI CrPf AQe. S• I. Sortrt ( r1N }{IPf' i/2 305 ` 1(.01 R roti V•fpf. Qt00,95 Z, (AIL 4 'JVuA kw Z0732. /13 /62. SE 008700 0/42 KCN7 WA 90(8) -17/7 _.3, AU /4MIR1 330'1 /72 4VE NE o0.070:7 0/47 a,E/ YuE_ wA 9.6?a,6-zoq4 4, WENDYV D4voo Y4iz4 170zO /64 44v - sE. 0o0700 o/43 Pra l7rt.1 w/ y80 5-5454 5 &.e.cI T 0.G .thP.9,/117AR. 17031 /05 ,4v - 5 : oe,97G6i D/5/ ,KeN1DA1 WA 950.55-5443 (. /e.F— / N Ai4-,v 17013 /05 iii.v. _.c,47 00BW 0439 XF_ArrnN RA-`11?055-5443 7. c*caoSNEPH�',e o w4 4751 .5. /7z Pi- 008700 o l4l0 5 ,47r -'IV 9B/g°3735 8 . 377-i-Trot YVisimtliRN ,DM/N. 6L12 , Old 8 700 D/53 UEfT. OFN/f/,'a4 Y5 aL y yPr• WA '/850/ 9, 'oA-/-eM/Ly,6-.e 17z// /64/1-L'.e 5 . z1z.3 gill ,eE,v-ON NA y8o55-545 /0. /1 $//I[a 41/7710,e fl'orH.c, 15455 6,5 .411E5. Z 1z3Gt5 9150 Takul/Li W.4 9a1P8-2534 11• .JERKY 4 FR, jcf-S U)021)S 177,25E Pp7»1J73K1 RD 2tiz365 9039 /2ArroN wA 99058-91,z5 •, Az • L U -4 GANVNatl&Rusr) //0749 .40L7/ScN ST 212305 q 123 LNcl NO CA'11436-/0E5 /3. WALTE,2 d Ii..SE 5T:EQ M,4N 11+31, SE zoB ST g /1-I Z92305' 96).61 r rr •1 G KL-ArrW,4RSo3i - hobo- r O h��� , 141 M,4, 3/G,02M%4N 17010/ 104 4v --.SE 1- i d z9z3o5 9/0. 0 N 1� / STbfV w11 96055-545s RECEIVED (Attach additional sheets, if necessary) /5. P &tea U 705 N 5O ST. "ft E0 1 2 235 9/34 • SE.4,rLe w/F 96103-&o4o (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER 'j� Applicant Certification J I• ArnES . 1 , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: ❑ City of Renton Technical Services Records Jit Title Company Records ❑ King County Assessors Records Signed f?'RJ�(�(l.QO - G Date (2//('/9 pp(' nt) NOTARY ATTESTED: S}�b�scribed and sworn before me, a Notary Public, in and for the State of Washington, residing at /'C Cstiy-42s2) GJq on_•;,,.. day of ��,� , 1 �. IIF �� Signed - ..05- ti�� t (Notary Pub ic) �� �T�s�e C ,tr '3\115TA,1 r + .+ .. , 'Cijti~ 1, ee0 e.. CE• Ir ►, .i.4. h : • (• LING I, ereby certify that notices of the proposed application were mailed to (City Employee) each listed property owner ort *1; �I$, Signed tt a J Date v• f ' " . NOTARY ATTEST S • scnbed and sworn before me, a Notary Public, in and for the State of Washington residing a(, ,,44.14..: s on the day ofC , 19' 1 Signed ` Ilstprop.doc REV07res MARILYN KAMCHEFF 2 COMMISSION EXPIRES 6/29/99 © CITY OF RENTON Planning/Building/Public Works `'' tikA' /I s�►�,.-1"`'oci ��� 200 Mill Avenue South - Renton, Washington 98055 UM i re 8—r e:fflaD .3 2 % *-- MITER W ADDRESS SERVICE REQUESTED 71554, U.S. POSTAGE la 008 Z 700 0!4Z 6¢1<1.-p \ita-0 Rizzo ZI3Z //3 Pc_ 5,• Avr w4 93O31— /7/7 .ti,DDRESEF. ---� RETURN ' SENGEP =41».9* 11,1.11,.1,11.11f1.1„1.1miiiiii111.1.1,1.,11,„tiiiiniiti 410111111r 0 0 CITY OF RENTON H miLl 1 Planning/Building/Public Works L.. . h .1' 3r ;1.4_4 Zisiii - ".- t- AL -'Irak,••••••••• •IMMII. #..1 1.-AJ\J Mill Avenue South - Renton, Washington 98055 UN i r9 8 :* • fl 3 2 --./33e) _ _ _ _ _ 7130564 ____ 1...... Nib., . S.S. POSTAGE : ADDRESS SERVICE REQUESTED c.) • • ' - - PBrItTE R * gs\ 2 oo 8700 611-7 ALI 474-1/41 33C 172. 4i' A) AMIR309 980082019 1N 18 R 06/22/q8 ETURN TO SENDER eei.i .VaZ___W4 98008 NO FORWARD ORDER ON FILE UNABLETO FORWARD I 11ii 11 1 i 11 HI 1 I 1 il ii I 44 berial/2::•:-'1.,":3 lisillilliillliiiillililliiiii!lilisliiilliiiiiilliiilmi Uti`vY o gl. A.4w-co NOTICE OF APPLICATION PLANNING/BUILDING/PUBLIC WORKS DATE: JUNE 17,1998 A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBERJNAME: LUA-98-097,SA-A DESCRIPTION: Applicant requests Slte Plan Approval(SA-A)for 12 lots within the O'Connor Plat.The parcels are zoned R-10 and are being developed with detached single family residences. GENERAL LOCATION: Lots 34 thru 45-O'Connor Plat;Main Avenue South&South 35th Street STUDIES REQUIRED/OR AVAILABLE: None PUBLIC APPROVALS: Administrative Site Plan Approval(SA-A) Building Permit Comments on the above application must be submitted in writing to Ms.Jennifer Toth Henning,Project Manager, Development Services Division,1055 South Grady Way,Renton,WA 98055.by 5:00 PM on July 01,1998. If you have questions about this proposal,or wish to be made a party of record and receive additional notification by mail,contact ' Ms.Henning at(425)430.7288.Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. IPLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION 1 DATE OF APPLICATION: June 11,1998 NOTICE OF COMPLETE APPLICATION: June 17,1998 DATE OF NOTICE OF APPLICATION: June 17,1998 l iaa i!t1V-1- pAr) . urdi 1iit 1 1 \`', - joi9, bec,vouto vitl , 0 i ,,,.. rai . , , , \4ii. ..,,,,\ ,. • OENMALOT DOC r , lc CERTIFICATION T, blAyr/'iI N 4 in , hereby certify that copies of the above document were posted by me in -� conspicuous places on or nearby the described property on fa,Avf /7, (1 f' Signed: *(1 ATTEST: Subcribed and sworn before me, a Nortary Public,in and for the State of Washington residing min 7)) v , on the (o day of ),p / e —--7-2-) a,,,../. ,..__. ,,; ,. ,,r......„.,.,_ 6.1,64-d MARILYN KAMCHEFF COMMISSION EXPIRES 6/29/99 TY ''NTv� NOTICE OF APPLICATION PLANNING/BUILDING/PUBLIC WORKS DATE: JUNE 17, 1998 A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-98-097,SA-A DESCRIPTION: Applicant requests Site Plan Approval (SA-A) for 12 lots within the O'Connor Plat. The parcels are zoned R-10 and are being developed with detached single family residences. GENERAL LOCATION: Lots 34 thru 45-O'Connor Plat;Main Avenue South&South 35th Street STUDIES REQUIRED/OR AVAILABLE: None PUBLIC APPROVALS: Administrative Site Plan Approval(SA-A) Building Permit Comments on the above application must be submitted in writing to Ms. Jennifer Toth Henning, Project Manager, Development Services Division, 1055 South Grady Way, Renton,WA 98055,by 5:00 PM on July 01, 1998. