HomeMy WebLinkAboutD_Hearing Examiner_LUA-05-156Minutes
APPLICANT:
OWNER:
CONTACT:
LOCATION:
S~Y OF REQUEST:
SUMMARY OF ACTION:
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
Von Karl Inman
10800 NE 6th Street, Ste. 200
Bellevue, W A 98004
B inh and Thatha Vuong
4532 NE lOth Street
Renton, W A 98059
Tom Touma
Touma Engineers
6632 S 191 st PI., Ste. 102
Kent, W A 98032
Vuong Short Plat
LUA 05-156, SHPL-H
4532 ME 10 th Street
FebJ.uary 21,2006
Hearing Examiner Short Plat approval for a seven (7) lot
subdivision of a 1. 13-acre site. For the future development of
detached single-family homes.
Development Services Recommendation: Approve subject to
conditions
DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the
Examiner on February 9, 2006.
PUBLIC HEARING: After reviewing the Development Services Report, examining
available information on file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
Tltefollowing minutes are a summary oftlte February 14, 2006ltearing.
Tile legal record is recorded on CD.
The hearing opened on Tuesday, February 14,2006 at 8:59 a.m. in the Council Chambers on the seventh floor
of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No.1: Yellow file containing the original Exhibit No.2: Preliminary Short Plat
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Vuong Short Plat ()
File No.: LUA-05-156, SHPL-H
February 21,2006
Pagei
Exhibit No.3: Topo, Utilities and Tree Plan
Exhibit No.5: Zoning Map
o
Exhibit No.4: Landscape Plan
The hearing opened with a presentation of the staff report by Valerie Kinast, Senior Planner, Development
Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055.
The site is located north ofNE 10 th and west of Duvall in an area that was recently annexed into the City. The
site is zoned R-8, the Comprehensive Plan designation is Residential Single Family. The subject site consists of
one parcel that is 1.13 acres. The plan is to subdivide into seven (7) lots for eventual construction of single-
family detached homes. There is an existing house that will remain on the site, the shed and detached garage
will be demolished.
Access to the lots would be via NE 10 lh Street and a new public half street along the east property line, and a
private access easement.
The net density for the site is 7.91 dwelling units per acre, which complies with density requirements for the R-8
zoning designation.
The proposed lots meet all size requirements for the R-8 zone. Because the access easements between Lots 4
and 5 need to be extended onto the lots in order to provide adequate access, Lot 4 needs to be adjusted to meet
the required lot size.
The setbacks on several of the lots do not appear to be correct and should be noted that sideyard setback from an
access easement is 15 feet for primary structure and 20 feet for the garage. This affects Lots 3 and 6 as well as
Lots 4 and 5. Staff asked that the preliminary plan be redone with the correct setbacks and resubmitted for
reVlew.
The new public half street is required to be 35-feet wide with 28-feet of paving and 5-foot sidewalks on one
side. No parking will be allowed on the other side. Sidewalks, curbs, gutters and streetlights will be required
along the frontage ofNE lOth Street.
Access to Lot 1 would be via NE 10lh Street, Lot 2 is a corner lot and could be accessed from NE 10lh Street or
from the new half street. Lots 3, 6 and 7 would access directly from the new half street and Lots 4 and 5 would
gain access via an access easement from the new half street. The access easement is proposed to have a width of
26-feet and then drop to 20-feet as the easement gets closer to the lots that it would serve.
It was recommended that a maintenance agreement be established to create maintenance responsibilities for the
shared private access and utilities easement.
The site slopes slightly downward from east to the west. The lot is vegetated with grasses, some shrubs and
blackberry bushes. This will likely be removed to construct the half street and other improvements as well as
the homes. There are six existing trees on the site, two trees, a maple and a fruit tree would be removed, the
remaining are proposed to be retained.
Vusmg Short Plat
File No.: LUA-05-156, SHPL-H
February 21, 2006
Page 3
The landscape plan that was submitted shows 13 new trees, however they are not located in the front of the lots,
as code requires. The required 5-foot landscape strip along all public street frontages is also not addressed with
the plan. A revised landscape plan needs to be resubmitted for approval.
The short plat application was routed to police, fIre and parks departments, all departments indicated that there
are sufficient resources to serve the new lots. Fire, TraffIc and Park Mitigation Fees are to be imposed as a
condition of short plat approval.
