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HomeMy WebLinkAboutLUA-08-150_Report 1(J) :,: m m .... 0 ,, .. ' • • • ! ~ ... . ~ • i I • • I (I> :,: rn rn .... "' 0 .,, .. u, J: m m -, " 0 .,, .. e ' ~~+I~ o z; 1R 2 ::;! i g t ~ • i •• I ~ I ! ' .. ~ a ~ ~ " ~11>--0Z .. 6~5 5il2:~ ll;' . "' ~.M ,. §~~· "'•! -, ~2~~ ~.~! :1 ~'.!ii I (/) n ~ )> " r I r.i i;;;::::o(~JL----· ' -' II § (/1 0 C!. (I> :i: m m -I .... 0 ,. .... a•~ • j -;,i , I! ':. i $U 1'"'2·, .. ---:,. '; ·i J_ "· , ~ il . ' ~ ~-Po.RK T~ACTS-IST A!JDI IIOri ';OL /4. 'JG 12 I W. LNr NV/ 1/•. NW I/-< GC'/T. LOT 4 ' "'' ~01,1·02·r •• ®l- ' "111':IG'ln'r "" ®'· ' lfOl-.,;'o:tr ""' ®!- Na!~'O'l"'E "" I I, I' I a :1 i /, I s ,, lo I ~ }§ I a·w ij~ i; ' ,~. I ,, s I I I IHI! >1)611 16655 :,000 " " -t,, I ) ', . "• t:.~u:Jjj,7"f ·- i "i 't ~ " t:; l I ' ! ! ! • • ! I l!! I I j \ I I ' I·---· :-yrT 1 - I p • I I ' • I I 'f--,-~ I-- ~ ii ~ ~ I J I 1----1-----'--f-f- ' ' ' ! ' n i 1 -,-L_ ~ p I ' , , I -!I I~ • :-~:+ 0~ " " 1 ~ § I • JI i:: _1 <" ii '11 ~ ~ , .. ~ ::: ~ ~ " ~ " ~ 1 REC. SPACE & lANDSCAPE DETAILS I-""•• .... -'-""::"'.:.._'-_-11 i,! ·.•:·· ·_oT_ALBUT. RIDGE £STAIB -·::.::--_,.-"-~ E9B! :..'°-=::'.=:.. ! ill! li!!I ~Ollt P.O. 8()X2,l(Jf ,,:e,cy,;,-,,c '"GONHIO,tQ. PUWN .. {C• O~HfVH<<>; Homes, Inc. ~ M4 9808J-2,f(Jf if~,· ,; i I •• ; . . .:;--:_:;=~r'". :'_,1,,li,., ... & • •• ., .,_L-...1,._ ( I_ ,; ,; 1r- l ! ,i I I I ' \ ~~ ~ ! 'r .. ~ ,i 1 J \ ---- _J Return Address: City Clerk;s Office City of Renton 1055 South Grady Way Renton, WA 98057 II I I Ill I Ill lilll II I ll~III I II II II II 20101019001077 CITY OF RENTON COV 98.00 PAGE-001 OF 037 10/19/2010 15:13 KING COUNTY, IJA Document Title(s) (or tninsaclions contained therein): (all areas applicable to your document must be filled in) 1.D~t.im1t~cc,, iemt>~ Ccct1i.J.i·015 ~1le!x:HC'·IC:i:U· :ias:_ ____ _j 3. 4. ---------~-------< Reference Number(s) of Documents assigned or released: Additional reference #'s on page_ of document [ , Additional names on page_ of document. Additional names on page_ of document. Legal <lescription (abbreviated: i.e. lot block, plat or section, township, range) Ldt5 \ -a?i ~ Tof \bff.f{,d.ge ~es of document. Assessor's Property Tax Parcel Acconnt Number D Assessor Tax# not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verif the accurac or co leteness of the indexin information ·ovided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010; I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ______________________ Signature of Requesting Party DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES RENTON, WASHINGTON .. • TABLE OF CONTENTS DESCRIPTION OF THE LAND ARTICLE 1 INTERPRETATION 1.1 Liberal Construction ------------------------------------------ Page 1 1 1.2 Covenant Running with Land . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . .. . .. . . .. . 1 1.3 Declarant is Original .Owner . . . .................................... 2 1.4 Captions .................................................................. 2 1.5 Definitions 2 ------------------------------------------. ----------------------- 1.6 Percentage of Mortgagees ....................................... 3 1.7 Percentage of Owners ........................................... 3 ARTICLE 2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area 4 ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment ......................................... 4 3.2 DelegationofUse . . .......................................... 5 ARTICLE 4 OWNERS ASSOCIATION 4.1 Establishment 5 ------------------------------------------------------------ 4.2 Form of Association 5 . ---------------------------------------------------- 4.3 Membership ............................................................ 5 4.3 .2 Transfer of Membership ....................................... 5 4.4 Voting .......... .... ... . . . . .. . . ..................................... 6 4.4.1 Classes of Voting Membership .................................... 6 4.4.2 Number of Votes 6 --------------. ------------------------------- 4.5 Bylaws of Association . . . . . . ......................................... 6 ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development ................................. 6 5.2 Management by Declarant .. ,. ..................................... 6 5.3 Management by Elected Board of Directors ......................... 7 5.4 Authority and Duties of the Board .................................. 7 5.4.1 Assessments 7 ----------------------------------------------------- 5.4.2 Services 7 ----------------------------------------------------------- 5.4.3 Utilities 7 5.4.4 5.4.5 5.4.6 5.4.7 5.4.8 5.4.9 5.4.10 ----------------------------------------------------------------. Insurance 7 ----·----------------. ------------------------------------------- Maintenance and Repair of Common Areas ················-········ 8 Maintenance of Rights of Way, etc ··························-·-····· 8 Fences, Landscaping, etc -·············-························ 8 Enforce Declaration 8 ---------------------------------------------·- Contracting & Payment for Materials, Services, etc. . ............. 8 Attorney-in-Fact 8 5.4.11 5.4.12 5.4.13 Borrowing of Funds ·--·--·-------·-·--··------·-··-··-··----··-------8 Adoption of Rules and Regulation, Fines -------------------------9 Additional Powers of Association 9 ARTICLE 6 ARCHITECTUAL CONTROL 6.1 Construction and Exterior Alteration or Repair 9 11 6.2 Sales Facilities ofDeclarant 6.3 6.4 Variances 11 ---------------------------------------------------------------- Appeals _______ ..... __ . ___ . _____ . _. _ .. ________________________________ .... _.. 12 ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 7.1 Maintenance of Lots 12 12 7 .2 Residential Use ----------------------------------------------. ---------- 7.3 Restriction on Further Subdivision 12 12 13 13 7.4 Rental Lots ------------------------------. --.. --------------------------- 7.5 Zoning Regulations 7_6 Business Use . ---------------------------------. ---------------. --------- 7. 7 Building Setback Requirements --------------------------------------13 7.8 Oil and Mining Operations 13 13 7.9 Catch Basin 7.10 Lot Size 13 -----. ------. -------------------------------------------. --------- 7.11 Garages --------------------------------------------------------------13 7.12 Square Footage --··---------------------------------------------------14 7.13 Mobile or Manufactured Housing ------------------------------------14 7.14 Driveway Standards ---------···-----------------------------····-----14 7.15 Parking ----···········--------------·-·----------------------------·····----14 7.16 Roof 14 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 Exterior Finish 14 ---------. --. --. ----------. --. ------------------------------ Utilities 15 -------------------------. -. -. ------------. ----------------------- Antenna 15 Fencing _ -··· ..... ···----___________________ ··-··· ··--______ -··-······----15 Fireplace Chimneys . _________________________________ .. ____________ . .. . . 15 Garbage and Refuse ·-····----------------------------····-·------·-···--15 Games and Play Structures -----------------------·-·-·--··------····· 15 Construction of Significant Recreation Facilities ···--------···· 16 Livestock and Poultry ··-···-----------------------·········-------·----16 Landscaping ___________ ...... __________________________ . _ ..... __ . __ . __ .. .. 16 Signs __ -·· ________________ --····------____________________________ . _______ .. 16 Temporary Structures . _____________________________ . ____ ... _________ .. _ 16 Completion of Construction ________ . __________________________ . _ _ ___ _ _ 16 Easements 16 --. --. ---------. ------------------------------------------------ Use During Construction 17 Excavations 17 7.33 Nuisances 17 ---------------------------------------------------------------- 7 .34 Cloths Lines, Other Structures 17 11 7.35 7.36 7.37 7.38 Common Drives Building Height Stonn Runoff Stonn Detention Operations and Maintenance 17 17 17 17 ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS 8.1 Creation of the Lien & Personal Obligation of Assessments 18 8.2 Uniform Rate 18 8.3 8.4 8.4.1 8.4.2 8.4.3 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 Initial Assessment Amount 18 Limitation on Annual Assessment Amount 18 ------------------------ Board Authority . .. . . . . . .. . . . . . .. . .. . .. . . .. . .. . . . . .. . .. . . . . .. . ... . . . 18 Annual Increase in Dollar Limit Owner Approval Required Manner and Time of Payment Accounts Lien . -------------------------------------------------------------------- Waiver of Homestead Continuing Liability for Assessments Records, Financial Statements 19 19 19 19 19 20 20 20 Certificate of Assessment 20 --------------------------------------------- Foreclosure of Assessment Lien, Attorneys' Fees & Costs 20 Curing of Default . . .. . .. . . . . .. . . . . . . .. . .. . ... . .. . .. . .. . . . . . . . .. . .. . . . . . . 21 Omission of Assessment 21 --------------------------------------------- Assessment Deposit . . . . . . . . . . . . . . . .. . .. . . .. . .. . .. . .. . . . . .. . .. . .. . . . . . . 21 Exempt Property . .. . . . . . . . . . . . .. . .. . . .. . . . . .. . .. . .. . . . . .. . .. . . . . . . 21 Effect of Legal Proceedings . . .................................... 22 ARTICLE 9 COMPLIANCE WITH DECLARATION 9. I Enforcement 22 --------------------------------------------------- 9. I. I Compliance of Owner . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . 22 9.1.2 Compliance of Lessee .......................................... 22 9.1.3 Attorney's Fees .................................................. 22 9.2 No Waiver of Strict Performance 23 ------------------------------------ 9.3 RightofEntry ......................................................... 23 9.4 Remedies Cumulative 23 ARTICLE 10 LIMITATION OF LIABILITY IO.I No Personal Liability . . .................................... 23 I 0.2 Indemnification of Board Members 23 ARTICLE 11 MORTGAGEE PROTECTION 11.1 11.2 11.3 11.4 Priority of Mortgagee ........................................... 24 Effect of Declaration Amendments 24 --------------------------------- Right of Lien Holder . . . . ... .... .. .. . . . .............. 24 Change in Manner of Architectural Review & Maintenance Within Project Ill 25 11.5 11.6 Copies of Notices ___ _ __ _ __ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ __ _ _ _ _ __ ___ _ __ 25 Furnishing of Documents _ _ _ _ _ _ __ _ _ _ __ _ _ __ _ __ _ ___ _ _ _ _ __ _ __ _ _ _ _ __ _ __ _ __ 25 ARTICLES 12 EASEMENTS 12.1 Association Functions -----. --. ----. ---------------------------------25 12.2 12.3 12.4 Easements Over Common Areas 25 ------------------------------------Access to Public Streets 25 .. -----------------------------------------.. --- Utility Easements __ _ ___ _ _ _ _ _ ___ _ _ _ __ _ __ _ _ _ _ _ __ _ _ __ _ __ _ __ _ _ _ ___ _ _ _ _ __ _ 25 ARTICLE 13 TERM OF DECLARATION 13. I Duration of Covenants 26 ·-----------------------------------------------13.2 Abandonment of Subdivision Status 26 ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment 26 -----------------. ---------------------. ----- 14.2 Plat Map ------------------------------------------------------------------27 14.3 Amendments to Conform to Construction 27 ------------------------ 14.4 Amendments to Conform to Lending Institution Guidelines 27 14.5 Article 16 Amendments 27 ARTICLE 15 INSURANCE 15.1 Insurance 28 ARTICLE 16 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant --------------------------28 16.2 Non-Declarant Annexations 29 --------------------. ---------------------- 16.3 Common Areas Within Additional Lands 29 ARTICLE 17 MISCELLANEOUS 17. I Notices 29 -------------------------------------------.. ---. -. ---. ---. ------- 17.2 Conveyances, Notice Required --------------------------------------29 17.3 Successor and Assigns --------------------------------------------------30 17.4 Joint and Several Liability ---------------------------------------------30 17.5 Mortgagee's Acceptance ---------------------------------------------30 17.5.1 Priority of Mortgage --------------------------------------------------30 17.5.2 Acceptance Upon First Conveyance -------------------------------30 17.6 Severability -------------------------------------------------------------30 17. 7 Effective Date 30 ----. ----------. ---. --. -----------. --. ---------------------. - 17.8 Government Right of Access --------------------------------------30 IV DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES RENTON, WASHINGTON THIS DECLARATION is made this DAY OF ______ 200_, by the undersigned TALBOT RIDGE ESTATES, LLC DESCRIPTION OF THE LAND A. TALBOT RIDGE EST A TES, LLC owns certain real property located within the State of Washington, which property and improvements are commonly known as the plat of TALBOT RIDGE ESTATES, located in the City of Renton, King County, Washington and legally described in the attached Exhibit A (the "Project"). All Common Areas of the Project are shown on the Plat Maps recorded in conjunction with this Declaration. B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to make and purchase Joans secured by Lots within the Project, TALBOT RIDGE ESTA TES, LLC agrees to provide herein for a method of use and architectural control within the Project. NOW, THEREFORE, TALBOT RIDGE ESTATES, LLC hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restriction, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of the Declaration. The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE I INTERPRETATION I. I Liberal Construction. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Talbot Ridge Estates, LLC, their respective successors, heirs, executors, administrators, devisees or assigns. 1.3 Declarant is Original Owner. Talbot Ridge Estates, LLC is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed ofrecord. 1.4 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5. l "ACC" shall mean the Architectural Control Committee provided for in Article 6. 1.5.2 "Association" shall mean the Owner's Association provided for in Article 4 and its successors and assigns. 1.5.3 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a government entity) all Common Areas described on the Plat Map; Project entry sign(s) and landscaping, recreation space Tract D, planter islands and planted medians on roads or cul-de-sacs, and mailbox stands serving more then one Lot. 1.5.6 "Declarant" shall mean TALBOT RIDGE ESTATES, LLC (being the Owner of the real property described in Exhibit A thereof) and its successors and assigns if such successors or assigns should acquire more then one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties ofDeclarant. 1.5.7 "Declaration" shall mean this declaration and any amendments thereto. 1.5.8 "Home" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence .. 2 1.5.9 "Lot" shall mean and refer to any plot ofland shown upon any recorded Plat Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned by the Association or by all of the lot Owners as tenants in common, nor included any land shown on a Plat Map but dedicated to the public or to a government entity. 1.5.10 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.12 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.13 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.5.14 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.15 "Plat Map" shall mean any Plat Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Plat Maps depict the layout of the Lots on the Project. 1.5.16 "Plat" shall mean and refer to the plat of TALBOT RIDGE ESTA TES as recorded in Volume J.:i3_ of Plats, Pages () t~througho'i~ Records; of King County, State of Washington, under Recording No. SJ 0101019 ()0/07&,- l.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. I. 7 Percentage of Owners. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 3 ARTICLE2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area. All Common Areas shall be owned by the Association. The Common Area shall exclude those portions of common areas ( and improvements thereto) which have been or may hereafter be, dedicated to and owned by the public or a governmental entity. The Common Area shall for all purposes be under the control, management and administration of the Declarant until all Class B membership (as defined in Article 4) terminates, and under the control, management and administration of the Association thereafter. The Association ( and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. ARTICLE3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive right, in common with all Owners, of enjoyment in and to the Common Area that shall be appurtenant to and shall pass with the title to ever Lot, subject to the following provisions: 3. I. I The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3 .1.2 The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area. 3.1.3 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for any period during which any assessment against such Owner's Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Until all Class B membership terminates, the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member for non- payment of an assessment, upon the request of the Declarant. 