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Ms.Henning at(425)430-7286. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: June 11, 1998 NOTICE OF COMPLETE APPLICATION: June 17, 1998 DATE OF NOTICE OF APPLICATION: June 17, 1998 • S SI FL. ii,,,,..4i,'T'-_‘: !T;ii `i-V`i, cat Jr,:„_-__ ,,-_, is-..0 Ey... tf, .n 'jf ,,,,, , - i i--- i \ # A / :-i II�lf/ p ..,. ..,....... , ,.,.4':..„,, . , , . .. .,. ... of . ...,,,„ , .:,, :„...„..„,LEI i • \ geulli' 1101.11.1,,ISEplIC -I .., - ,..1._:\ ril 4111 1 i.\:_i ?I. s 10 11121. egi :� ; 4741 ikkww.mrs .*°, +� 11M3.4 • 9 ¢ _ '\- I 'gig. • . liF ,,c.;!-,;ill;„? : :!:::.iill.:',L",,..t-i ;:, . S . .. / a, GENMALOT.DOC ( / i . I ! I !i CITY OF RENTON "LL~� Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 17, 1998 Mr.Jim Jaeger Jaeger Engineering 9419 South 204th Place Kent, WA 98031 SUBJECT: O'Connor Plat, Lots 34-45 Project No. LUA-98-097,SA-A Dear Mr. Jaeger: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at(425)430-7286, if you have any questions. Sincerely, foti; enni h enning Project Manager cc: Hultquist Homes, Inc./Owners ACCPTLTR.DOC 200 Mill Avenue South - Renton, Washington 98055 CI LY OF RENT ON DEVELOPMENT SERVICES DIVISION, MASTER APPLICATION OWNER(S) PROJECT INFORMATION (cont.) Note: If there is more than one legal owner, please attach an additional notarized Master Application for each owner. EXISTING LAND USE(S): NAME: Jtnle_ f0.N`�\LI`/ Imes(CJt1 Q, �-{ cJ uL.TQ 1-1 © - L� U tsr rns, . u 1 PROPOSED LAND USES: ADDRESS: P,o Box ii% CITY: No 8V Rl- t\ p ZIP• pm0'7'� ['7(Ito EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Yesctel(410 -1 TELEPHONE NUMBER: S — 7Q PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION: CONTACT PERSON/APPLICANT 51NA.31e- - SLY Ir..e r€AA+1QJ NAME: 7-Acmes 3--prE_ ,..R I EXISTING ZONING: ftE.GER G(tQF. R)w,. - O D>=vELOPf," Air ADDRESS: � CITY OF Q 1 A- 1 9 S • 20� 1 (`�. PROPOSED ZONING: JUN 1 hi913 CITY: �1i V`I . ZIP: ��o5 RECEIVED SITE AREA (SQ. FT. OR ACREAGE): TELEPHONE NUMBER: 253� �` /„/_ ' 34I 3 s 1 .5 Z .� • 7 T» Oct .Y^ CJ(lit (mil2.. lots` / PROJECT!INFORMATION PROJECT VALUE: \J 4 (Quo r OOca PROJECT OR DEVELOPMENT NAME: Lois ? PE-►`tr OF IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? PROPERTY/PROJECT ADDRESS(S)/LOCATION: Srit PIM ( V' M tN E ' IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 2Q23o Qt24 I�i LEGAL DESCRION OF PROPERTY (Attach separelsheet if necessary) L©Ts 434- ` HRouGl-( # 4S , PLAIT- cD,F V,I(ISS> IT PoR iOfJ oF NW 14- oF Sal Y4 &F SE c tl t Z9 , TowNsM (P 23 N.,, RofoN\GE S E . ( W• M. TYPE OF APPLICATION.& FEES. Check all.application'types that apply- City<staff;will determine fees. . ANNEXATION S SUBDIVISION: _ COMP. PLAN AMENDMENT S _REZONE S — LOT LINE ADJUSTMENT S _ SPECIAL PERMIT S — SHORT PLAT S _TEMPORARY PERMIT S _TENTATIVE PLAT S CONDITIONAL USE PERMIT S _ PRELIMINARY PLAT S X SITE PLAN APPROVAL S FINAL PLAT S _ GRADE & FILL PERMIT S • (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: S _ VARIANCE S (FROM SECTION: ) _ PRELIMINARY _WAIVER S _ FINAL _WETLAND PERMIT S _ ROUTINE VEGETATION MOBILE HOME PARKS: S MANAGEMENT PERMIT S _ BINDING SITE PLAN S SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE S VARIANCE S EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW S REVISION S AFFIDAVIT OF OWNERSHIP I, (Print Name)ALtJE1.1. I F NC. declare that I am(please check one) the owner of the property involved in this application,_the authorized representative to act foi he operty owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the information he -submitted are in all respects true and correct to the best of my knowledge and belief. ATTEST: Subscrib d and qworn to before me, a Notary Public. in and for a State of Q( 1`residing at ( n p s tative l/m V , on the 1 dsy of 191.6. AtU_EN L, _ FAA N GH ER / ) (Signature of Owner/Representative) • (Si ure of Note!ublic) (This-.section to be<completed by City Staff ) Citt File Number:. , 'rn7 ;: ECF SA R SHPL CU : LLA PP ,:FP TP SP RUMP V AAD W FPUD SM SME. MHP BSP A CPA TOTAL FEES 5 � COO TOTAL POSTAGE PROVIDED: $ REVISED 2/95 WINSPER II - LOTS #34 - #45 SITE PLAN REVIEW PROJECT NARRATIVE This site plan review process is a requirement of the R-10 zone that overlays the south quarter of this subdivision. The remaining majority of this 46 lot subdivision is within the R-8 zone. The R-10 portion includes 12 lots, Lots # 34 - # 45. The subdivision was processed by the City under the name of the O'Connor Plat. It was changed to Winsper II just prior to final plat approval and recording. A set of covenants, conditions and restrictions (CCR'S) have been recorded with the plat and are submitted with this application. The project is located on the south side of 35th Ave S. , between Cedar Ave. S. and S. Main St. There is also a few lots west of S. Main St. just north of 35th Ave. S. The site plan review portion consists of 12 lots with a total area of 66,343 sq. ft. The average lot size is 5,529 sq. ft. Prior to the subdivision, the land was undeveloped and vacant. The subdivision improvements have provided existing roads and utilities to each of the lots. The lots will be used for single family detached housing. The houses will be similar to the houses that will be constructed in the remaining R-8 portion of the plat. The site is fairly steep, with an original consistent grade of approx. 14%. The lot building pad areas have been graded during the road construction so that the lots are now terraced, approx. 6' to 8' vertic VELapME�r pr n r separation between most of the lots. The western most lots (#34 - #37) CITY pF RCN; have a substantial amount of fill. The fill depth is approx. 