Tom Touma, Touma Engineers, 6632 S 191 51 Place, Ste. EI02, Kent 98032 stated that he had no problems with
the recommendations made by staff. He did question as to how far the access easement between Lots 3, 4, 5 and
6 had to extend into the lots, just to the point of the driveway or all the way across the two lots. The Examiner
stated that it would have to extend at least to the driveways. The lot line between Lots 3 and 4 will still have to
be adjusted to meet City Code.
The Examiner expressed his need to have the plat redesigned before it is approved. He needs to see the
easements, the setback lines drawn correctly, the trees and landscape plan are incorrect, there are a number of
points where the plat has failed and the corrections need to be made.
Robert Key, 1008 Anacortes Ave NE, Renton, WA stated that he had written a letter with some concerns; that
the plat be required to put in adequate sidewalks and storm drainage that is hooked up properly to the City's
system. The retention pond, which belongs to the City of Renton, was built a couple years ago, the City did not
put in sidewalks at that time, it seems that it is time to put in sidewalks in order to connect the old and new
neighborhoods and provide safe walking for the high school students.
Kayren Kittrick, Development Services stated that the sign at the end of the new road must state that this road
will at some point be developed through. NE lOth must have signs stating that there is no, outlet.
The 20' easement onto Lots 4 and 5 is typical, they just need to get them onto their lots and the driveways can
be accommodated accordingly.
The2005 Stormwater should be used, they are mostly concerned that all the homes are connected to the new
system and using the pond seems to be within the design parameters. The existing home must be connected as
well.
Sidewalks are required along NE 10 th Street, part of it is the City's responsibility. She will make sure that this
project is moved forward to have it all done at the same time.
The turnaround is adequate for what is needed at this site.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 9:29 a.m.
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
FINDINGS:
1. The applicant, Von Karl Inman, fIled a request for a Short Plat.
Vuong Short Plat
File No.: LUA-05-l56, SHPL-H
February 21,2006
Page 4
o
2. The yellow file containing the staff report, the State Environmental Policy Act (SEP A) documentation
and other pertinent materials was entered into the record as Exhibit #1.
3. The Environmental Review Committee (ERC), the City's responsible official determined that the
proposal is exempt from environmental review.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located at 4532 NE 10th Street. The subject site is located on the north side ofNE
10th. Anacortes Avenue NE is located west of the site while Duvall Avenue NE is located east of the
site.
6. The map element of the Comprehensive Plan designates the area in which the subject site is located as
,suitable for the development of single-family uses, but does not mandate such development without
consideration of other policies of the Plan.
7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre).
8. The subject site was annexed to the City with the adoption of Ordinance 5012 enacted in June 2003.
9. The subject site is approximately 49,105 square feet or 1.13 acres, The parcel is rectangular and is
approximately 164.43 feet wide (east to west) by 299.02 feet long.
10. The subject site slopes downward to the west with slopes ranging from approximately 6 to 8 percent.
11. An existing home on the site will be retained while other outbuildings will be removed if the plat is
approved.
12. There are no sensitive areas on the subject site.
13. The applicant proposes removing two of the larger trees while retaining four trees. The lot also contains
grasses, blackberry bushes and shrubs. Along with the two trees, this other vegetation will be removed
to allow development of the parcel.
14. The applicant proposes dividing the parcel into seven lots. The existing home would be retained on
Proposed Lot 2 in the southeast comer of the plat. The lots would be arranged in two tiers. Proposed
Lots 1, 4 and 5 would be located along the western property line with Lots 4 and 5 designed as interior
lots. Proposed Lots 2, 3, 6 and 7 would be located along the eastern portion of the plat abutting a new
north-south public roadway.
15. Proposed Lot 1 would have direct access to NE 10th Street. A new north-south roadway would be
extended north from NE 10th Street. It would bea half street and would have a stub end at the north
property line. Proposed Lot 2 would be a comer lot and could take access from either NE 10th or the
new roadway. Proposed Lots 3, 6 and 7 would have access to the new roadway. Proposed Lots 4 and 5
would be interior lots with access via an easement across Proposed Lots 3 and 6 to the new roadway.
The applicant did not appropriately extended the easement into Proposed Lots 4 and 5. Staff
recommended that the easement extend 20 feet into those lots.
Vu.ong Short Plat
File No.: LUA-05-156, SHPL-H
February 21, 2006
Page 5
16. The new half-street roadway would be 35 feet wide and eventually be extended to the north and a sign
was proposed to alert new residents that this road would serve additional traffic and could be a through-
road in the future. The easement for Proposed Lots 4 and 5 will also serve as a turnaround.