3 .1.4 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. 3.1.5 The right of the Association to limit the number of guests of members. 4 3. I .6 The right of the Association, in accordance with this Declaration and its Articles oflncorporation and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.5. 3.1.7 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to the public. 3.1.8 Until all Class B membership terminates, the exercise of all the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior written approval ofDeclarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), his/her right of enjoyment of the Common Area and facilities to the members of his/her family, or his/her tenants or contract purchasers who reside on the Owner's Lot and (subject to regulation by the Association) to his/her temporary guests. ARTICLE4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called TALBOT RIDGE EST ATES HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration shall prevail. 4.3 Membership. 4.3 .1 Qualification. Each Owner of a Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of 5 4.4 title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant hereto to the new Owner thereof. Voting. 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Lot owned; (b) The Class B members shall be the Declarant, which shall be entitled to ( 10) 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 Declarant's management powers terminate, as provided in Section 5.2. 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 the combined number. If Declarant elects to annex Additional Lands pursuant to Section 16.1, the total number of votes shall be increased by the applicable number for the Lots in such annexed Additional Lands. 4.4.2 Number of Votes. Except as provided in Section 4.4.1 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 (1) vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration, may be adopted or amended by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLES MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. 5.2 Management by Declarant. The Project shall be managed on behalf of the Association by the Declarant until the earlier of (a) one hundred twenty (120) days after all Class B membership terminates, or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section 5 .2 by written notice to all Owners. So long as Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration, provided however, that the Association may not be bound directly or indirectly to any contracts or leases without the right of termination 6 exercisable without cause and without penalty at any time after transfer of control to the Board elected pursuant to Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract. 5 .3 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5 .4 Authority and Duties of the Board. On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including by not limited to the following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair, improvement and replacement of those portions of the Common Area or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above assessments. The Association may impose and collect charges for late payments of assessments. 5 .4.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Area, whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility easements and street lighting, as required for the Common Area. 5 .4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Area casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 15. 7 5.4.5 Maintenance and Repair of Common Areas. Pay for the cost of painting, maintenance, repair of all recreational facilities, landscaping and gardening work for all Common Area, and improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulation and the provisions of this Declaration. The foregoing shall include the cost of maintaining, repairing and replacing mailbox stands that serve more then one (1) Lot, and such replacing and repairing of furnishings and equipment in the recreation tract as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of maintaining and landscaping ofrights of way, traffic islands and medians, or other similar areas which are not part of the Lots or Common Area but which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter and interior fences, if any, and landscaping and improvements on easements, if any, which are located on or across Lots, provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.9 Contracting and Payment for Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots 5 .4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, to grant easements and licenses over Common Areas, and to secure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 8 5.4.12 Adoption of Rules and Regulation: Fines. When and to the extent deemed advisable by the board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The Board may impose and collect charges for late payments of assessments and, after notice arid an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulation of the Association. 5.4.13 Additional Powers of Association. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of the Declaration. ARTICLE6 ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures (including, without limitation, concrete or masonry walls, rockeries, fences, sheds, swimming pools, if any, or other structures) to be constructed within the Project, and all exterior alterations and repairs (including, but not limited to, re-roofing or repainting) of any buildings or structures on the Project and visible from any public street, Common Area or other Lot must be approved in writing by the Board, or by an Architectural Control Committee ("ACC") composed of three (3) or more representatives appointed by the Board, at least two (2) of whom shall be Board members; provided, that so long as Declarant owns any Lots within the Project, Declarant at its option may exercise all of the rights and powers of the Board under Section 6.1 including without limitation the appointment of members of the ACC. References in the Article 6 to the ACC shall be deemed to include the ACC, the Board, or the Declarant, as circumstances may dictate. Complete plans and specifications, including colors, of all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC along with a written request for approval signed by the Owner. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board at the time of transfer (pursuant to Article 5.3) shall be deemed approved exterior modifications. 9 6.1.2 The ACC will review all requests for approval of construction, alteration or repair for quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and for location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 In the event the ACC fails to approve or disapprove such request within thirty (30) days after all required plans and specifications have been submitted to it, such approval shall be deemed given by the ACC. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty (30) days prior to the proposed construction or exterior alteration or repair starting date. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. 6.1.5 The ACC may require that said plans or specifications be prepared by an architect or a competent house designer, approved by the ACC. One complete set of said plans and specifications shall in each case be delivered to and permanently retained by the ACC. All buildings or structures (including but not limited to garden sheds) shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACC. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or otherwise. 6.1.6 In so passing such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structure will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC 's opinion, could affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 6.1. 7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all the properties located in close proximity. The enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth therein for all buildings and structures. 10 6.1.8 The ACC shall have the right to require, at a Lot Owner's expense, the trimming or topping ( or, if deemed necessary by the ACC, removal) of any tree, hedge or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot. 6.1.9 The ACC shall have the right to specify precisely the size, color and style of mailboxes, and of the post or support on which such mailboxes are affixed, and their location within the Project, whether or not such mailbox stand is a Common Area, all with the approval of the Postmaster (ifrequired). 6.1.10 Approval by the ACC is independent of, in addition to, and not to be construed as a representation as to compliance with, any requirements for a permit, license or other approval by the City of Renton or other applicable governmental or quasi-governmental entity. The Lot Owner is responsible for obtaining any such governmental approvals. 6.1.11 Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restriction of this Section 6.1 as to any Lot owned by Declarant, whether or not any Class B membership exists and whether or not management of the Association has been relinquished by Declarant pursuant to Section 5.2 hereof. 6.2 Sales Facilities of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant ( and its agents, employees and contractors) shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Project (other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to, a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers ofDeclarant. 6.3 Variances. So long as Declarant owns any Lot, the Board may in its reasonable discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7, thereafter, the Board may, upon written request of an Owner, grant a variance from the requirements of Article 7 only in cases where, because of the physical characteristics of the Lot, strict enforcement would result in an unnecessary hardship. The Board may only grant a variance from the provisions of sections 7.11 through 7.17, 7.19 through 7.21, 7.23, 7.29, or 7.36. The Board's authority to grant such a variance shall not be delegated to the ACC. Prior to granting such a variance, the Board shall hold an open hearing at which other Owners may comment. At least fifteen (15) days prior to such hearing, the Board shall give written notice of the nature of the requested variance to the Owner of each Lot immediately adjacent to the Lot for which the variance is requested, to other Owners that would reasonably be affected by the variance, and by requiring the Owner requesting the variance to post a notice on such Owner's Lot in a form reasonably satisfactory to the Board. · I I 6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to the Board by written notice within sixty (60) days after the ACC's written decision. The Board will review the ACC decision at the Board's next regularly scheduled meeting (but in any event not later than thirty (30) days after receipt of the notice of appeal). The Board shall give written notice to the appealing Owner of the time and place of such meeting at least five ( 5) days in advance. ARTICLE 7 USE AND MAINTENACE OBLIGATION OF OWNERS 7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping) and Home and other improvements located thereon, and also such other areas as may be required pursuant to Sections 5.4.6, 5.4.7 and 12.4, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulation and the provisions of this Declaration and the rules and regulations of the Association. 7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent the Owner from leasing a Lot and improvements subject to all of the provisions of the Declaration. 7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided and sold or resold, nor ownership changed or transferred whereby the ownership of any portion of this Project shall be less than the area required for the use district in which located, provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. 7.4 Rental Lots. 7 .4.1 With respect to the leasing, renting, or creating of any kind of tenancy of a Lot and improvements thereon by its Owners, such Owner shaIJ be prohibited from leasing or renting less than the entire Lot or improvements thereon, or (with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure) for a term of less than six ( 6) months, and all leasing or rental agreements shall be in writing, and shall be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). 7.4.2 Ifa Lot or Home is rented by its Owner, the Board on behalf of the Association may collect, and the tenant or Jessee shall pay over to the Board, so much of the rent for such Lot or Home as is required to pay any amounts due the Association 12 hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights that a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article 7 there are no restrictions on the right of an Owner to lease or otherwise rent such Owner's Lot or Home. 7.5 Zoning Regulations. Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any provision of such governmental regulations and the restrictions of this Declaration, the more restrictive provision shall apply. 7 .6 Business Use. No business of any kind shall be conducted on any Lot with the exception of(a) the business ofDeclarant in developing and selling all of the Lots, and (b) such home occupation as may be permitted by the appropriate local government and which is not otherwise in violation of the provisions of this Declaration. 7.7 Building Setback Requirements. All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements. No building or other structure shall be located within any building setback line shown on the Plat Map. 7 .8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September 15 1h of each calendar year. 7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a Lot area ofless than that required by the government entity having appropriate jurisdiction over the Project. 7 .11 Garages. Every Home must have a garage capable of holding at least two full-size cars, but no more than three full-size vehicles (any car, boat, recreational vehicle, etc. shall be deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a manner that the Board reasonably determines is not offensive when viewed from the street or from the ground level of adjacent Lots or Common Areas. 13 7.12 Square Footage. Each single-family residence must include a minimum of 1,800 square feet for single story Homes and 2,200 square feet for two-story Homes, excluding garage, porches and decks. 7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be strongly encouraged and any use ofrepetitive design shall be strongly discouraged and/or prohibited at the discretion of the ACC. The ACC may refuse to approve a plan based on design or repetitive use of a plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured housing. 7 .14 Driveway Standards. All driveways shall be constructed of concrete with a minimum of aggregate finish or other material approved by ACC. 7 .15 Parking. Unless substantially screened from view from the street or from the ground level of adjacent Lots and Common Area in a manner reasonably approved by the ACC, no recreational vehicles, commercial vehicles, construction or like equipment, motorcycles, or trailers (utility, boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or street for a cumulative period in excess of fourteen (14) days in any(!) calendar year. No motor vehicles of any kind shall be parked overnight on any street adjoining any Lot or Common Area, provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of any kind that is inoperative by reason of mechanical failure shall be parked or stored on any Lot or in any right-of-way or street adjoining any Lot or Common Area for more than seventy-two (72) hours. The Board shall have full authority to determine, in its sole discretion, if any vehicle is obnoxious or undesirable to the other Lot Owners and to enforce this covenant. Pursuant to Article 9 of this Declaration, the Association may levy fines or have vehicles that are parked in violation of this Section towed and impounded at the Owner's expense. 