10 ft. It is ,lll�► �� anticipated that these lots will be constructed on a pile foundation or 1 1,..:8 other geotechnical designed foundation. RECr-..,"'� . The only adjacent dwelling prior to the subdivision was a house on the east property line. The adjacent parcels to the south and west are undeveloped. The house to the east has cooperated with this project in several different ways and there have been mutual benefits. WINSPER II - LOTS #34 - #45 SITE PLAN REVIEW CONSTRUCTION MITIGATION DESCRIPTION The construction of the improvements covered by this site plan review is limited to the house construction on the existing lots. The roads, utilities and the majority of the grading has been completed as part of the O'Connor Plat (now known as Winsper II). There may be some minor lot grading to adjust the existing building pads to a specific house design. The construction of the houses has been started and will occur throughout 1998 and probably into the first half of 1998. There is no plan for phasing of the house construction. The hours of operation have been established by the City and specified in the building permits. These hours are 7:00 AM to 6:00 PM, Monday through Friday. Permission to work on Saturday must be granted by the City. The existing roads will be used as the proposed haul and transportation routes. Most of the construction traffic will enter and exit through the east access to the plat via SR 515. There are several mitigation measures that will be employed to mitigate the construction impacts. The construction equipment will be using exhaust mufflers and filters that are typical for construction equipment. The open areas will be watered down to minimize the dust generated from the equipment moving over the site. Truck bodies and their tires can be washed off prior to entering the roads to minimize the mud deposits. A periodic street sweeping will be performed if necessary. Construction waste disposal dumpsters will be placed onsite to minimize the random trash within the area. • DECLAki i JON OF PROTECTIVE COVENAN RESTRICTIONS,LIMITATIONS,CONDITIONS AND AGREEMENTS WITH RESPECT TO THE PLAT OF WINSPER II IT IS HEREBY MADE KNOWN that HULTQUIST HOMES, INC., a Washington Corporation (hereinafter referred to as the "Builder") does by these presents and as of the date set forth below make, establish, confirm and impress upon the following-described property which comprises the Plat of WINSPER II recorded under Recording No. , records of King County, Washington (which property is hereinafter referred to as WINSPER II), the following restrictive covenants to run with the land and do hereby bind the Builder and all its grantees, assignees and successors to said covenants for the term hereinafter stated. The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration is located in King County, Washington,and is legally described as: LOT 1 THAT PORTION OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: THE EASTERLY 660 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING WESTERLY OF SR515; EXCEPT THE SOUTH 130 FEET OF THE EAST 160 FEET THEREOF;ALSO EXCEPT THE NORTH 135 FEET OF THE EAST 660 FEET THEREOF; (ALSO KNOWN AS LOT 1 KING COUNTY SHORT PLAT No. 275022R, RECORDED UNDER RECORDING No. 800321 0741). SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. LOT 2 THE EAST 317 FEET OF THE SOUTH 123 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST 660 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST 317 FEET OF THE NORTH 32 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE EAST 660 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY MARGIN OF S.R. 515 RI GI1 T OF WAY; S—TUATE IN THE CITY OF RENTON,COUNTY OF KING,AND STATE OF WASHINGTON. LOT 3 THE EAST 660 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M., IN THE COUNTY OF KING; EXCEPT THE SOUTH 195 FEET THEREOF; ALSO EXCEPT THE EAST 317 FEET OF THE SOUTH 123 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST 660 FEET OF SAID NORTHWEST QUARTER; ALSO EXCEPT THE EAST317 FEET OF THE NORTH 32 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE EAST 660 FEET OF SAID NORTHWEST QUARTER; ALSO EXCEPT ANY PORTION LYING EASTERLY OF THE WESTERLY MARGIN OF S.R. 515 RIGHT OF WAY; SITUATE IN THE CITY OF RENTON,COUNTY OF KING,AND STATE OF W4SFIINGTyON. 12/31/97g LO��OF Page Q GCV1 A Formated as Word for Windows 95 Version 7.0a document ��1 �'• LOT 4 LOT 4, KING COUNTY SHORT PLAT No. 577051, RECORDED UNDER KING COUNTY RECORDING No. 7902080736, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 1. GENERAL PROVISIONS A. These restrictive covenants shall run with the land and shall be binding upon the Builder, its grantees, assignees and successors, and all persons owning Lots in WINSPER II or claiming under them until January 1, 2010,at which time said restrictive covenants shall be automatically extended for successive periods of 10 years unless the owners of a majority of the Lots, by an instrument or instruments in writing, duly signed and acknowledged by them, terminate or amend said restrictive covenants insofar as they pertain to residential lots. Said termination or amendments shall become effective upon the filing of such instrument or instruments of record in the Office of the Recorder of King County, Washington. Such instrument or instruments shall contain proper references to the records of said office by volume and page number of both the recording of the WINSPER II plat and the recording of this instrument in which these restrictive covenants are set forth,and to the recording of all amendments hereof. B. If the Builder,the Owners of Lots in WINSPER II or any of them or their heirs or assigns,shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated in WINSPER II to bring suit against the person or persons violating or attempting to violate any such covenant either to prevent said person or persons from so doing or to recover damages or other payments for such violation,or obtain any other relief or remedy available at law. 2. DEFINITIONS A. "The Association"shall mean WINSPER II HOMEOWNERS'ASSOCIATION,a Washington nonprofit corporation to be established pursuant to the provisions of Paragraph 17 hereof, its successors and assigns. B. "Builder" shall mean HULTQUIST HOMES, INC., a Washington Corporation and any assigns of its interests in WINSPER II. C. "Properties" shall mean that certain real property comprising WINSPER II and legally described in the preamble hereof and additions thereto as are subject to this Declaration or any supplemental declaration. D. "Common Properties" shall mean all real property owned by the Association for the common use and enjoyment of members of the Association and shall not include any streets or other areas dedicated to public uses. The Common Properties for WINSPER II are particularly described as follows: Tot lot area of detention vault; Lot 24 Basketball area (Note: Lot 24 will be retained by O'Connor & Assoc.,LLC until such time as it becomes available for building and the temporary turn-around is no longer needed. Until such time, a basketball hoop will be installed to be maintained by the WINSPER II HOMEOWNERS' ASSOCIATION.); south side of South 35th Street from Cedar Street to Lot 45 West property line;Entry Monument area(if any). E. "Lot" shall mean any plot of land shown upon any recorded plat or subdivision map of the Properties with the exception of the Common Properties and streets or other areas dedicated to public use. 12/31/97 Page 2 Formated as Word for Windows 95 Version 7.0a document F. "Member" shall mean every person or entity who hold membership in the Association as provided in Paragraph 17 hereof. G. "Owner" shall mean the record owner,whether one or more persons or entities and specifically including the Builder, of a fee simple title to any Lot or Lots which are part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of any obligation. I I. "The development period" shall mean that period of time from the date of recording of the Declaration until January 1, 2001. 3. BUILDING RESTRICTIONS A. All lots shall be known and described as "residential lots". A "building site" shall consist of one residential lot. B. No building or structure shall be erected, constructed, or maintained or permitted upon such residential lots, except on a building site as herein above defined. No building or structure shall be erected, constructed, maintained or permitted upon a building site except a single detached dwelling house to be occupied by no more than one family and attendants or domestic servants of that family. C. The total finished area of the main structure or building of the single detached dwelling house, exclusive of one story open porches, decks, patios and garages, shall not be less than 1,000 square feet for a one story dwelling or less than 1,500 square feet for a dwelling of more than one story. D. No utility lines, pipes or wires for the transmission of power, plumbing, television, telephone, or any other utility shall be constructed, placed or permitted to be placed upon any residential Lot outside the buildings thereon unless the same shall be underground or in conduit attached to a building. No television or radio aerial or antenna shall be erected or placed on any residential lot which is more than 6 feet in height above the highest point(exclusive of chimneys )on the building or structure upon which it is erected. No satellite dish antenna whatsoever shall be constructed on any residential lot unless such dish antenna has a diameter of 4 feet or less and is installed in the back yard of a residential lot and screened from view on adjacent lots. E. All sidewalks, driveways and parking areas constructed on the Lots shall be constructed of exposed aggregate concrete except where local building authority requires differently. F. All fences must be constructed of wood or other natural materials in a uniform fence style determined by the Builder. Any fences, hedges or other boundary walls must be approved by the Building Committee prior to their construction. G. The exterior color scheme of all structures placed on Lots must be approved by the Building Committee prior to their construction. II. All roof coverings are to be constructed of cedar shake or tile, or 25 year architectural composite. 12/31/97 Page 3 Formated as Word for Windows 95 Version 7.0a document I. Each building lot shall have a minimum of 2 ornamental trees at least 6' tall planted at time of home construction. At least one of these trees to be planted in the street front of each lot. 4. LOCATION OF STRUCTURES A. No structure shall be located on any residential lot nearer to any lot line than the minimum building setback lines shown on the recorded plat or as otherwise required by applicable law. In any event, no structure shall be located on any lot nearer than 15 feet to the front lot line, or nearer than 5 feet to any side or 20' to rear lot line. B. For the purposes of this covenant, eaves, steps, decks, patios, and open porches shall not be considered as a part of a structure; provided, however, that this shall not be construed to permit any portion of a structure on a Lot to encroach upon another Lot. 5. APPROVAL OF PLANS BY BUILDING COMMITTEE A. All buildings or other improvements, including garages, sheds, decks, open porches, patios, fences and swimming pools, shall be approved by the Building Committee, established pursuant