17. Staff recommended that Lots 1 and 2 have their front yard along NE 10th. Proposed Lots 3, 6 and 7
would face the new road. It was recommended that Proposed Lots 4 and 5 face each other.
18. Staff noted that the applicant did not subtract the easement areas from the proposed lot areas. This
reduction would make Proposed Lot 4, already designed at the minimum 4,500 square feet required,
undersized. Staff recommended that the lot areas be recalculated and Proposed Lot 4 be enlarged.
19. Staff recommended that the easement's maintenance be defined with homeowners' covenants or
agreements.
20. The setback lines were incorrectly depicted on the submissions and would need correction.
21. The density for the plat would be 7.91 dwelling units per acre after subtracting the roadway and
easement areas.
22. The subject site is located within the Renton School District. The project is expected to generate
approximately 3 school age children. These students would be spread across the grades and would be
assigned on a space available basis.
23. The development will increase traffic approximately 10 trips per unit or approximately 60 trips for the 6
new homes. Approximately ten percent of the trips, or approximately six additional peak hour trips will
be generated in the morning and evening.
24. The City constructed a stormwater pond on property west of the subject site that had been part of the
subject site. Stormwater will be directed to the new half street. Stormwater flows could be handled by
a detention system located immediately west of the site.
25. Sewer and water service will be provided by the City.
26. There is a tentative development proposal for the property to the east, which would allow for the
development of a full street section adjacent to the subject site in the near future.
27. The City has adopted mitigation fees for transportation improvements, fire services and parks and
recreational needs based on an analysis of the needs and costs of those services. These fees are applied
to new development to help offset the impacts new homes and residents have on the existing community
and the additional demand for services.
CONCLUSIONS:
1. The proposed short plat appears to serve the public use and interest although the applicant will have to
modify the plat drawings to reflect the proper lot areas, building envelopes and setbacks.
2. The plat creates additional housing opportunities for single-family living. The plat creates rectangular
lots that are perpendicular to either a public street or private easement. The easement will provide both
access and emergency turnaround space.
Vuong Short Plat ()
File No.: LUA-05-l56, SHPL-H
February 21,2006
Page 6
o
3. There are appropriate utilities to serve the site including City water and sewer. Stormwater was
accommodated to some extent with the development of the detention pond to the west of the subject site
on what was the same ownership.
4. The development will increase the demands on the City's parks, roads and emergency services. The
applicant shall therefore help offset those impacts by providing mitigation that matches the fees
established by the City.
5. As submitted originally, the applicant did not appropriately calculate the lot sizes since the applicant did
not account for the easement area. Appropriate calculations will require that Proposed Lot 4 be
enlarged by adjusting other property lines but sufficient area will allow this adjustment. As also noted,
the building envelopes were not characterized properly and this will need to be corrected.
6. In order to create a sense of community, the homes need to be oriented to one another and adjacent
development appropriately. Therefore, staffs recommendation on front yard placement is appropriate.
The existing home on Proposed Lot 2 and its shallow western yard require a front yard orientation to the
south.
7. Since the new north-south roadway will be extended to the north eventually, a sign needs to be erected
that informs potential residents of this plat that additional through-traffic will occur on this roadway.
I
8. The easement for access will require the cooperation of the owners of four homes and documents
acceptable to the City Attorney will need to be drafted and submitted.
9. In conclusion, the short plat appears to appropriately meet the needs for more housing while offsetting
to some extent the impacts on the community that new housing and new residents will create.
DECISION:
The Short Plat is approved subject to the following conditions:
1. . The applicant shall be responsible to pay for a sign that informs potential residents of this plat that
additional through-traffic will occur on this roadway. The short plat map may also incorporate a similar
notice on the face of the plat.
2. A revised landscape plan shall be submitted at the time of application for construction permits. The
landscape plan shall depict the required landscape strip on the lots fronting NE 10 th Street and the new
public half-street. It shall show species, size and spacing of plantings in the required landscape strips.
Two trees shall be depicted in the landscape strip or front yard area of each lot. An irrigation system
shall be proposed, if drought resistant plants are not proposed. If an irrigation system is planned, this
shall be depicted on the construction drawings.