7 .16 Roof. The exterior of all roofs shall be composed of materials approved by ACC. All roofs must have a pitch of at least 4/12 (four on twelve), unless approved by the ACC based on considerations regarding a specific Lot. Under no circumstances are flat roofs allowed. Roof material shall be at least twenty-five (25) year composition asphalt shingle, color approved by ACC, and by a manufacturer approved and accepted by ACC. 7 .1 7 Exterior Finish. The exterior of each Home shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the ACC in accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing, decks, eaves, gutters and the exterior finish of garages and other accessory buildings (including garden sheds) shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. Homes and other structures may be finished in vinyl siding if approved by the ACC. 14 7 .18 Utilities. All utilities shall be installed underground. No storage tanks or barrels of any kind shall be maintained above ground unless properly screened in a manner acceptable to the ACC. All Lots shall be served by public water and sewer. No wells or septic systems shall be constructed or maintained on any Lot. 7 .19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved in writing by the ACC. As a condition of approval the ACC may require reasonable shielding of such antenna, satellite dish or equipment from view from the street and the ground level of adjacent Lots or Common Areas. In no event shall any satellite dish or similar antenna greater then one(!) meter in diameter be permitted. 7.20 Fencing. Fences may only be placed along the rear property line (except any area within a Natural Greenbelt Protective Easement), along the front building line, and from the front building line to the rear Lot line ( except any area within a Natural Greenbelt Protective Easement), cannot exceed six (6) feet in height above the ground, under no circumstances may obstruct view from any other Lot, must be constructed of wood approved by the ACC. Hedges or other solid screen planting may be used as Lot line barriers subject to the same height restrictions as fences. No chain-link fences shall be permitted on a Lot. No fence, wall or hedge shall be permitted on a Lot any nearer to any street then a building is permitted under Section 7. 7, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than three (3) feet above the finished grade at the back of said retaining wall. 7 .21 Fireplace Chimneys. Fireplace chimneys must be constructed with material approved by the ACC and as otherwise required by this Declaration. 7 .22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No building material of any kind shall be place or stored on any property within the Project until the Lot Owner is ready to commence construction, and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pick-up. All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably screened from view from the street and from the ground level of adjacent Lots and Common Areas. 7 .23 Games & Play Structures. No deck, platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of the residence constructed thereon, and any such structure must have prior approval of the ACC. No basketball goals or similar moveable structures shall be kept or placed on any public sidewalk or street. 15 7 .24 Construction of Significant Recreation Facilities. The construction of any significant recreational facilities on any Lot including, but not limited to, such items as swimming pools and tennis, badminton or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACC. 7 .25 Livestock and Poultry. No animals or reptiles of any kind shall be kept on the Project, except that dogs, cats, and other indoor household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more then two (2) dogs. 7.26 Landscaping. All cleared areas between the front building line and the street shall be fully landscaped within thirty (30) days, depending on weather conditions, of the time when Home is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards within nine (9) months of occupancy unless a longer time is approved by the ACC. 7.27 Signs. No signs of any kind, nor for any uses, shall be erected, posted, painted or displayed on any Lot or Common Area whatsoever, except for public notices by political divisions of the State or Country or as required by law. Any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the Project only with prior approval from the ACC. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Sale" sign on the Lot, provided such sign complies with any rules published by the ACC. 7.28 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected or placed on the Project shall at any time be used as a residence, even temporarily. No building or structure shall be moved on to the Project from any land outside the Project. A trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACC. A construction shack may be used by an Owner's construction contractor during the construction period. 7 .29 Completion of Construction. Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting or staining, and shall be connected to sewers within eight (8) months from the date of commencement of construction, unless some longer period of time is approved in writing by the ACC. 7.30 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Plat Map and as described in Article 12. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise provided in 16 Section 12.4, any easement or portion thereof located on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 7 .31 Use During Construction. Except with the approval of the ACC, no person shall reside in any structure on any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt of a final inspection of the dwelling unit by the City of Renton Building Department or other applicable government official. 7 .32 Excavations. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation shall be made nor shall any dirt be removed from or added to any Lot. Except with permission of ACC, no retaining wall of more then four feet (4) in height (exposed height) may be constructed on any Lot. 7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be permitted or maintained upon any Lot or upon any other portion of the Project. If the Board determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 7 .34 Clothes Lines, Other Structures. No clothes lines or other structures of a similar nature shall be visible from any street or the ground level of any adjacent Lot or Common Area. 7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon of therein except by express written consent of the Board. 7 .36 Building Height. Except with the permission of the ACC, no building height shall exceed thirty (30) feet, as measured from the lowest floor elevation of the house ( either garage floor or living area floor) to the maximum point of the roof. 7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots. 7.38 Storm Detention Operations and Maintenance. It is the responsibility of the City of Renton to maintain the detention and water quality system and access roads located in Tract D. 17 ARITCLES COMMON EXPENSES AND ASSESSMENTS 8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to the title transfer or 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 for installments that become due on and after said date. 8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for cost incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 8.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time of his/her purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of $150.00. Such initial assessment shall be in addition to any annual assessment provided for in this Article 8 and shall be for the purpose ofreimbursing the Declarant and/or Association for maintenance and operating expenses of and for the Common Areas during the initial development and house sales period. Notwithstanding the provision set forth above, the Declarant shall not be liable for any initial assessments assessed or due so long as Declarant owns any Lot. 8.4 Limitation on Annual Assessment Amount. 8.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year 18 totaling not more then $250.00 per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provision of this Declaration nor any initial assessments provided for in Section 8.3. Notwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 8.4.1 shall not be increased by more than fifteen percent (15%) without the approval of a majority of the Lot Owners voting at a meeting duly called for such purpose. 8.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Section 8.4.1 and 8.4.2 shall require the calling of a meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 8.5 Manner and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at an annual rate equal to fifteen percent ( 15% ), and the Board may also assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen ( 15) days. 8.6 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof, provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8. 7 Lien. In the event any assessment or installment thereofremains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen ( 15) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as 19 provided in Section 11.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 8.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8.9 Continuing Liability for Assessments. No Owner may exempt himselVherself from liability for his/her Assessments by abandonment of his/her Lot. 8.10 Records, Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 8.11 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. 8. I 2 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 20 8.13 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim oflien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 8.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of one (I) annual assessment, plus either one (I) special assessment if special assessments are payable on an annual basis, or three (3) special assessment installments if special assessments are payable on a monthly or other periodic basis. Such deposit may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten ( I 0) days or more delinquent in paying his/her assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 8.16 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 8.16.1 All properties dedicated to and accepted by a governmental entity, 21 8.16.2 All Common Areas, and 8.16.3 All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the state of Washington. However, the land or improvements, which are referred to in Sections 8.16.1, 8.16.2 and 8.16.3 and which are devoted to dwelling use, shall not be exempted from said assessments. 8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9 .1.1, and notwithstanding the assessment limitation provided for in the Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLE9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9.1.1 Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board ( acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on his/her own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.4.12 of this Declaration. 9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles oflncorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9 .1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration, the Articles oflncorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 22 9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 9.3 Ri2ht of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law although not expressed herein. ARTICLE 10 LIMITATION OF LIABILITY IO. I No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence ( except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 10.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein 23 such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation oflaw in the performance of his/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligation assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 11 MORTGAGEE PROTECTION 11.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor an any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such possessor, its successor and assigns. 11.2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon . Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 11.3 Rights of Lien Holder. A breach of any of the provisions, conditions, restriction, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 24 11.4 Change in Manner of Architectural Review and Maintenance Within Project. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one (I) vote for each first Mortgage owned) and seventy-five percent (75%) of all Owners (other than Declarant) ofrecord by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep oflawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a Lot has for more than sixty (60) days failed to meet any obligation under this Declaration. 11.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 12 EASEMENTS 12.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12.2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project, provided, however, that no easement shall be granted within any Native Growth Protection Area or Native Growth Protection Easement. 12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. 12.4 Utility Easements. On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, 25 underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes. ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years each, unless an instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or terminating this Declaration. 13 .2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent ( 100%) of all first Mortgagees (based upon one ( 1) vote for each first Mortgage owned) and one hundred percent (100%) of all Owners (other then Declarant) of record, seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment, except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five (75%) of all the Owners and seventy- five percent (75%) of all the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments, assessment liens or subordination of such liens, reserves for maintenance, repair and replacements of Common Areas, insurance or bonds; use of Common Areas, responsibility for maintenance or repairs, expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project, boundaries of Lots, converting of Lots into common Areas or vice versa; dedicating or transferring all or any part of the Common Area to any public agency, authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages, the interests in Common Areas; or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, provided, that a Mortgagee who fails to respond in writing within thirty (30) days of a 26 written request to approve an amendment shall be deemed to have approved the request. In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. Notwithstanding the forgoing, this declaration may not be amended to eliminate the requirement to own and maintain recreation, and open space tract as required by the approval of subdivision, without the prior approval of the City of Renton. 14.2 Plat Map. Except as otherwise provided herein, to effect an amendment to the Declaration adopted as provided for in Section 14.1, the Plat Map may be amended by revised versions or revised portions thereof, provided that the revised version or revised portions reference the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in conjunction with the Declaration amendment in the appropriate governmental office where real estate conveyances are recorded for the county in which the Project is located. 14.3 Amendments to Conform to Construction. Dec!arant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.4 Amendments to Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.5 Article 16 Amendments. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided for in Article 16 shall be 27 approved and recorded as an amendment to this Declaration as provided in this Article 14. ARTICLE 15 INSURANCE 15.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all the Common Area (and Common Area improvements), if any, including common personal property and supplies belonging to the Association; fidelity coverage for Association Board members (including Declarant), officers, employees or agents, and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or placement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. ARTICLE 16 ANNEXATION AND WITHDRAW AL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association, PROVDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality, or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. 