to Paragraph 6 herein. Complete plans and specifications of all proposed building, structures, and exterior alterations, including exterior color, together with detailed plans showing the proposed location of the same on the particular building site, shall be submitted to the Building Committee before construction or alteration is started, and such construction or alteration shall not be started until written approval thereof is given by the Building Committee. B. All plans and specifications for approval by the Building Committee must be submitted, in duplicate, at least 30 days prior to the proposed construction starting date. C. In addition, each submitted plan must have a plot plan attached showing the following information (1) Lot Dimensions; (2) House placement on Lot; (3) Elevation of basement and main floors with relation to point on curb; (4) Elevation of highest ridge line; and (5) Exterior color scheme. (6) Landscape Plan As to all construction or alterations in WINSPER II, the Building Committee shall have the right to deny approval when such construction or alterations are not suitable or desirable, in the Building Committee's opinion, for any reason, aesthetic or otherwise. In so passing upon any such application, the Building Committee shall have the right to take into consideration the suitability to the building site of the proposed building or other structure; the material of which it is to be built; the exterior color scheme; the harmony thereof with the surrounding; how the building or other structure or alterations as planned will look from the adjacent or neighboring Lots; the affect or impairment that said structure or building will have on the view of the surrounding Lots; and any and all other factors which, in the Building Committee's opinion, shall affect the desirability or suitability of such proposed construction or alterations. 12/31/97 Page 4 Formated as Word for Windows 95 Version 7.0a document • D. The Building Committee shall have the discretion, as to any Lot, to waive strict compliance with the restrictions set forth in Paragraphs 3 and 4 herein if the BuildingCommittee determines that the spirit and intention of the Paragraph 3 and 4 restrictions are satisfied and if waiver of strict compliance therewith is not detrimental to any other Lot Owner. 6. BUILDING COMMITTEE The Building Committee shall initially be composed of two persons selected by Builder and/or any additional person or persons appointed from time to time by Builder, its successors or assigns. In the event of the death, disability, or resignation, or inactivity in committee work of any initial committee member, the Association shall be authorized to appoint successor members of the Building Committee. After January 1, 1999, the Building Committee shall be composed of not less than 3 and not more than 5 individuals. Building Committee to be selected by the Association or by the Owners of the majority of Lots in WINSPER II. All lots shall be completed as to appearance, including finished exterior painting, front lawns or comparable landscaping, within 6 months after the date of commencement of construction; provided, however, that the seeding and regular mowing of side yards and back yards shall be completed within 8 months after the date of commencement of construction. 7. EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of WINSPER II. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. That portion of any Lot which contains such easement and all improvements thereof shall be maintained continuously by the Owner of the Lot except for those improvements for which a public authority or utility company is responsible. Any and all drainage collected or sufficiently concentrated to create erosion problems on any Lot in the opinion of the Building Committee shall be piped at the Lot Owner's expense to the nearest underground public storm sewer line or street gutter. Plans and specifications for such underground piping must be approved by the Building Committee at the time the building plans are approved for construction, as provided in Paragraph 5 herein. 8. NOXIOUS USE OF PROPERTY A. No noxious, illegal or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be, or become, an annoyance or nuisance to the Owners of any Lots in WINSPER II. No Lot Owners shall, at any time, conduct, or permit to be conducted on any residential lot, any trade or business which is illegal, offensive or a public nuisance. No firearms, whether for hunting or target practice, shall be discharged in WINSPER II. B. No trash, garbage, ashes or other refuse,junk vehicles, underbrush, or other unsightly growths or objects, shall be thrown, dumped or allowed to accumulate on any Lot. In the event any such condition shall exist upon any Lot, any person or persons owning any real property situated in WINSPER II may use any legal powers, including those set forth in Paragraph I herein, to alleviate such conditions. C. No recreational vehicle, trailer, basement, tent shack, garage, barn or other outbuilding or temporary structure or vehicle of any kind erected or situated in WINSPER II shall, at any time, be used as a residence. Owners of WINSPER II lots shall not park any vehicles on the streets. No trailer or recreational vehicles shall be visible from the streets. Vehicles owned by visitors and guests of 12/31/97 Page 5 Fonnated as Word for Windows 95 Version 7.0a document WINSPER II Lot Owners shall not be parked on the streets for more than a 24-hour period. No vehicle shall be dismantled or repaired outside of any building or approved fence or permitted accessory building on anylot, or on anystreet adjacent� t to a lot. 9. ANIMALS No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept; provided, that they are not kept, bred or maintained for commercial purposes, and further provided that they do not become a public nuisance. 