3. A revised plat plan shall be submitted at the time of application for utility construction permits from the
Development Services division. The plat plan must show the access easement to Lots 4 and 5 extended
onto those lots to allow adequate access to the lots. It must also show an adjustment of the lot lines such
that Lot 4 then meets the minimum lot size of 4, 500 square feet after subtracting the area of the private
access easement from the lot area.
VUQng Short Plat
. File No.: LUA-05-156, SHPL-H
February 21, 2006
Page 7
4. The front yard area assigned to proposed Lot 4 shall be the area located along the north property line of
the lot, and the front yard area assigned to proposed Lot 5 shall be the area located along the south
property line of the lot, such that the lots front each other.
5. A maintenance agreement shall be created concurrently with the recording of the short plat between
proposed Lots 3, 4, 5, and 6 in order to establish maintenance responsibilities for the shared private
access and utility easement and associated improvements. The agreement shall be placed on the face of
the final short plat prior to recording.
6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 for each new
single-family lot prior to the recording of the final plat.
7. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily
trip attributed to the project prior to the recording of the final plat.
8. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot
prior to the recording of the final plat.
ORDERED THIS 2~bruary 2006
TRANSMITTED THIS 21 st day of February 2006 to the parties of record:
Valerie Kinast
1055 S Grady Way
Renton, W A 98055
Tom Touma
6632 S 191 st pl., Ste. EI02
Kent, W A 98032
Kayren Kittrick
1055 S Grady Way
Renton, W A 98055
Robert Key
1008 Anacortes Ave NE
Renton, W A 98059
TRANSMITTED THIS 21 st day of February 2006 to the following:
Mayor Kathy Keolker Stan Engler, Fire
Binh and Thatha Vuong
4532 NE 10 th Street
Renton, W A 98059
Von Karl Inman
10800 NE 6th St., Ste. 200
Bellevue, W A 98004
. Jay Covington, Chief Administrative Officer
Julia Medzegian, Council Liaison
Larry Warren, City Attorney
Larry Meckling, Building Official
Planning Commission
Transportation Division
Gregg Zimmerman, PBPW Administrator
Alex Pietsch, Economic Development
Jennifer Henning, Development Services
Stacy Tucker, Development Services
Utilities Division
Neil Watts, Development Services
Janet Conklin, Development Services
King County Journal
Pursuant to Title IV, Chapter 8, Section 100Gofthe City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m., March 7, 2006. Any aggrieved person feeling that the decision of the
Vuong Short Plat .')
File No.: LUA-05-156, SHPL-H
February 21, 2006
Page 8
o
Examiner is ambiguous or based on erroneous procedure, errors oflaw or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal
. be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements.
Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City
Hall. An appeal must be med in writilllg on or !before 5:00 p.m., March 7, 2006.
][]f the Examilller's Recommenullatiolll or DecisioHII contains tllle requairement for Restrictive Covenants, the
executed! Covenants wm!be required pdor to approval by City Coumcill. or final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in the land use process include both
the Hearing Examiner and members of the City Council.
All communications concerning the proposal must be inade in public. This public communication permits all
interested parties to know the contents of the communication and would allow them to openly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
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SURVEY NOTES
INSTIlIJIotEN1\ H1I<OII TOTAl. STAnON OTlotAIOI.O
M£1\fOO USED, ARm TR"VERSt ""'lH AC1UAL
ntl.O Io(EASURD4DfTS ANtI AHOlES
WAC 332-130-090
OATE ar SURV£'l\ .lJHn. 2005
BASIS OF BEARtNQ, WE$T lfH£ ar NVI 1/4 or stc 10-23-09
(H 00'25'03" '1'1) ~ ~~~ ~~ ~~~t1:"ET',J~JR~~
n£V c 411.29 (125.38U)
ENGINEER / SURVEYOR
ltlUIotA DfootEERS '" t.Al<D SURVEYORs
6632 S 1910t PlACE SUITE [ -102
1<DI1', WASHINGTON 98032
(425) 251~"
OWNER
BtIIH WOIIO ANtI 'lltA'lHA WOIIo
4632 HE lO'IIt S1REET
RENTON. WA 98059
APPI.,ICANT
\'ON KARL INIIAN
330 SW 43RO 01(525
REmON. WA 9a055
206-719-8808
~1~ ::t SHORT PLAT DATA > ~ TOTAL SHORT PlAT AREA .. 49.'05 oq. Il ::> I ~ PU8\JC ROAO -10,580 oq. n.