28 16.2 Non-Declarant Annexation. Annexation of Additional Lands other than Declarant annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 14.1 16.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project. ARTICLE 17 MISCELLANEOUS 17.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. Ifby mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight ( 48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addresses as follows: (a) Ifto an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws, or ifno such address is filed, then to the address of the Owner's Lot. (b) Ifto Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 17.2 Conveyance, Notice Required. The right ofan Owner to sell, transfer, or otherwise convey his/her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the . purchaser's interest, and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notice the purchaser, the title insurance company, and the closing agent of the amount 29 of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 17.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 17.4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 17.5 Mortgagee's Acceptance. 17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 17 .5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee of record at the time ofrecording of this Declaration shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said Mortgage shall remain in full effect. 17 .6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 17.7 Effective Date. The Declaration shall take effect upon recording. 17.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space and any drainage facilities contained therein. 30 IN WITNESS WEREOF TALBOT RIDGE ESTATES, LLC have executed this Declaration the day and year first hereinabove written TALBOT RIDGE ESTATES, LLC a Washington limited liability com any STATE OF WASHINGTON COUNTY OF KING ) ) ) ss: I certify that I know or have satisfactory evidence the .J pt\-:µ f) ' Af1= LL. 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 this instrument and acknowledged it as the MANAGER of TALBOT RIDGE EST ATES, LLC, to be the free and voluntary act of su~,p~~'fhn,l.\)e uses and purposes mentioned in this instrument. r;.~$~ fl. ~ ·~·~, f !='a 1\ DATED 0Mtu2-'2-, 200~ f ,-,,. U\ \ \~~~*' r~J ~ -, 0~ 1a.\'I. t!: 'i ~~ • ~ ~ G :: Y) It,, -.-\\\\\~ J..~ f t .[/I ,,,,,, Op WA.,~ .......... ..:- 'J ,1 ~~ ''ti :,.,, , vv ""l"'h'""'' I '" 1 int Name: l/\tl~ f-. M,::'!.rU/1 My Appointment expires: 1/1~ / '!1! /7 I I NOTARY PUBLIC and for the State of Wa~~iding at 31 Denis Law Mayor August 12, 2010 ' Talbot Ridge Estates, LLC. 11711 SE 81h St, Suite 310 Bellevue, WA 98005 City Clerk -Bonnie I.Walton Development Management Engineers c/o Cliff Williams 5326 SW Manning Street Seattle, WA 98116 Re: Talbot Ridge Estates Final Plat, File No. LUA-08-150, FP Dear Applicant: At the regular Council meeting of August 9, 2010, the Renton City Council adopted the recommendation of the Community and Economic Development Department to approve a six-month extension of the 10/5/2009 Talbot Ridge Estates Final Plat approval, granted via Resolution No. 4018. If I can provide additional information or assistance, please feel free to call. Sincerely, Bonnie I. Walton City Clerk cc: Mayor Denis Law Council President Don Persson Neil Watts, Dev Svcs Director 1055 South Grady Way • Renton, Washington 98057 • (425) 430-651 O / Fax (425) 430-6516 • rentonwa.gov ... August 9, 2010 CONSENT AGENDA Council Meeting Minutes of 8/2/2010 Lease: City Hall Office Space, SCORE Attorney: Vehicle Use Agreement, SCORE Plat: Talbot Ridge Estates, Six- Month Extension, FP..Q'f-150 lflliP&'i-1-:;o Community Services: Ballfield Lighting Replacement, Milne Electric Utility: East Renton Lift Station Elimination, Carollo Engineers Renton City Council Minutes Page 243 business district can be reborn. He also pointed out that although there are troublemakers in the area, every City has problems, and that people should work together to solve those problems. He stated that he believes developers will take advantage of low-priced properties and bolster the community with an influx of money and development when annexed. Items listed on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 8/2/2010. Council concur. City Attorney Department recommended approval of a lease agreement in the amount of $14,400 with the South Correctional Entity (SCORE) for use of office space at City Hall from 7/1/2010 through 9/30/2011. Council concur. (See page 246 for resolution.) City Attorney Department recommende.d approval of an interlocal agreement in the amount of $423.71 per month with the South Correctional Entity (SCORE) for use of a City vehicle. Council concur. (See page 246 for resolution.) Community and Economic Development Department recommended approval of a six-month extension of the 10/5/2009 Talbot Ridge Estates Final Plat approval for 22 single-family lots on 4.3 acres located in the vicinity of SE 192nd St. and 102nd Ave. SE. Council concur. Community Services Department recommended approval of a contract in the amount of $197,730.72 with Milne Electric, Inc. to replace ballfield lights at Philip Arnold Park. Refer to Finance Committee. Utility Systems Division recommended approval of a contract in the amount of $141,713 with Carollo Engineers for final design and construction services for the East Renton Lift Station Elimination project; and recommended that an additional $100,000 be budgeted for this project in 2011. Refer to Utilities Committee. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS MAJORITY REPORT: The Committee of the Whole recommended to the full Committee of the Whole Council that it adopt a resolution establishing an election date for the West Hill Annexation: West Hill, Election annexation in February 2012. The Committee further recommended that the Administration be directed to continue to work diligently both internally and with external public and private entities to identify cost savings and funding opportunities to close the anticipated funding gap. MINORITY REPORT: The Committee of the Whole recommended to the full Council that it decline to set an election date for the West Hill annexation. The Administration has analyzed the costs of the annexation and, even ignoring start up costs, the yearly shortfall and operating costs will be $1.7 million initially, and increasing thereafter. Such a shortfall could result in a reduction of up to 17 positions serving the current City and/or the cutting of valuable programs. While Council supports the annexation of West Hill, it cannot justify doing so at the expense of lost services to its current citizens. • ... CITY OF RENTON COUNCIL AGENDA BILL 5.c/. Subject/Title: Meeting: Talbot Ridg.e Estates Final Plat -Request for Regular Council -09 Aug 2010 Extension Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Community and Economic Development Copy of original agenda bill -Oct 2009 Recommended Action: Council concur Fiscal Impact: Expenditure Required:$ Amount Budgeted:$ TotalProject Budget:$ SUMMARY OF ACTION: Staff Contact: Neil Watts, x-7218 Transfer Amendment:$ Revenue Generated: $ I City Share Total Project: $ Talbot Ridge Estates Plat is a 22-lot subdivision located on the southwest comer of SE 192nd Street and 102nd Avenue SE. All improvements for the preliminary plat were completed prior to original Council approval of the final plat on October 5, 2009. Due to the uncertain housing market, the applicant did not proceed with the final recording of the plat, which requires payment of the various development related mitigation fees. Final plat recording is required to be completed within six months of the Council final plat approval, which has now been exceeded. The code allows for an extension of the Council approval for an additional six months. The applicant is ready to proceed with payment of mitigation fees, recording of the plat, and construction of the houses at this time. The subdivision requirements remain unchanged, and granting of the requested extension is supported by staff. STAFF RECOMMENDATION: Approve a six month extension of the Talbot Ridge Estates Final Plat. DATE: TO: VIA: FROM: STAFF CONTACT: SUBJECT: DEPARTMENT 1 & ECONOMIC DE'JEL9Pfslti4 I MEMORANDUM July 21, 2010 Don Persson, Council President Members of Renton City Council Denis Law, Mayor Alex Pietsch, CED Administrator Neil Watts, Development Services Director (x-7218) Talbot Ridge Estates Final Plat Request for Extension Should the City Council grant an additional six month extension to the Talbot Ridge Estates final plat to allow the applicant to proceed with recording of the completed subdivision? RECOMMENDATION: City staff recommends City Council approve a six month extension to the earlier approval for the final plat of the Talbot Ridge Estates Plat. BACKGROUND SUMMARY: On October S, 2009, City Council approved the final plat for the Talbot Ridge Estates Plat. The Talbot Ridge Estates Plat is a 22-lot subdivision located on the southwest corner of SE 192nd Street and 102nd Avenue SE. All the improvements for the preliminary plat were completed prior to original Council approval of the final plat. Due to the uncertain housing market, the applicant did not proceed with the final recording of the plat, which requires payment of the various development related mitigation fees. Final plat recording is required to be completed within six months of the Council final plat approval, which has now been exceeded. The code allows for an extension of the Council approval for an additional six months. The applicant is ready to proceed with payment of mitigation fees, recording of the plat, and construction of the houses at this time. The subdivision requirements remain ... - Talbot Ridge Estates Final Plat Extension Page 2of2 July 21, 2010 unchanged, and granting of the requested extension is supported by staff. cc: Jay Covington, CAO Larry Warren, City Attorney Larry Meckling, Building Official Jan Illian, Plan Reviewer C.,_ [ OF RENTON COUNCIL AGENDA .. .LL Submitting Data: CED Dept/Div/Board Development Services Division Staff Contact · Rick Moreno, X7278 Subject: Talbot Ridge Estates Fmal Plat File No.: l.05P007 PP (King County) LUA 07-150; PP Exhibits: Staff Report, Legal Description, Project Site Map, and Vicinity Map . Resolution Recommended Action: Council Concur Fiscal Impact: Expenditure Required. .. Amount Budgeted. ....... Total Proiect Bud<>et SUMMARY OF ACTION: I AHi: 7,d, For Agenda of: October 5, 2009 Agenda Status Consent.. ........... .X Public Hearing .. Correspondence .. Ordinance ............. Resolution............ X Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept.. ....... X Fip.ance Dept .... .. Other ............. .. Transfer/Amendment. ..... . Revenue Generated. ...... .. Citv Share Total Proiect.. ' The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 4.3 acres into 22 single-family residential lots vested to King County standards to include storm facilities, street improvements and street lighting. All water and sewer utilities are provided through Soos Creek Water and Sewer Utility District. This project was initiated through King County. STAFF RECOMMENDATION: Approve the Talbot Ridge Estates Final Plat, LUA07-150, PP, with the following conditions and adopt the resolution. 1. All plat improvements has been either constructed or deferred to the satisfaction of the City staff prior to recording of the plat 2. All plat fees shall be paid prior to recording the plat. ·-----. .. Development MIJllll{!8Blent ETl!flnee.rs, LI£ The Developer's Enginoorinlf Advocaw June 16, 2010 Mr. Chip Vincent Planning Director City of Renton 1055 South Grady Way Renton, WA 98055 RE: Dear Chip REQUEST FOR PRELIMINARY PLAT EXTENSION TALBOT RIDGE ESTATES PLA"J LUA 08-150 FP ,h NIM MEMBER The Talbot Ridge Estates project is a 22-lot single family residential development located in the SW corner of the intersection of SE 192"" St and 102°• Ave SE. The Preliminary Plat was approved by King County on February 21, 2007. The property is part of the Benson Hill Communijies area which was annexation into the C~ of Renton effective March 1, 2008. The project is in the Final Plat process at the City of Renton awaiting payment of the extensive impact fees which we understand, are due at recording. The current economic downturn makes the timing for house construction uncertain. We believe a delay in impact fee payment is prudent considering that when the actual impacts will come into play and when recovery can be anticipated is unkown. We request that the approval period for the Talbot Ridge Estate plat be extended to February 21 , 2014 in accordance ~h the new state legislation SSB 6544 (copy attached). We anticipate this extension will provide the flexibility needed during these tough economic times to effectively manage the project to final completion. If you have any questions, please contact me. I would be happy to meet ~h you. Yours truly, ~l.1;J~~1-J Cliff wl/,m:. PE 1 CC John O'Neil, Talbot Ridge Estates, LLC Jan Illian, Planning 5326 SW Manning Street, Seattle WA 98116 www.sitedme.com (',ell PJ1one; 206 714-7161 Fax: 206 933--1049 email: cliff@sitedme.c.om CERTIFTCATrm; OF ENROLLMENT SUBSTITUTE SENATE BILL 6544 Chapter 79, Laws of 2010 61st Legislature 2010 Regular Session APPROVAL OF PLATS--EXTENSION OF TIME EFFECTIVE DATE: 06/10/10 Passed by the Senate February :6, ?010 YEAS 44 NAYS 0 BRAD OWEN President of the Senate Passed by the House February 28, 2010 YEAS 96 NAYS 0 FRANK CHOPP Speaker of the House of Representatives Approved March 17, 2010, 1:43 p.rr .. CHRISTINE GREGOIRE Governor of the State of Washington CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6544 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN FILED March 17, 2010 Secretary Secretary of State State of Washington SUBSTITUTE SENATE BILL 6544 Passed Legislature -2010 Regular Session State of Washington 61st Legislature 2010 Regular Session By Senate Financial Institutions, Housing & Insurance (originally sponsored by Senators Berkey, Marr, Hobbs, Kilmer, and Tom) READ FIRST TIME 02/05/10. 1 AN ACT Relating to time limitation for approval of plats; amending 2 RCW 58.17.140 and 58.17.170; and providing an expiration date. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 58.17.140 and 1995 c 68 s 1 are each amended to read 5 as follows: 6 Preliminary plats of any proposed subdivision and dedication shall 7 be approved, disapproved, or returned to the applicant for modification 8 or correction within ninety days from date of filing thereof unless the 9 applicant consents to an extension of such time period or the ninety 10 day limitation is extended to include up to twenty-one days as 11 specified under RCW 58.17.095(3): PROVIDED, That if an environmental 12 impact statement is required as provided in RCW 43.21C.030, the ninety 13 day period shall not include the time spent preparing and circulating 14 the environmental impact stat:ement by the local government agency. 15 Final plats and short plats shall be approved, disapproved, or returned 16 to the applicant within thirty days from the date of filing thereof, 17 unless the applicant consents to an extension of such time period. A 18 final plat meeting all requirements of this chapter shall be submitted 19 to the legislative body of Lhe city, town, or county for approval p. 1 SSB 6544.SL 1 within ((-Hc'il'e)) seven years of the date of preliminary plat approval. 2 Nothing contained in this sec~ion shall act to prevent any city, town, 3 or county from adopting by ordinance procedures which would allow 4 extensions of time that may or may not contain additional or altered 5 conditions and requirements. 6 Sec. 2. RCW 58.17.170 and 1981 c 293 s 10 are each amended to read 7 as follows: 8 When the legislative body of the city, town or county finds that 9 the subdivision proposed for final plat approval conforms to all terms 10 of the preliminary plat approval, and that said subdivision meets the 11 requirements of this chapter, other applicable state laws, and any 12 local ordinances adopted under this chapter which were in effect at the 13 time of preliminary plat approval, it shall suitably inscribe and 14 execute its written approval on the face of the plat. The original of 15 said final plat shall be filed for record with the county auditor. One 16 reproducible copy shall be furnished to the city, town or county 17 engineer. One paper copy shall be filed with the county assessor. 