10. MAIL BOXES No private mail boxes will be installed. U.S.P.S provided community boxes will be installed throughout the plat. 1 1. GARBAGE CANS AND REFUSE DISPOSAL Trash, garbage and other waste shall not be kept except in sanitary containers. All incinerators or other similar equipment shall be kept in a clean and sanitary condition. All containers for trash, garbage or other waste must be screened so as not to be visible from any street or adjacent lots or residences. 12. SIGNS No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than 3 square feet and except for signs designating the entrance to WINSPER II and those temporary signs used by the Builder, builders and sales agents during the construction or sale of any residence on any Lot. 13. CLOTHES LINES No exterior clothes lines may be constructed or used that can be seen from any street, Lot or residence in WINSPER II. 14. ELECTRIC UTILITY INSTALLATION All permanent electric utility systems shall be installed exclusively underground. 15. ANNEXATION OF ADDITIONAL PROPERTIES A.Annexation of additional properties into WINSPER II shall require the assent of 51 percent of the members of the Association at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. B.Notwithstanding the provisions of Paragraph 15.A above, if, within, 15 years of the date of recording of this Declaration, Builder should develop additional lands adjacent to WINSPER II, such lands may be annexed to WINSPER II by Builder without the consent of the members of the Association. 16. INCORPORATION OF THE ASSOCIATION 12/31/97 Page 6 Formated as Word for Windows 95 Version 7.0a document The Association shall be incorporated at such time as Builder shall, in its sole discretion, determine; provided that the Association shall, in any event, be incorporated no later than the date on which 2/3 of the houses to be constructed on the Lots are occupied. The Association shall be incorporated as a nonprofit corporation under the laws of the State of Washington by Builder, its agent or by the Owners. 17. MEMBERSHIP IN THE ASSOCIATION Every Owner shall be a member of the Association; provided however, that if any Lot is held jointly by 2 or more persons, the several Owners of such interest shall designate one of their number as the "member". Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Builder or the Association. 18. VOTING RIGHTS A. Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Builder. Class A members shall be entitled to one vote for each Lot owned; (b)The Class B members shall be the Builder, which shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or(b) the date when the development period ends. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against that combined number. B. Number of Votes. Except as provided above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one (1) vote. 19. PROPERTY RIGHTS IN THE COMMON PROPERTIES A. Members' Easement of Enjoyment. Every member of the Association shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (1) The right of the Association to limit the number of guests of Members; (2) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Properties; (3) The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the Common Properties and facilities and in aid thereof to mortgage said Common Properties, but the rights of such mortgagee in said Common Properties shall be subordinate to the rights of the Members hereunder. (4) The right of the Association to take such steps as are reasonably necessary to protect any such mortgaged property against foreclosure, including, but not limited to, the right to charge admission and other fees as to condition to continued enjoyment by the Members and, if necessary, to open the enjoyment of such Common Properties to the public; 12/31/97 Page 7 Formated as Word for Windows 95 Version 7.0a document (5) The right of the Association to suspend the voting rights and right to use the Common Properties and the recreational facilities by any Member for any period during which any assessment against his Lot remains unpaid and for a period not to exceed 30 days for any infraction of the Association's published rules and regulations. During the development period, the Association shall be required to exercise its right to suspend the voting rights of and the right to the use of the Common Properties and the recreational facilities by a Member for nonpayment of an assessment, upon the request of the Builder. (6) The right of the Association to dedicate or transfer all or any part of the Common Properties to any governmental unit or public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by 2/3 of the members entitled to vote has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance. (7) During the development period, the exercise of all of the rights and powers set forth in Paragraphs 19.A(I)through (6) shall require the prior approval of the Builder. B. Delegation of Use. Any member may delegate, in accordance with the Bylaws of the Association, his rights of enjoyment of the Common Properties and facilities to the members of his family, his tenants or contract purchasers who reside on the Lot, and, subject to regulation by the Association to his temporary guests. C. Title to the Common Properties. Builder hereby covenants that it will convey fee simple title to the common Properties to the Association, free and clear of all encumbrances and liens upon recordation of this Declaration and incorporation of the Association. 