CURRENT ZOHItfO -II II o I HUMBER OF LOTS PR~ - 7
, DDfSllY PERIoIITlm - a UHI'r.i PER AQ\£ ='-'="' H Ql' I L G'II4.;r I DENSITY _ 7.91 DU/ACRE
' 164.0r e'i4"E~ " - -PROPOSED SQUAR[ fOOTA<:£ OF 'lH£ LOTS
h: ' 1 1-4,543oq.n. i'I: NE 10TH STRE:e;T ~: 32803' 2 _ 6,211 oq. n. ---~---~--'Co.--'1\ -t 3-5,234oq.fl
$ 88'2/J'.1I,." E -. - -~ -'" _ _ ,-4,s00 oq. IL ~ ~ ~= ~;ff LEGAL DESCRIPTION :: ~:~~:: ~
ON 4"lC4" CONC 1ot0ll W/C/oSi, THE SClJTH HALF OF' THE II£ST HAL!' OF' THE SOUTHWE'ST .. -------___ .. ____ L"-. _J.5OJUa..lt. __ '"" _ .. ______ _
(fllt7/05) OVAR7f:R OF" 'THE HORTHEAST QVAlf7f:R OF' THE
N"'S3.691.4SOZ (R£IITON) NORTHI'IrnT Q(lAln~ OF' SCCl10N 10. TOWNSHIP 23 NORTH, '.
[01,300.377.4087 (REI4TOl1 RANGE 5 EAST. w.At .. IN KIN!; COfJNTY. WASHlNQ'TDN •
EXCEPT THE SQUTH 30 FEET CONvom TO KINQ COUNTY: War 1/4 or SEe 10-23-5
fNO 1-1/2" 8I!AS$ DlSC '
~'IIJl>uHOI MARl( ON 4'X4"
FOrI STRaT PIIffPO$£$ BY KINO COUNTY" MCOItOING ' NIJMSER 4839932; . E>¢oH:)'itt2t "
EXCEPT THIr II£ST 184 mr THE:R£OF' / COlIC 1ot0ll W/CIS,
. (6/17/05)
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smJA n: IN THIr CITY OF' R£1o/TON. COIJNTY OF' KING. STA Ii: OF WAS/fTHQ7'ON ,
LAND SURVEYOR'S CERnFicATE
This mop correctly repeesenta 0 ""rvey made
by me or under my dlrection In conformance
with the requirement. of the Survey Reeotdlng
Act 0\ the request of ~oel Inman
In June 2005 / . ~}~
9470
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jg TOUMA eNGINEERS
VUONG SHORT PAL T
4532 HE 10TH STREET
REtm:I14. o:JA 98059
lOT VAU£Y EXEaJ1lVE PARK DIWI. BY DATE
6Ol:l count 'DtST FU.ct. $Ur1I ,,",102. 'IUX'L ~ IOQlt DAN f. JUNE. 2005
JOB HO.
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20' JOINT USE
EASEMENT FOR
LOTS 4 & 5
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4,500 sq. ft.1 ,5 p.10 acresJ
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I 1 1
15,394 sq. ft., '6.962. sq.ft. , ("12 s IV. acre I
I I f~'~9~~_s_'1ft. ~ ~ ---~ ~
35 .. 01'
I
N ~~__ r------/ ~
54.23~ - --75.03' --: .~ ~
~--~~~~~~------~------~ : N 88'31 • W 72.29' I;" ,-
I ..-'-22. i~ ----~ ----L - - - - - _
4 r
~ 4.727. sq. ft. I
I 0.10 acres I
Ie 4,500. sq. ft.) 1
L--___ ---l
56.87' S
54.13
r ---3---1
6!007. sq. ftl.
!D.13 acres 1
( 'I I) S( 152. sq. fti
NE 10TH STREET
164.03'
S 88*29'24" E
35' OEDICA TED
RIGHT OF WAY
~--,,20' INGRESS/l
REC NO. 9W
0: t').
C.O.R. MON #1848 FND 1-12"
BRASS DISC W IpUNCH MARK
ON 4 "X4" CONC MON W ICASE
(6/17/05)
LEGAL DESCRIPTION
N=183.691,4502 (RENTON)
THE 'SOUTH HALF OF THE ~ST HALF OF
QUARTER OF THE NORTHEAST QUARTER
NnRTI-IWFST OUARTER OF SECTION 10, f,