18 Paper copies shall be provided to such other agencies as may be 19 required by ordinance. Any lots in a final plat filed for record shall 20 be a valid land use notwithstanding any change in zoning laws for a 21 period of ((-Hc'il'e)) seven years from the date of filing. A subdivision 22 shall be governed by the terms of approval of the final plat, and the 23 statutes, ordinances, and regulations in effect at the time of approval 24 underRCWSS.17.150 (1) and (3) fora period of ((-Hc'il'e)) seven years 25 after final plat approval unless the legislative body finds that a 26 change in conditions creates a serious threat to the public health or 27 safety in the subdivision. 28 NEW SECTION. Sec. 3. Sections 1 and 2 of this act expire December 29 31, 2014. Passed by the Senate February 16, 2010. Passed by the House February 28, 2010. Approved by the Governor March 17, 2010. Filed in Office of Secretary of State March 17, 2010. SSB 6544.SL p. 2 • Denis Law C' . f -~M=ayor _________ l {~'ol!~ll June 17, 2010 Cliff Williams, PE Department of Community and Economic Development Alex Pietsch, Administrator Development Management Engineers, LLC 5326 SW Manning Street Seattle, WA 98116 SUBJECT: Request for Extension of Project's Period of Validity Talbot Ridge Estates/ City of Renton Fil Dear Mr. Williams: This letter is sent in response to your June 16, 2010 request for an extension of the above-referenced project's approved period of validity. State Senate Bill 6544 as mentioned in your letter, extends the period of validity time- frame for approved "preliminary plats." However, it does not extend the period of validity of approved, but not recorded final plats. As you indieated in your letter, this preliminary plat was approved in King County. Following the.annexation to the City of Renton, this same preliminary plat was approved as a final plat (City of Renton file #LUAOS-150) but not recorded due to your failure to pay the impact fees. Therefore, we are unable to extend its period of validity as a final plat. However, our records indicate that the Talbot Ridge Preliminary Plat (KC file #LOSP0007) was approved by the county on February 21, 2007 and would typically expire five (S) years from the date of approval. According to SSB 6544, you are entitled to an additional two (2) years for your approved preliminary plat, therefore, you now have until February 21, 2014 to resubmit your final plat for approval and subsequently file for record with the county auditor. You should be aware this is a one-time only extension and if you have not submitted the final plat by the new expiration date and not filed for record by the Senate Bill sunset date of December 31, 2014, the preliminary plat will also become null and void and will no longer be vested to the King County regulations. Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov , Cliff Williams Page 2 o/2 June 17, 2010 I hope this extension meets your needs and that your project can be completed. You may call Laureen Nicolay at (425) 430-7294 if you have any further questions. C.E. "Chip" Vincent Planning Director cc: John O'Neil -Talbot Ridge Estates, LLC / Owner(s) . City of Renton File N~ Jennifer Henning, Current.Planning Manager Jan Illian, Plan Reviewer EXECUTIVE DEPARTMENT DATE: TO: FROM: SUBJECT: MEMORANDUM February 15, 2010 Carrie Olson, Engineering Specialist -CED (J~indy Moya, Records Management Specialist Returned Recorded Documents: Bill of Sale -#20091021001097 (Talbot Ridge Estates -LUA-08-150) · The attached document has been recorded with King County and is being returned to you. Please forward copies to parties of interest. The original will be retained by the City Clerk's Office. Thank you. Attachment cc: LUA-08-150 h:\cityclerklrecord.s specialist\correspondence & memos -cindylrecorded documentslbill of sale -olson.doc • / Re turn Address: City Clerk ·s Office City of Renton I055 South Grady Way Renton. WA 98055 111111111111111 I II I II 20091021001097 CITY OF RENTON BS 63.00 PAGE-001 OF 002 10/21/2009 12:12 KING COUNTY, IJA .57, Reference-Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): L ,~1-a.::;, R1D9'=-t::5-rA,C.S, ,t__t,_c._ L City ofRenton,aMunicipal Corporation 2. The Gran tor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee. as named above, the following described personal property: WATER SYSTEM: SANITARY SEWER SYSTEM: L.F. of L.F. of L.F. of each of each of each of _____ ·· Gate Valves _____ ·· Gate Valves Fire Hydrant Assemblies Water:Main Water Main Water Main Sewer Main Sewer Main Sewer Main L.F. of L.F. of L.F. of each or each of each of _____ ,. Diameter Manholes _____ --Diameter Manholes _____ ·· Lift Sta.lions STORM DRAINAGE SYSTEM: L.F. of L.F. of L.F. of each of 13 each of Size ~ ~:u1~--'" ~r;'v{ LZ PLP ; Z: 3 each of z;-r_ 11,; Ji./5 c... r. eotle, STREET IMPROVMENTS: (lncludm!':-Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk II,, i/ ~ L.F. Asphalt Pavement: z'33 S, SY or L. F. of STREET LIGHTING:,/ # of Poles---~.,_ ___ _ Storm Main Stom1 Main Stonn Main Storm Inlet/Outlet Storm Catch Basin Manhole /f. :5-it>rM y'qt( Width By this conveyance. Grantor ·will warrrurt and &fend th-: saJ;; hereby made unto Ehe lirnntcc againf>T all and every person oc per..ons, ivhomsoever. lawfn!J 'ctaimin ono claim the same. ·111i!'; c0nvcyancc shall hind the heirs, <e"Xccu1ors. administrator:,;. and assi<>ns forever. 0:\Forms\PBPW\BILLSALE2.D0C\bh Page 1 Notan. Sc:sl 111u!t1 he ""'ithin box Nol:m.· ~al mlli.t be-Wllhin hort: O:\N~n--\PH1 1\\'•IJII .LS,\J .1-:2 l>UC. 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I~ ~" I~ '" ~ 'I' ;~ -"· "' qryplatmailing 06/15/2009 1 10159 SE 192ND PL TALBOT RIDGE ESTATES PL ------------------·~---. -----·----------------- 2 10153 SE 192ND PL TALBOT RIDGE ESTATES PL -----------·-----------------·---·-···-----------·----·----·- 3 10127 SE 192ND PL TALBOT RIDGE ESTATES PL 4 10119 SE 192ND PL TALBOT RIDGE ESTATES PL 5 10113 SE 192ND PL TALBOT RIDGE ESTATES PL 6 10107 SE 192ND PL TALBOT RIDGE ESTATES PL 7 10101 SE 192ND PL TALBOT RIDGE ESTATES PL 8 10025 SE 192ND PL TALBOT RIDGE ESTATES PL 9 10021 SE 192ND PL TALBOT RIDGE ESTATES PL -----------·--------------- 10 10015 SE 192ND PL TALBOT RIDGE ESTATES PL ------------ 11 10014 SE 192ND PL TALBOT RIDGE ESTATES PL 12 10020 SE 192ND PL TALBOT RIDGE ESTATES PL 12 19215 101ST AVE SE TALBOT RIDGE ESTATES PL 13 19209 101STAVE SE TALBOT RIDGE ESTATES PL 14 19210 101ST AVE SE TALBOT RIDGE ESTATES PL 15 19204 101STAVESE TALBOT RIDGE ESTATES PL 15 10106 SE 192ND PL TALBOT RIDGE ESTATES PL -- 16 10112 SE 192ND PL TALBOT RIDGE ESTATES PL -------- 17 10118 SE 192ND PL TALBOT RIDGE ESTATES PL 17 19213 101ST PL SE TALBOT RIDGE ESTATES PL 18 19207 101ST PL SE TALBOT RIDGE ESTATES PL 19 19201 101ST PL SE TALBOT RIDGE ESTATES PL 20 19202 101ST PL SE TALBOT RIDGE ESTATES PL 21 19208 101ST PL SE TALBOT RIDGE ESTATES PL 22 19214 101ST PL SE TALBOT RIDGE ESTATES PL --··----·--·-··--------------- 22 10156 SE 192ND PL TALBOT RIDGE ESTATES PL Page 1 October.7, 2009 Talbot Ridge Estates, LLC. 11711 SE 81h St, Suite 310 Bellevue, WA 98005 City Clerk -Bonnie I. Walton Development Management Engine~rs c/o Cliff Williams 5326 SW Manning Street Seattle, WA 98116 Re: Talbot Ridge Estates Final Plat, File No. LU~150, FP, · ' ~1 Dear Applicant: · At the reg~lar Council meeting of Octooer 5, 2009, the Renton. City Council approved the above-referenced final plat by adopting Resolution No. 4018. A copy of the resolution is enclosed for your files.· If I canprovide additional information or assistance, pleasE! feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure BW:cm cc: Mayor Deriis Law Council Pre.sident Randy Corman Rick Moreno, CEDDevelopment Services 1055 South Grady Way • Renton, Washington 98057 • (425) 43(1-651 O / Fax (425) 43Cl-6516 • rentonwa.gov • October 5, 2009 CED: Arts & Culture Master Plan, Lund Consulting Plat: Talbot Ridge Estates, SE 192nd St, FP-07-150 CAG: 06-097, Addendum #51, Eastside Fiber Consortium Finance: Copier Rental & Maintenance, IKON Office Solutions Budget: Annual, City of Renton Utility: NPDES Penmit, WA Ecology Grant RESOLUTIONS AND ORDINANCES RESOLUTION #4018 Plat: Talbot Ridge Estates, SE 192nd St, FP;J)T-150 rV--0'6150 ORDINANCE #5496 CED: Real Estate Sign Kiosk Pilot Program NEW BUSINESS Transportation: Strander Blvd. Project Financing Renton City Council Minutes Page 298 Community and Economic Development Department recommended approval of a contract in the amount of $25,0DO with Lund Consulting, Inc. for development of the Arts and Culture Master Plan. Refer to Community Services Committee. Development Services Division recommended approval, with conditions, of the Talbot Ridge Estates Final Plat, 22 single-family lots on 4.3 acres located in the vicinity of SE 192nd St. and 102nd Ave. SE. Council concur. (See later this for resolution.) Finance and Information Services Department recommended approval of Addendum #51 to CAG-06-097, Eastside Fiber Consortium agreement, to add the City of Puyallup as a consortium partner. Council concur. Finance and Information Services Department recommended approval of a five- year lease agreement in the amount of $109,613 per year with IKON Office Solutions, Inc. for copier machine rental and maintenance services. Council concur. Finance and Information Services Department recommended a public hearing be set on 10/26/2009 to consider the 2010 Revenue Sources and Preliminary Budget, and a public hearing be set on 11/16/2009 to consider the 2010 Budget. Refer to Committee of the Whole: set public hearing on 10/26/2D09 and 11/16/2D09. Utility Systems Division recommended approval of an agreement in the amount of $50,DOO with the Washington State Department of Ecology for non-matching grant funds to assist with implementing the Phase II Municipal Stormwater National Pollutant Discharge Elimination System {NPDES) permit. Council concur. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. The following resolution was presented for reading and adoption: A resolution of the City of Renton was read approving the Talbot Ridge Estates Final Plat, approximately 4.3 acres located in the vicinity of SE 192nd St. and 102nd Ave. SE. MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading: An ordinance of the City of Renton was read amending Chapter 1, Administration and Enforcement: Chapter 4, City-Wide Property Development Standards: and Chapter 11, Definitions: ofTitle IV (Development Regulations) of City Code, to amend the regulations regarding sign permit fees, sign regulations and the definition of "Sign, Real Estate" by adding definitions for "Real Estate Sign Kiosk" and "Real Estate Sign Kiosk Directional Panel." MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALLAYES. CARRIED. MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL REFER THE ISSUE OF FINANCING FOR STRANDER BLVD. (PROJECT) TO THE COMMITTEE OF THE WHOLE. CARRIED. CITY OF RENTON, WASHINGTON RESOLUTION NO. 4018 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (TALBOT RIDGE ESTATES FINAL PLAT; FILE NO. LUA07-150FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Department of Community and Economic Development; and WHEREAS, after investigation, the Administrator of the Department of Community and Economic Development has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, school grounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above findings are true and correct in all respects. The final plat approved by the Department of Community and Economic Development pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. 4018 (The property, consisting of a;proximately 4.3 acres, is located in the vicinity of the southwest corner at 192" Street and 102"d Avenue SE.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Department of Community and Economic Development dated September 8, 2009. PASSED BY THE CITY COUNCIL this 5th day of October • 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 5th day of October Ap~ved as to form: . c,(. .... , .• , . ~ 2'0:!c..-.....__ Lawrence J. Warren, City Attorney RES:1419:9/14/09:scr Denis Law, Mayor 2 2009. • ' . RESOLUTION NO. 4018 LEGAL DESCRIPTION THE NORTH HALF OF THE NORTWEST QUARTER OF GOVERNMENT LOT 4, SECTION 5, TOWNSHIP 22 NORTH, RANGE 5 EAST, W,M. IN KING COUNTY, WASHINGTON. EXCEPT 192ND STREET AND 102ND AVENUE SOUTHEAST: ALSO EXCEPT THAT PORTION LYING SOUTH OF AN EXISTING FENCE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER 33.66 FEET SOUTH OF THE NORTWEST CORNER THEROF: THENCE SOUTH 00° 22'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER 261.46 FEET TO SAID EXISTING FENCE; THENCE ALONG SAID FENCE SOUTH 88° 28' 15" EAST 215.76 FEET, SOUTH 88° 47'51" EAST 299.07 FEET AND SOUTH 88° 12'26" EAST AND EXTENSION THEREOF 139.20 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER OF GOVERNMENT LOT 4, AND TERMINUS OF SAID LINE. .. RESOLUTI_ON NO •. 4018 r--== "' ~ •. <( . i: .. l!l -ProjE3ct Site S \92ND ST. · ·. i, VICINITY MAP I, .. SE 196TH . • ' October 5, 2009 CED: Arts & Culture Master Plan, Lund Consulting Plat: Talbot Ridge Estates, SE 192nd St, FP-07-150 d>-~,s-o CAG: 06-097, Addendum #51, Eastside Fiber Consortium Finance: Copier Rental & Maintenance, IKON Office Solutions Renton City Council Minutes Page 298 Community and Economic Development Department recommended approval of a contract in the amount of $2S,OOO with Lund Consulting, Inc. for development of the Arts and Culture Master Plan. Refer to Community Services Committee. i Development Services Division recommended approval, with conditions, of the Talbot Ridge Estates Final Plat, 22 single-family lots on 4.3 acres located in the vicinity of SE 192nd St. and 102nd Ave. SE. Council concur. (See later this for resolution.) Finance and Information Services Department recommended approval of Addendum #51 to CAG-06-097, Eastside Fiber Consortium agreement, to add the City of Puyallup as a consortium partner. Council concur. Finance and Information Services Department recommended approval of a five- year lease agreement in the amount of $109,613 per year with IKON Office Solutions, Inc. for copier machine rental and maintenance services. Council concur. Budget: Annual, City of Renton Finance and Information Services Department recommended a public hearing be set on 10/26/2009 to consider the 2010 Revenue Sources and Preliminary Budget, and a public hearing be set on 11/16/2009 to consider the 2010 Budget. Refer to Committee of the Whole: set public hearing on 10/26/2009 and 11/16/2009. Utility: NPDES Permit, WA Utility Systems Division recommended approval of an agreement in the amount Ecology Grant of $50,000 with the Washington State Department of Ecology for non-matching grant funds to assist with implementing the Phase II Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit. Council concur. RESOLUTIONS AND ORDINANCES RESOLUTION #4018 Plat: Talbot Ridge Estates, SE 192nd St, FP-07-150 ORDINANCE #5496 CED: Real Estate Sign Kiosk Pilot Program NEW BUSINESS Transportation: Strander Blvd. Project Financing MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. The following resolution was presented for reading and adoption: A resolution of the City of Renton was read approving the Talbot Ridge Estates Final Plat, approximately 4.3 acres located in the vicinity of SE 192nd St. and 102nd Ave. SE. MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading: An ordinance of the City of Renton was read amending Chapter 1, Administration and Enforcement; Chapter 4, City-Wide Property Development Standards; and Chapter 11, Definitions; of Title IV (Development Regulations) of City Code, to amend the regulations regarding sign permit fees, sign regulations and the definition of "Sign, Real Estate" by adding definitions for "Real Estate Sign Kiosk" and "Real Estate Sign Kiosk Directional Panel." MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL ALLAYES. CARRIED. MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL REFER THE ISSUE OF FINANCING FOR STRANDER BLVD. (PROJECT) TO THE COMMITTEE OF THE WHOLE. CARRIED. • ' C __ -OF RENTON COUNCIL AGENDA LL 1 Al# 7. d. Submitting Data: CED For Agenda of: October 5, 2009 Dept/Div/Board Development Services Division Staff Contact Rick Moreno, X7278 Agenda Status Consent.. ............ X Subject: Talbot Ridge Estates Final Plat Public Hearing .. File No.: LOSP007 FP (King County) Correspondence .. LUA 07-150, FP Ordinance ............. Resolution ............ X Old Business ........ Exhibits: New Business ....... Staff Report, Legal Description, Project Site Map, and Study Sessions ...... Vic~nity Map Information ......... Resolution Recommended Action: Approvals: Council Concur Legal Dept. ........ X Finance Dept.. ... . Other. ............. . Fiscal Impact: Expenditure Required .. . Amount Budgeted ...... . Transfer/ Amendment. ..... . Revenue Generated ........ . Total Proiect Budget Citv Share Total Proiect.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 4.3 acres into 22 single-family residential lots vested to King County standards to include storm facilities, street improvements and street lighting. All water and sewer utilities are provided through Soos Creek Water and Sewer Utility District. This project was initiated through King County. STAFF RECOMMENDATION: Approve the Talbot Ridge Estates Final Plat, LUA07-150, FP, with the following conditions and adopt the resolution. 1. All plat improvements has been either constructed or deferred to the satisfaction of the City staff prior to recording of the plat. 2. All plat fees shall be paid prior to recording the plat. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: John O'Neil Talbot Ridge Estates, LLC Talbot Ridge Estates Final Plat. File: LUA 07-150, FP SW Comer at 192°d St & 102nd Ave SE NW Section 5, Twp. 22 N., 5 Rge. E, W.M. Final Plat for 22 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION The applicant, Talbot Ridge Estates, LLC., filed a request for approval of Talbot Ridge Estates, a 22-lot Final Plat. Staff now makes and enters after having reviewed the record documents in this matter the following: FINDINGS: 1. All appropriate City of Renton personnel reviewed the subject proposal. 2. The new plat is located in NW Section 5, Township. 22 N., Range. 5 E, W.M. The subject site is located at the 100th block of SE 192nd PL 3. The subject site is comprised of a parcel of 4.3 acres. 4. The Preliminary Plat, L05P0007 was approved by the King County Hearing Examiner on January 30, 2007. 5. The site is zoned R-6 (Single Family-6 dwelling units/acre). 6. The Final Plat complies with King County the Zoning and Comprehensive Codes. • • ," As a condition of Final Plat submittal, the following items address the conditions of plat approval from the Hearing Examiner's decision approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. The application has complied with the requirements of the Determination of Non- Significance (DNS) that was issued by the Hearing Examiner on January 12, 2007. The applicant shall comply with the recommendations contained within the Decision by the Hearing Examiner on January 30, 2007 (conditions to follow): As a requirement for Final Plat submittal, the following comments will address the Conditions of Approval from the Hearing Examiner for the above referenced project. 1. Compliance with all platting provisions of Title 19A of the King County Code. This condition has been met through the review and approval of the Final Plat. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. The required signatures will be provided on the Final Plat. The City of Renton's standard dedication/certification has been included on the plat. 3. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. This condition has been met through the platting process. 4. The applicant shall provide the TDR certificate with the submittal of the engineering plans and the final plat. lf the TDR certificate cannot be obtained, the applicant shall redesign the number of lots based upon the allowable density. This will result in the reconfiguration and loss of lots. The Preliminary Plat approval included developing 27 lots. The number of lots has been reduced to 22 which meet the standard zoning requirements. Therefore, this development does not utilize the Transfer of Development Rights option. There is no TDR certificate to provide. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). This condition has been met by the completion of construction as shown on the approved engineering plans and design revisions approved by the City of Renton. 6. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17 .08 of the King County Code. This condition has been met by the completion of construction of the proposed water facilities as shown on the approved water plans and acceptance of the City Fire Marshal. 7. Final Plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. ODES approval of the drainage and roadway plans is required prior to any construction. r ,' b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. These conditions have been met through the review and approval process of the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." As amended and agreed upon by Development Services Division, a revised City of Renton version of this note has been included on the Final Plat. d. The storm water facilities for this site shall be designed to meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the 2005 King County Surface Water Design Manual (KCSWDM). A Surface Water Drainage Adjustment (L05V0061) is approved for this site. All conditions of approval for this adjustment shall be met prior to approval of the engineering plans. These conditions have been met through the review and approval process of the engineering plans. e. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. This development has been approved with the understanding that the allowable impervious area of each Jot will be specifically restricted to satisfy the Best Management Practices requirements. A covenant and table listing the maximum allowable impervious area for each Jot has been shown on the Final Plat. f. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the road, onsite grading and compaction, drainage detention vault, and any required retaining walls. The geotechnical recommendations shall be included in the TIR and incorporated into the design with submittal of the engineering plans. These conditions have been met through the review and approval process of the engineering plans. 8. Special geotechnical construction inspection of the road improvements, onsite grading and compaction, drainage detention vault, and any required retaining walls is required to ensure compliance with the geotechnical recommendations. Daily inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. Notes requiring the above shall be shown on the engineering plans. This condition has been met by action taken by the developer and his geotechnical engineer. Following the completion of construction of the site's improvements the Final Construction Report will be provided. The required notes have been included on the engineering plans. 9. Geotechnical engineer review of the future home foundation construction is required. Notes to this effect shall be shown on the engineering plans and the final plat. The required note has been included on the approved engineering plans and Final Plat. 10. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a mm1mum to the urban sub-access street standard, with a cul-de-sac at the west end. This condition shall be met by the completion of construction as shown on the approved engineering plans. b. FRONTAGE: The frontage along 102nd Ave SE shall be improved at a minimum to the urban neighborhood collector street standard (west side). The design shall require compliance with Section 4.0l(f) of the KCRS; asphalt overlay when widening. This condition has been met by the completion of construction as shown on the approved engineering plans. c. FRONTAGE: The frontage along SE 192nd Street shall be widened and lowered, as approved by DDES and in compliance with the conditions of approval for Road Variance L05V0066. The frontage shall be widened to the urban neighborhood collector standard on the south side. The road lowering is required to improve the entering and stopping sight distance at the SE 192nd Street/102nd Ave SE intersection. Details of this improvement shall be shown on the engineering plans and routed to KCDOT for approval. This condition has been met by the completion of construction as shown on the approved engineering plans. d. The proposed private access tract and joint use driveways shall comply with Sections 2.09 and 3.01 of the KCRS, unless otherwise approved by DDES. These tracts shall be owned and maintained by the lot owners served. Notes to this effect shall be showed on the engineering plans and the final plat. The improvements for these tracts have been designed to comply with the required standards. Appropriate notes assigning ownership and maintenance have been included on the Final Plat. e. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. This condition has been met by the completion of construction as shown on the approved engineering plans and a subsequent design revision approved by the City of Renton. The approved revised design matches grade of the existing road and provide a 2% cross slope with curb, gutter and sidewalk on the south side of the road and extruded curb on the north side of the road. 11. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. This condition has been met by action taken by the developer and the City of Renton. 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 13. As a result of the annexation of this project into the City of Renton all fees are required and will be paid prior to Final Plat approval. '' 14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. The property is within the Kent School District. A 50% impact fee due at recording and final 50% due when the building permit is issued shall be collected. 15. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. The required note has been included on the Final Plat. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC ZlA.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. The required plans have been submitted and approved by King County and provide for the necessary requirement. The approved landscape plans have been included with the submittal of the Final Plat. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. The recreation space improvements have been completed therefore a performance bond is not required for recording the plat. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). The Talbot Ridge Estates Homeowners Association is incoroorated under the Secretary of State's Certification. A copy of the Covenants. Conditions and Restrictions for the homeowners association has been included with the submittal for Final Plat and will be recorded concurrently. 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC ZlA.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. These conditions have been met through the review and approval process of the landscape plans for this project. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The required note has been included on the Final Plat. e. The species of trees shall be approved by DDES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. These conditions have been met through the review and approval process of the landscape plans for this project. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Condition has been met through the review and approval process of the landscape plans for the project. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 192nd Street and/or 102nd Avenue SE are on a bus route. If SE 192nd Street and/or 102nd A venue SE are a bus route, the street tree plan shall also be reviewed by Metro. These conditions have been met through the review and approval process of the engineering plans. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after ODES has completed a second inspection and determined that the trees have been kept healthy and thriving. Street trees have been installed. The City of Renton will complete all inspections. 1. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. The landscaping has been installed. 19. To implement S0-220 pursuant to former KCC 21A.38.230, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention and engineering plans shall be consistent with the requirements of S0-220. No clearing of the site is permitted until the tree retention plan is approved by DDES. Flagging and temporary fencing of trees to be retained shall be provided, consistent with S0-220. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited with the fenced areas around preserved trees, except as may be permitted under the provisions of S0-220. These conditions have been met by action taken by the developer. A note shall be placed on the Final Plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with KCC 21A.38.230(B)(6). The tree retention plan shall be included as part of the final engineering plans for the subject plat. The tree retention does not show any trees to be retained on individual lots. The note is not necessary and has not been shown on the plat. 20. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources. hnmediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present. The developer compiled with this condition. No archaeological objects were uncovered. 21. The subdivision shall conform to KCC 16.82 relating to grading on private property. Not Applicable. 22. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Not Applicable. 23. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but not limited to the following: a. Forest Practice Permit from the Washington State Department of Natural Resources. b. National Pollutant Discharge Elimination System (NPDES) Permit from WSDOE. c. Water Quality Certification (401) Permit from the US Army Corps of Engineers. The Developer obtained an NPDES Construction Storm Water General Permit from WSDOE. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council to approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED TIDS 1'1 DAY OF September, 2009 . Kayren Kittrick LUA-07-016-FP .,:t-B~ DEVELOPMENT SERVICES DIVISION DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 11, 2009 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Rick Moreno, x 7278 ~.,,._,,-,'-- TALBOT RIDGE ESTATES FINAL PLAT LUA 07 -150 FP SW CORNER @192No STREET 1102ND AVE SE FINAL REVIEW & APPROVAL FORM Enclosed are the latest corrections to the final plat per your previous memo. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thank you. Approval: Approval: ~~k,q ate cc: Yellow File • DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM June 11, 2009 Rick Moreno Sonja J. Fesser ~ Talbot Ridge Estates, LUA-08-150-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following add.itional comment: Comments for the Applicant: See the attachment for a circled portion of the "CITY OF RENTON APPROVALS" block that needs to be removed. As a final plat, the surveyor's stamp must be signed pursuant to WAC 196-23-020, or the document must be stamped as "PRELIMINARY". \H:\File Sys\LND -Land Subdivision & Surveying Rccords\LND-10 -Plats\0474\RV090608.doc >VERNMENT LOT 4, SECTION 5, NCE, DESCRIBED AS FOLLOWS: ,T QUARTER 33.66 FEET SOUTH OF WEST ALONG THE WEST LINE OF JCE; THENCE ALONG SAID FENCE 99.07 FEET AND SOUTH 88'12'26" E OF SAID NORTHWEST QUARTER TION :SIGNED OWNERS IN FEE SIMPLE OF ) DEDICATE TO THE USE OF THE AND THE USE THEREOF FOR ALL sECESSARY SLOPES FOR CUTS AND THE ORIGINAL REASONABLE D FURTHER DEDICATE TO THE USE 'OR ALL PUBLIC PURPOSES AS ; AND DRAINAGE. AND UTILITIES FOR THE BENEFIT HEREBY CONVEYED UPON THE 18, 19, 20, 21 AND 22. l OWNERSHIP INTEREST IN TRACT A NTENANCE OF SAID TRACT. ; AND UTILITIES FOR THE BENEFIT ' CONVEYED UPON THE RECORDING l 15. OWNERSHIP OF SAID LOTS TRACT B, AND AN EQUAL AND RACT. lT RIDGE ESTATES HOMEOWNERS' ~ PRIVATE RECREATION AND STORM IP AND MAINTENANCE OF SAID ICATED TO THE CITY OF RENTON FOR PUBLIC STORM DRAINAGE FACILITIES 11\LDVl l\llJ u .LI Du .l .n .l .LIU A PORTION or: CiOV'T LOT ·"· -~E NW 1/4 OF THE NW 1/4), SECTION 5. -=w~1SHIP 22 'ceTH, RANGE 5 EAST, W.M., CITY ,::;::-::;,i::NTON, i< :,;G COUNTY, WASHINGTON CITY OF RENTON APPROVALS CITY OF REN To{. Cl IF111EiF S !!151tl'l!N£ii}ua, ,c WORKS DEPARTMENT EXAMINED AND APPROVED n,:s _ DAY OF -------------2009. CITY OF RENTON ADMINISTi<A :OR, DEPARTMENT OF PUBLIC WORKS CITY OF RENTON MAYOR EXAMINED ANO APPROVED -c,5 __ DAY OF --· MAYOR CITY OF REN,ON ATTEST: THIS -··--DA' ~f ---------CITY CLERK ACKNOWLEDGMENTS STA TE OF WASHINGTON ) )SS __ ) COUNTY OF __ _ _ 2009. , 2009. I CERTIFY THAT I KNOW OR HAVE SATISFACTO~·, EV''::ENCE THAT IS THE PERSON THAT APPEARED BEFORE ME. M-:8 SA;O PERS0t. ACKNOWLEbGED THAT HE/SHE SIGNED THIS INSTRUMENT; ON OATH STATED '-<r r!t/Sr<E WAS AIJTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS THE ___ OF TALBOT RIDGE ESTATES LLC, A WASHINGTON LIMITED c1Ae:c:;-y COM"ANY. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PUR"OSES MENTIONED IN THE INSTIRUMENT. DATED:----------• 2009. NAME:--·---·---·---·---------··· - PRINTED NOTARY PUBLIC IN AND FOR THE <;TA TF OF WASHINGTON CITY I HEREB ASSESS, CONTM THIS IANC K1N1 I HERE SPECIA ASSES: CONTA THIS MANA DEJ EXAM Kl~G PARC ·' •. • . I -·-' ! -/ .. ! I I /'· " - I A_ '·· " " ----- ' -- \ ) " I ' ___ J s ~ ~ :::s -,u -... ..... <::) ...... • t 1 NEIGHBORHOOD DETAIL MAP ,.