20 COVENANT FOR MAINTENANCE ASSESSMENT A. Creation of the Lien and Personal Obligation of Assessments. The Builder, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot or Lots by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Builder until the Association is incorporated, and thereafter to the Association, as provided herein: (1) Annual assessments or charges; and (2) Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as provided herein. The annual and special assessments, together with such interest thereon and costs of collection thereof(including reasonable attorneys' fees)as provided herein, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. The Builder shall not pay such annual and special assessments and such assessments shall not be a lien upon any Lot owned by Builder. Each such assessment, together with such interest and costs of collection thereof(including reasonable attorneys' fees) shall also be the personal obligation of the Owner of such Lot at the time when the assessment first becomes due and payable. The personal obligation shall not pass to said Owners' successors in title unless expressly assumed by them; provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for installments which become due on and after the date of the sale 12/31/97 Page 8 Formated as Word for Windows 95 Version 7.0a document B. Purchase of Assessments. The assessments levied by the Builder or the Association as provided herein shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Properties including, without limitation, the construction, establishment, improvement, repair, maintenance and preparation of and compliance with a Wetland Enhancement Plan for the Common Properties and services and facilities related to the use and enjoyment of the Common Properties, and the payment of taxes and insurance on the common Properties. C. Amount of the Annual Assessments The amount of the annual assessments shall be as follows: (1) During such time as title to the Common Properties is held by the Builder, and subject to the provisions of this Paragraph 20, each Owner shall pay to the Builder as an annual assessment the amount of $150.00 per year per Lot (subject to increase pursuant to the provisions of this Paragraph 20.0 and Paragraph 20.D) which shall be used for the purposes provided in Paragraph 20.B and for no others. The extent of the expenditures for the purposes specified shall be determined by the Builder. When the Association has been incorporated, the annual assessment amount may be increased during the development period by a vote of 51 percent of the members of the Association voting in person or by proxy, at a meeting duly called for such purpose, written notice of which shall be sent to all members not less than 14 days nor more than 60 days in advance of the meeting. (2) Upon conveyance of the Common Properties by the Builder to the Association, each Owner shall pay to the Association an annual assessment of$150.00 per year per Lot (or in the event that amount has been increased as provided by Paragraph 20 herein, the amount as so increased) subject to the provisions of this Paragraph 20; provided, that said annual assessment shall be increased as provided in Paragraph 20.D and may be increased by the Association with the consent of 51 percent of the members voting in person or by proxy, at a meeting duly called for such purposes, written notice of which shall be sent to all members not less than 14 days nor more than 60 days in advance of the meeting. After consideration of current maintenance costs and future needs of the Association, the Board of Directors of the Association may fix the annual assessment at an amount less than the amount herein set forth. D. Inflationary Increase. The dollar amount specified in Section 20.0 shall be increased proportionately each year by the increase in the CPI (as hereinafler defined)to adjust for any deflation in the value of the dollar. "CPI" means the Consumer Price Index for All Urban Consumers, All Items(Seattle-Tacoma area) ( 1982-84 = 100) published by the United States Department of Labor, Bureau of Labor Statistics (the "Bureau"). Such dollar amount shall be increased commencing on the first day of January, 1998, and on each successive first day of January to an amount derived by adding to the dollar amount in effect for the immediately preceding year an amount calculated by: (a) multiplying the dollar amount in effect for the immediately preceding year by (b)the percentage increase, if any, in the CPI published for the date nearest preceding the first day of the immediately preceding year over the CPI published for the date nearest preceding the date of adjustment. If the Bureau discontinues publishing the CPI,the adjustment shall be based upon the substitute index of comparable statistics on the cost of living for the King County area, as shall be computed by an agency of the United States or by a responsible financial periodical of recognized authority selected by the Board. 12/31/97 Page 9 Formated as Word for Windows 95 Version 7.0a document E. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy special assessments for capital improvements on the Common Properties. Any such levy by the Association shall be as provided in the Articles of Incorporation and/or the Bylaws of the Association and, during the development period, shall require approval of the Builder. • F. Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all lots. G Ouorum for Authorized Action. At the first meeting called, as provided in Paragraph 20.0 herein,the presence at the meeting of members of the Association or of Proxies entitled to vote thirty-four percent(34%)of all the votes shall constitute a quorum. If the required quorum is not present at any meeting, another meeting may be called, subject to the notice requirements set forth in Paragraph 20.0 herein, and the required quorum at any such subsequent meeting shall be 1/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. H. Date of Commencement of Annual Assessments- Due Dates. As to all Lots subject to his Declaration, the liability for the annual assessments provided for in Paragraph 20.0 herein shall begin on the first day of the calendar month following the conveyance of the first Lot to an Owner. Effect of Nonpayment of Assessment- Remedies If any assessment is not paid within 30 days after it becomes first due and payable,the assessment shall bear interest from the date on which it was due at the rate of twelve percent(12%)per annum or the maximum rate allowed by law, whichever is less, and the Builder or the Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot. Interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such assessment and all such sums shall be included in any judgment or decree entered in such suit. No Owner shall be relieved of liability for the assessments provided for herein by non-use of the Common Properties or abandonment of his Lot. J. Subordination of the Lien of Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage (and to the lien of any second mortgage given to secure payment of the purchase price) now or hereafter placed on any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to such first mortgage, or purchase money second mortgage, pursuant to a decree of foreclosure under such mortgage or in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer.No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Exempt Property. The following property subject to this Declaration shall be exempt from the assessment created herein (1) All Properties dedicated to and accepted by a public authority; (2) All Common Properties, and 1 2/3 1/97 Page 10 Formated as Word for Windows 95 Version 7.Oa document (3) All Properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Washington. However no land or improvements devoted to dwelling use shall be exempt from said assessments. 21. EXTERIOR MAINTENANCE The Builder, until the Association is incorporated, and thereafter the Association, shall maintain all Common Properties and facilities and shall provide and maintain the landscaping of all open spaces and buffer zones within WINSPER II. Each individual Owner shall be obligated to provide exterior maintenance of his own Lot and all structures thereon. Each individual Owner, including an Owner who has purchased a Lot or Lots for the purpose of development and sale, shall, at all times, maintain his Lot or Lots, whether improved or unimproved, including the mowing of grass and removal of any debris thereon. 22. LITIGATION In the event of litigation arising out of enforcement of these restrictive covenants for WINSPER II, any person or persons determined to have violated any provisions hereof shall be liable for the payment of all costs and expenses, including reasonable attorneys' fees of the prevailing party. 23. PARTIAL INVALIDITY If any term, covenant or condition of this Declaration or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Declaration, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Declaration shall be valid and be enforced to the fullest extent determined by law. IN WITNESS WHEREOF, the undersigned has affixed its signature. DATED: BUILDER: IIULTQUIST HOMES, INC. a Washington corporation By: David D. Hultquist Its President STATE OF WASHINGTON ) ) ss 12/31/97 Page 11 Formated as Word for Windows 95 Version 7.0a document COUNTY OF KING ) I certify that I know or have satisfactory evidence that David D. Hultquist is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of HULTQUIST HOMES, INC. a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 1997. Printed Name NOTARY PUBLIC // My Appointment expires: 12/31/97 Page 12 Formated as Word for Windows 95 Version 7.Oa document **************************************************************** City of Renton WA Reprinted: 06/11/98 13 : 35 Receipt **************************************************************** Receipt Number: R9803607 Amount : 1, 000 . 00 06/11/98 13 : 29 Payment Method: CHECK Notation: #7887 O' CONNER & Init : LN Project # : LUA98-097 Type : LUA Land Use Actions Total Fees : 1, 004 . 80 This Payment 1, 000 . 00 Total ALL Pmts : 1, 004 . 80 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0017 Site Plan Approval 1, 000 . 00 .. U7 x- / , 163550 .. ® CITY OF REr 3N V�, Lu, U.S.BANK OF WASHINGTON: 19-10/21 AP RENTON BRANCH 1250 PAY $800 DOLLARS AND ZERO CENTS DATE 09/25/98 AMOUNT ********800.00 VOID AFTER 6 MONTHS To THE ORDER OF O'CONNO iGYM`R & ASSOCIATES �/� ( 1707 S 341ST rL #C � FEDERAL WAY, WA 98003 �' HI.1.63550111 1: L 25000 LOST: 0 2 L ? 05 Sato 7r1■ VENDOR NO •• VENDOR NAME ' CHECK DATE >(CHECK AMOUNT CHECK NO 500757 I O'CONNOR & ASSOCIATES 109/25/98 I 800.00 I 0163550 INVOICE I AMOUNT I I INVOICE AMOUNT .I Site Plan Re 800.00 • ll CITY OF RENTON • 200 MILL AVE S. • RENTON, WASHINGTON 98055 • PHONE(206) 235-2617 • FAX(206) 235-2513 OP3111S 2/93 **************************************************************** City of Renton WA Reprinted: 06/11/98 13 : 35 Receipt **************************************************************** Receipt Number: R9803609 Amount : 4 . 80 06/11/98 13 : 35 Payment Method: CASH Notation: james jaeger Init : LN Project # : LUA98- 097 Type : LUA Land Use Actions Total Fees : 1, 004 . 80 This Payment 4 . 80 Total ALL Pmts : 1, 004 . 80 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 05 . 519 . 90 .42 . 1 Postage 4 . 80