= ±4000' .-. Project Site S 192ND ST S 14 "' ' 202ND ST ~i <' Cl' z . Sj VICINITY MAP . SE 196IB CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (TALBOT RIDGE ESTATES FINAL PLAT; FILE NO. LUA07-150FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Department of Community and Economic Development; and WHEREAS, after investigation, the Administrator of the Department of Community and Economic Development has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, school grounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above findings are true and correct in all respects. The final plat approved by the Department of Community and Economic Development pertaining to the .following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if f1Jlly set forth 1 .• - < • • • ' ' RESOLUTION NO. __ _ (The property, consisting of ')?.proximately 4.3 acres, is located in the vicinity of the southwest corner at 192" Street and 102"d Avenue SE.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Department of Community and Economic Development dated September 8, 2009. PASSED BY THE CITY COUNCIL this ___ day of ______ _, 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of ______ 2009. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1419:9/14/09:scr 2 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH HALF OF THE NORTWEST QUARTER OF GOVERNMENT LOT 4, SECTION 5, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON. EXCEPT 192ND STREET AND 102ND AVENUE SOUTHEAST: . . ' . ALSO EXCEPT THAT PORTION LYING SOUTH OF AN EXISTING FENCE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER 33.66 FEET SOUTH OF THE NORTWEST CORNER THEROF: THENCE SOUTH oo· 22'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER 261.46 FEET TO SAID EXISTING FENCE; THENCE ALONG SAID FENCE SOUTH 88° 28' 15" EAST 215.76 FEET, SOUTH 88° 47'51" EAST 299.07 FEET AND SOUTH 88° 12'26" EAST AND EXTENSION THEREOF 139.20 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER OF GOVERNMENT LOT 4, AND TERMINUS OF SAID LINE. . . ' -: . "' • • • CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: To: From: September 29, 2009 City Clerk's Office City Of Renton Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Talbot Ridge Estates Final Plat LUA (file) Number: LUA-08-150, FP Cross-References: King Co. File #LOSP0007 AKA's: Project Manager: Rick Moreno Acceptance Date: March 2, 2009 Applicant: Talbot Ridge Estates LLC owner: Same as applicant Contact: Cliff Williams, Development Management Company PID Number: 0522059045 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Subdivision of a 4.3 acre lot for 22-lot plat to Include storm facilities, street improvements and street lighting. All water and sewer utilities through Soos Creek Water and Sewer Utility District. This project was initiated through King County. Location: SE 192nd St & 102nd Ave SE Comments: .·, ., '. ';,-·· ·'\t, ,'i .. .l ,, : ,· ;. -. ). -- ·,. ,< ,-. .1-'.' ~. _I \ ; I I r I. ·_·1 i ./\ i ' ! ) ! 1 I I j ··'l ·, :l '· ·:( ,' ,, . l. t' I I r I I 1· ,l ·~ l d .•. ·f ' : . .t . .i. ,. ·r ~:_ - i I ! . · i i :· ~~·; ··• l: ' 1 . f l i. . I' ' , I • f., I: 1· t', .. .. ' i ;. i i I •i • i. j '··· < I .~, •• ~-~~f )~-~r }f· · ·J-1 ' ' . , -:..--r :,, '!. . . ' ~ ·1 l y )-t~ ;h.i,,-_. .. :{ ~-. --:::\{/ .r '; . ', ~.:;~-~ ~-~.--.. -.;·;_;_ .. _t,y~ . -,.· -~11.·i. '" ... ., 'l-,.},,1' . i. -,: ·:",;_._:_:,· }: .. , ,' \ . . .,_::--. _:,:.· __ ._ .. :'J .-,' ___ )_._~~< - •/. -r •• "·'-_.t,· ~·.:._ \.'.'<,,<f: -~:1;~4 } 1t ,. ;H·if>- ·".:. · ·:.'r1~1i'?,~ t:r,t ,,,:' ·i \:, i' '·': .. ·t~·: ,_,,. L~~t.:..' 1,, .. ::.,·, .. _-~;1:.:·./ .. r··~~J.l-: r ,. ' ,.,v· -· .,. ·'Ii. r. -t .; •·'; •' "'l \ , en y OF RENTON COUNCIL AGENDA BILL Submitting Data: CED Dept/Div/Board Development Services Division Staff Contact Rick Moreno, X7278 Subject: Talbot Ridge Estates Final Plat File No.: L05P007 FP Exhibits: Staff Report, Legal Description, Project Site Map, and Vicinity Map Staff report and recommendation dated Sentember l, 2009 Recommended Action: Council Concur Fiscal Impact: Expenditure Required ... Amount Budgeted ..... Total Project Budget SUMMARY OF ACTION: AI#, For Agenda of: September 21, 2009 Agenda Status Consent. ............. X Public Hearing .. Correspondence .. Ordinance ............. Resolution ............ X Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept.. ....... X Finance Dept. .... . Other. ............. . Transfer/ Amendment. ..... . Revenue Generated ........ . City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 4.3 acres into 22 single-family residential lots vested to King County to include storm facilities, street improvements and street lighting. All water and sewer utilities through Soos Creek Water and Sewer Utility District. This project was initiated through King County. STAFF RECOMMENDATION: Approve the Talbot Ridge Estates Final Plat, L05P007 FP, with the following conditions and adopt the resolution. I. All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to recording of the plat. 2. All plat fees shall be paid prior to recording the plat. , I 11 11 :~:::.-======~~-~~-:;::_==:-: __ -t~~~~)~ • ~ ~ ~ '· ~ ~ " ~ ~ ~ ::5 ~ .,._ .11 .... ~ ...... <::) ~ ~ .....i I I \ I I ' \ ' ,--__ J ' ' ' t~ ' ' I ~~ ' I i t· I ·····~·.•,> ,_., I \ I I I ' ) I I i ·-~-ue I t j{ NEIGHBORHOOD DETAIL MAP ll,==== f"= ±4000' ' SE 1~6TH VICINITY MAP f ' lVERNMENT LOT 4, SECTION 5, NCE, DESCRIBED AS FOLLOWS: ;T QUARTER 33.66 FEET SOUTH OF WEST ALONG THE WEST LINE OF JCE; THENCE ALONG SAID FENCE 99.07 FEET AND SOUTH ss·12'26" E OF SAID NORTHWEST QUARTER TION !SIGNED OWNERS IN FEE SIMPLE OF ) DEDICATE TO THE USE OF THE AND THE USE THEREOF FOR ALL lECESSARY SLOPES FOR CUTS AND THE ORIGINAL REASONABLE D FURTHER DEDICATE TO THE USE 'OR ALL PUBLIC PURPOSES AS ; AND DRAINAGE. AND UTILITIES FOR THE BENEFlT HEREBY CONVEYED UPON THE 18, 19, 20, 21 AND 22. l OWNERSHIP INTEREST IN TRACT A NTENANCE OF SAID TRACT. ; AND UTILITIES FOR THE BENEFIT ' CONVEYED UPON THE RECORDING ) 15. OWNERSHIP OF SAID LOTS TRACT B, AND AN EQUAL AND RACT. lT RIDGE ESTA TES HOMEOWNERS' , PRIVATE RECREATION AND STORM IP AND MAINTENANCE OF SAID ICATED TO THE CITY OF RENTON FOR PUBLIC STORM DRAINAGE FACILITIES ·1·ALtiU l .I:\ l lJ lr r., tul.t\.lDu A PORTIOl\ :;: :.:::/: LO-:. --:: NW 1/4 OF THE NW 1/4), SECTIO~, 5. ->NNSHIP ;::;:: ·,;:;;,TH, RANGE 5 EAST, W.M., c-y ::::-:;:::\ITON, ., ·,::: :::ouNTY, WASHINGTON CITY OF RENTON APPROVALS _CITY OF REN TO\ _ ooif§,i3 __ C WORKS DEPARTMENT EXAMINED AND A"".'lCVEJ 0 ~ S __ OAY OF -·------------• 2009. CITY OF RENTON ADMIN:S-~A 'O'l. DEPARTMENT OF PUBLIC WORKS CITY OF REN TON MAYOP EXAMINED ANS AFPP:,v:::: -~ S __ DAY OF --·--···----------2009. ------··------·-·----------------- MAYOR CITY OF RC::~i Tc~. ATTEST Th:S Jf..Y :;:------------------· 2009. ---------------------------------- CITY CLERK ACKNOWLEDGMENTS STAIT OF WASHINGTON ) )SS COUNTY OF _______ ) I CERTIFY THAT i K.NOW OR HAVE SAT,SFACTCP' • /Jc~CE -• .,, IS THE PERSON THAT APPEARED BEFORE ME, :.·,.: SA J pc;5,:,.. A~KNOWLEDGED THAT HE/SHE SIGNED THiS INSTRUMENT; ON OATH STATED ·-,--ciS-c: was Ad·HORIZED TO EXECUTE THE INSTRUMENT: AND ACKNOWLEDGED IT AS TriE --------·-· OF TAcBOT RIDGE ESTATES LLC, A WASHINGTON LIMITEJ • Ae. --:O ... "A'.'· •o BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE LJSES A~J P0RP:,S::S -,,NllONED II-. THE INSTRU<,ENT. DATED:----·---~--• 2009. NAME ------·. ____ _ ---------·---· PRINTED NOTARY PUBLIC IN AND FOR THE ST A TE OF WASHINGTON • CITY I HEREB' ASSESS~ CONTAIN THIS __ 'ANCf KINC I HEREE SPECIAi ASSES~ CONT Al THIS _ MANA( DEI EXAMII KING , PARCI .. . . - DATE: TO: FROM: SUBJECT: CITY OF RENTON CED MEMORANDUM June 4, 2009 Corey TALBOT RIDGE ESTATES FINAL PLAT LUA 08-lSOFP VICINITY OF TALBOT RD s & s ss™ ST The above plat is in for final plat review. Please do a final walk through inspection. This project is still Rick M. so please direct your comment to him as I am only filling in while he is out of the office ... Thank you! Ccc Kayren K. l:\memo.doc\cor , ')t .. t_~>',::) ·,.,''~ ... . . May 27, 2009 Core No. 04120 Arneta Henninger City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Talbot Ridge Estates Final Plat LUAOB-150, FP Dear Arneta: Please find attached three copies of the Talbot Ridge Estates final plat, revised in accordance with the April 9, 2009 letter to Cliff Williams from Rick Moreno. Please see my responses to the comments in that letter below. Final Plat Recording Concerns: • Land use number and land record number reference in the upper right corner of the plat. • Addresses and street names added to sheet 4 of 4. • City of Renton Administrator, Department of Public Works signatory has been added. • Owners Dedication/Certification added on Sheet 1 • Private Drainage Easement of Tract B clarified on sheet 4 and note 6 of sheet 2. Declaration of Covenants and Restrictions referenced on Sheet 1 with a location for the recording number to be entered. Construction Concerns Construction is just about complete and moving along smoothly. Asbuilt survey will be completed next week and submittal of the as-built plans will be completed late next week. Fire Prevention Concerns • Fire lane signage is not required on the main road since the width is 28 feet at it's minimum. • The ladder comment has been clarified by Corey Thomas in his April 14, 2009 email where he states that "The 5-feet setbacks are sufficient." • The hydrants are equipped with 5-inch Storz fittings and already approved by Corey in his April 14, 2009 email. • Fees shall be paid prior to final plat recording. AS-BUILT Concerns As-built plans will be submitted next week. Declaration of Covenants, Conditions, and Restrictions 04I20ltr07' Final Plat Response.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON CED MEMORANDUM June 3, 2009 Sonja Ameta Henninger X7298 ~ ~ • TALBOT RIDGE ESTATES FINAL PLAT The engineer has resubmitted the attached final plat prints. Please review and comment. This is still Rick M. project; I am just filling in on this project while he is out of the office. Thank you! Cc: Kayren K. RickM. l:\rnerno.doc\cor DATE: 06/05/09 CORE PROJECT NO: REFERENCE: TO: City of Renton FROM: ATTN: Rick Moreno SENDING VIA: • 14711 NE 29Th Place. Suite IOI Bellevue. Washington 98007 • Ph 425.885.7877 Fx 425.885.7963 • www.coredesigninc.com 04120 Talbot Ridge Estates As-built plans Rob Stevens ADDRESS: 1055 South Grady Way Renton, WA 98055 0 MAIL O PICK-UP 0 HAND DELIVER [gJ COURIER 01-HR O 2-HR QTY DATED DESCRIPTION 1 06/05/09 Talbot Ridge Estates Asbuilt plan check set 0 CITY OF RENTON t::A-: •. --&....IVt=.LJ JUN 08 2009 au,, nll\lt:l n1111-·-. TRANSMITTED: 0 FOR YOUR USE 0 PER YOUR REQUEST ACTION REQUIRED: 0 PROCESSING 0 REPLY 0 RETURN COMMENTS: Rick, Arneta asked for 1 set of asbuilt plans for review. Please call if BY: CC: [gJ 4-HR 0 OVERNIGHT . •vv/S/1\/Q !'l• , Rnm - , ... l!li lt'J ('1 •, f' ---Ni:,fM,}!. o :1 w -·v 0 INFORMATION ONLY 0NONE May 27, 2009 Core No. 04120 Arneta Henninger City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Talbot Ridge Estates Final Plat LUAOS-150, FP Dear Arneta: Please find attached three copies of the Talbot Ridge Estates final plat, revised in accordance with the April 9, 2009 letter to Cliff Williams from Rick Moreno. Please see my responses to the comments in that letter below. Final Plat Recording Concerns: • Land use number and land record number reference in the upper right corner of the plat. • Addresses and street names added to sheet 4 of 4. • City of Renton Administrator, Department of Public Works signatory has been added. • Owners Dedication/Certification added on Sheet 1 • Private Drainage Easement of Tract B clarified on sheet 4 and note 6 of sheet 2. Declaration of Covenants and Restrictions referenced on Sheet 1 with a location for the recording number to be entered. Construction Concerns Construction is just about complete and moving along smoothly. Asbuilt survey will be completed next week and submittal of the as-built plans will be completed late next week. Fire Prevention Concerns • Fire lane signage is not required on the main road since the width is 28 feet at it's minimum. • The ladder comment has been clarified by Corey Thomas in his April 14, 2009 email where he states that "The 5-feet setbacks are sufficient." • The hydrants are equipped with 5-inch Storz fittings and already approved by Corey in his April 14, 2009 email. • Fees shall be paid prior to final plat recording. AS-BUILT Concerns As-built plans will be submitted next week. Declaration of Covenants, Conditions, and Restrictions 04120ltrOT Final Plat Response.doc • Final Plat Reviewer page 2 The revised CCR's were submitted to Rick Moreno on May 12, 2009. An additional copy is attached to this submittal for convenience. Fees The applicant will pay the Fire Mitigation Fee and Transportation Mitigation Fee prior to final plat recording. Please see the attached letter dated April 27, 2009 contesting the Parks Mitigation Fee. General Please also find attached the neighborhood detail map and lot layout for the project on 8 'h" by 11" paper. Also find enclosed a neighborhood detail map and lot layout on 8 1h by 11 as requested. Also for your convenience, we are enclosing a letter dated October 27, 2008 which was submitted to the city with the first final plat submittal detailing how all of the plat condition have been met. Also enclosed is an updated copy of the Declaration of Covenants, Condition and Restrictions and the original Hearing Examiners Decision. I trust this addresses your comments. Please don't hesitate to call me if you have any questions. Rob Stevens, P.E. Principal/Sr. Project Engineer. 04120ltr07' Final Plat Response.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON CED MEMORANDUM June 4, 2009 Jane. Amela Henninger X7298 TALBOT RIDGE ESTATES FINAL PLAT LUAOS-150 The above project has resubmitted the attached print. Please review and comment. This is still Rick M. project; I am just covering while he is out of the office. Please direct your comments to Rick. Thank you! Cc: Ka}Ten K. RickM. } l:\memo.doc\cor -; DATE: TO: FROM: SUBJECT: CITY OF RENTON CED MEl\10RANDUM June 4, 2009 Corey Arnera "'""'"gcr X7298 Ji<-~ TALBOT RIDGE ESTATES FINAL PLAT LUA 08-ISOFP VICINITY OF TALBOT RDS & S 55TH ST The above plat is in for final plat review. Please do a final walk through inspection. This project is still Rick M. so please direct your comment to him as I am only filling in while he is out of the office ... Thank you! Cc: Kayren K. l:\memo.doc\cor May 27, 2009 Core No. 04120 Arneta Henninger City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Talbot Ridge Estates Final Plat LUAOS-150, FP Dear Arneta: Please find attached three copies of the Talbot Ridge Estates final plat, revised in accordance with the April 9, 2009 letter to Cliff Williams from Rick Moreno. Please see my responses to the comments in that letter below. Final Plat Recording Concerns: • Land use number and land record number reference in the upper right corner of the plat • Addresses and street names added to sheet 4 of 4. • City of Renton Administrator. Department of Public Works signatory has been added. • Owners Dedication/Certification added on Sheet 1 • Private Drainage Easement of Tract B clarified on sheet 4 and note 6 of sheet 2. Declaration of Covenants and Restrictrons referenced on Sheet 1 with a location for the recording number to be entered. Construction Concerns Construction is just about complete and moving along smoothly. Asbuilt survey will be completed next week and submittal of the as-built plans will be completed late next week. Fire Prevention Concerns • Fire lane signage is not required on the main road since the width is 28 feet at it's minimum. • The ladder comment has been clarified by Corey Thomas in his April 14, 2009 email where he states that "The 5-feet setbacks are sufficient." • The hydrants are equipped with 5-inch Storz fittings and already approved by Corey in his April 14, 2009 email. • Fees shall be paid prior to final plat recording. AS-BUILT Concerns As-built plans will be submitted next week Declaration of Covenants, Conditions, and Restrictions 04I20ltr0T final Plat Response.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON CED MEMORANDUM June 4, 2009 Jan C. Ameta Henninger X7298 TALBOT RIDGE ESTATES FINAL PLAT LUA08-150 The above project has resubmitted the attached print. Please review and comment. This is still Rick M. project; I am just covering while he is out of the office. Please direct your comments to Rick. Thank you! Cc: Kayren K. RickM. l:\memo.doc\cor "--····/ May 27, 2009 Core No. 04120 Arneta Henninger City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Talbot Ridge Estates Final Plat LUAOB-150, FP Dear Arneta: Please find attached three copies of the Talbot Ridge Estates final plat, revised in accordance with the April 9, 2009 letter to Cliff Williams from Rick Moreno. Please see my responses to the comments in that letter below. Final Plat Recording Concerns: • Land use number and land record number reference in the upper right corner of the plat. • Addresses and street names added to sheet 4 of 4. • City of Renton Administrator, Department of Public Works signatory has been added. • Owners Dedication/Certification added on Sheet 1 • Private Drainage Easement of Tract B clarified on sheet 4 and note 6 of sheet 2. Declaration of Covenants and Restrictions referenced on Sheet 1 with a location for the recording number to be entered. Construction Concerns Construction is just about complete and moving along smoothly. Asbuilt survey will be completed next week and submittal of the as-built plans will be completed late next week. Fire Prevention Concerns • Fire lane signage is not required on the main road since the width is 28 feet at it's minimum. • The ladder comment has been clarified by Corey Thomas in his April 14, 2009 email where he states that "The 5-feet setbacks are sufficient." • The hydrants are equipped with 5-inch Storz fittings and already approved by Corey in his April 14, 2009 email. • Fees shall be paid prior to final plat recording. AS-BUil T Concerns As-built plans will be submitted next week. Declaration of Covenants. Conditions, and Restrictions 04120ltr07' Final Plat Response.doc Final Plat Reviewer page2 The revised CCR's were submitted to Rick Moreno on May 12, 2009. An additional copy is attached to this submittal for convenience. Fees The applicant will pay the Fire Mitigation Fee and Transportation Mitigation Fee prior to final plat recording. Please see the attached letter dated April 27, 2009 contesting the Parks Mitigation Fee. General Please also find attached the neighborhood detail map and lot layout for the project on 8 Yi" by 11" paper. Also find enclosed a neighborhood detail map and lot layout on 8 Yi by 11 as requested. Also for your convenience, we are enclosing a letter dated October 27, 2008 which was submitted to the city with the first final plat submittal detailing how all of the plat condition have been met. Also enclosed is an updated copy of the Declaration of Covenants, Condition and Restrictions and the original Hearing Examiners Decision. I trust this addresses your comments. Please don't hesitate to call me if you have any questions. Rob Stevens, P.E. Principal/Sr. Project Engineer. 04120[tr07' Final Plat Response.doc Richard Moreno From: Sent: To: Cc: Subject: rhs@coredesigninc.com Friday, May 01, 2009 8:55 AM Richard Moreno; Jan Illian cliff@belmonthomeswa.com condition Attachments: 041201tr06 Final Plat Response.doc Rick and Jill, I understand that you can't find the letter addressing the final plat conditions. Attached please find the original letter that should have been included with the 12/31/08 final plat submittal. Since our submittal, a revision to the 192"' frontage improvements has been approved; thus affecting our response to l'l'IC, The appl'QV8d:, .... This condition will be met by the completion of construction as shown on the approved engineering plans and a subsequent approved field change. The approved design will match grade of the existing road and provide a 2% cross slope with curb, gutter and sidewalk on the south side of the road and extruded curb on the north side of the road. Cliff Williams wanted to further clarify our response to condition 14•tlU8ta;W The property is within the Kent School District. As a result of the annexation of this project into the City of Renton, we understand all fees arc required and will be paid prior to Final Plat approval. However, the developer has requested the City review this policy in light of the housing slow down. It may be several years before a building permit is pulled for the site and the actual impact occurs. Therefore, we believe it would be appropriate to follow the condition of approval as outlined above and allow for a 50% impact fee due at recording and the final 50% due when the building permit is issued. Please call me if you have any further questions, Robert H. Stevens, P.E. Pr'.ncipc:/Sr. 14711 NE '.::Cilh Place, St:!te 101 -., Berlcvue, WA 98007 Tel 425.885.7877 • Fax 425.885.7963 1 October 27, 2008 Core No. 04120 City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98055 Subject: Talbot Ridge Estates Final Plat Attention Final Plat Reviewer: As a requirement for Final Plat submittal, the following comments will address the Conditions of Approval from the Hearing Examiner for the above referenced project. 1. Compliance with all platting provisions of Title 19A of the King County Code. This condition will be met through the review and approval of the Final Plat. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. The required signatures will be provided on the Final Plat. The City of Renton's standard dedication/certification has been included on the plat. 3. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. This condition has been/wi I l be met through the platting process. 4. The applicant shall provide the TDR certificate with the submittal of the engineering plans and the final plat. If the TDR certificate cannot be obtained, the applicant shall redesign the number of lots based upon the allowable density. This will result in the reconfiguration and loss of lots. This development does not utilize the Transfer of Development Rights option. The site plan has been developed to meet the standard zoning requirements. There is no TDR certificate to provide. I 04 I 201trt)() Final Plal Resprnise ( 2.)0·1 l 2t=lllr% f'irrt-;-l'la1 -Rt·'>1'•1·-fh~ Final Plat Reviewer page 2 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). This condition will be met by the completion of construction as shown on the approved engineering plans. 6. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17 .08 of the King County Code. This condition will be met by the completion of construction of the proposed water facilities as shown on the approved water plans and action taken by the developer. 7. Final Plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04 Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. These conditions have been met through the review and approval process of the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # _____ on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be Final Plat Reviewer page 3 constructed at the time of the building permit and shall comply with plans on file." As amended and agreed upon by Kayren Kittric a revised version of this note has been included on the Final Plat. d. The stormwater facilities for this site shall be designed to meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the 2005 King County Surface Water Design Manual (KCSWDM). A Surface Water Drainage Adjustment (L05V0061) is approved for this site. All conditions of approval for this adjustment shall be met prior to approval of the engineering plans. These conditions have been met through the review and approval process of the engineering plans. e. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP' s for site development. This development has been approved with the understanding that the allowable impervious area of each lot will be specifically restricted to satisfy the Best Management Practices requirements. A covenant and table listing the maximum allowable impervious area for each lot has been shown on the Final Plat. 8. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the road, onsite grading and compaction, drainage detention vault, and any required retaining walls. The geotechnical recommendations shall be included in the TIR and incorporated into the design with submittal of the engineering plans. These conditions have been met through the review and approval process of the engineering plans. Final Plat Reviewer page 4 9. Special geotechnical construction inspection of the road improvements, onsite grading and compaction, drainage detention vault, and any required retaining walls is required to ensure compliance with the geotechnical recommendations. Daily inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. Notes requiring the above shall be shown on the engineering plans. This condition has been met by action taken by the developer and his geotechnical engineer. Following the completion of construction of the site's improvements the Final Construction Report will be provided. The required notes have been included on the engineering plans. 10. Geotechnical engineer review of the future home foundation construction is required. Notes to this effect shall be shown on the engineering plans and the final plat. The required note has been included on the approved engineering plans and Final Plat. 11. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard, with a cul-de-sac al the west end. If Road A is improved with only a 24-foot roadway width, then it shall be signed "No Parking" on both sides of the road. b. FRONTAGE: The frontage along 102nd Ave SE shall be improved at a minimum to the urban neighborhood collector street standard (west side). The design shall require compliance with Section 4.0l(f) of the KCRS; asphalt overlay when widening. c. FRONTAGE: The frontage along SE 192nd Street shall be widened and lowered, as approved by DDES and in compliance with the conditions of approval for Road Variance L05V0066. The frontage shall be widened to the urban neighborhood collector standard on the south side. The road lowering is required to improve the entering and stopping sight distance at the SE 192nd Street/102nd Ave SE intersection. Details of this improvement shall be shown on the engineering plans and routed to KCDOT for approval. This condition will be met by the completion of construction as shown on the approved engineering plans. Completion of the regrading of 192"ct Street will be deferred till June 30, 2009. For a point of clarification, the Hearing Examiner's condition is in eJTor. The roadway will be raised and not lowered to improve stopping sight distance. I 04120ltrD6 Final Plat Response (2)f"I 12QltrQ6 f-iA'tl Pf;;! R~··,fll.ttb' Final Plat Reviewer page 5 d. The proposed private access tract and joint use driveways shall comply with Sections 2.09 and 3.01 of the KCRS, unless otherwise approved by DDES. These tracts shall be owned and maintained by the lot owners served. Notes to this effect shall be showed on the engineering plans and the final plat. The improvements for these tracts have been designed to comply with the required standards. Appropriate notes assigning ownership and maintenance have been included on the Final Plat. e. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. No modifications have been proposed. 12. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. This condition will be met by action taken by the developer and the City of Renton. 13. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building pennit application. As a result of the annexation of this project into the City of Renton all fees are required and will be paid prior to Final Plat approval. 14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall he assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. The property is within the Kent School District. As a result of the annexation of this project into the City of Renton all fees are required and will be paid prior to Final Plat approval. Final Plat Reviewer page 6 15. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. The required note has been included on the Final Plat. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. The required plans have been submitted and approved by King County and provide for the necessary requirement. The approved landscape plans have been included with the submittal of the Final Plat. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. The developer will provide the required bond prior to Final Plat approval. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Prior to Final Plat approval the developer will establish the Talbot Ridge Estates Homeowners Association and provide the Secretary of State's Certification of Incorporation. A draft copy of the Covenants, Conditions and Restrictions for the homeowners association has been included with the submittal of the Final Plat. 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shalJ be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. I 04120ltr06 Final Plat Response (2~-~-l-'kH i;:,._ .. ,p,H"ht' Final Plat Reviewer page 7 c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. These conditions have been met through the review and approval process of the landscape plans for this project. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The required note has been included on the Final Plat. e. The species of trees shall be approved by DDES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. These conditions have been met through the review and approval process of the landscape plans for this project. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 192nd Street and/or 102nd Avenue SE are on a bus route. If SE 192nd Street and/or 102nd Avenue SE are a bus route, the street tree plan shall also be reviewed by Metro. These conditions have been met through the review and approval process of the engineering plans. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. lf a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 1. A landscape inspection fee shal I also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. These conditions will be met by action taken by the developer. I 04120ltrD6 Final Plat lfr:spon:,;e ( 2 )O·l l 2QhrQ~ l'iR' .~ P+it-1--J?t,-,f"-·lfl~t' Final Plat Reviewer page 8 19. To implement S0-220 pursuant to former KCC 21A.38.230, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention and engineering plans shall be consistent with the requirements of S0-220. No clearing of the site is permitted until the tree retention plan is approved by ODES. Flagging and temporary fencing of trees to be retained shall be provided, consistent with S0-220. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited with the fenced areas around preserved trees, except as may be permitted under the provisions of S0-220. These conditions have been met by action taken by the developer. A note shall be placed on the Final Plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with KCC 21A.38.230(8)(6). The tree retention plan shall be included as part of the final engineering plans for the subject plat. The tree retention does not show any trees to be retained on individual lots. The note is not necessary and has not been shown on the plat. 20. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources. Immediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present. The developer will comply with this condition in the event that any archaeological objects are uncovered. 21. All future residences constructed within this subdivision are required to be sprinkled NFPA l3D unless the requirement is removed by the King County Fire Marshal or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20-foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement driving surfaces between curbs must be a minimum of 28 feet in width when parking is allowed on one side of the roadway, and at least 36 feet in width when parking is permitted on both sides. Additionally, minimum 20-foot wide driving surfaces must be provided on Tracts A and B, and the driveway serving Lot 11; or residences constructed on Lot 11, and Lots 16 through 19 and 23 through 26 will have to be sprinkled. I 04l2<Jltr06_Final Plat Rcspnn~e 12)P·1J291trQ~ ri1.;,I---F'ri!.t--R6Jl<Hhlc' . . '. I ' Final Plat Reviewer page 9 The roadway has been constructed the necessary 28 feet wide, no parking signs will be installed along one side of the street in order to qualify for the removal of the sprinkler requirement. Tracts A and B has been constructed with a 22-foot wide driving surface. No parking signs will be installed on both sides or the street in order to qualify for the removal of the sprinkler requirement. For clarification purposes, the lot number report in the Hearing Examiner's conditions were based on an earlier 27-lot site plan which is no longer applicable. I trust this will satisfy the City's Final Plat submittal requirements regarding the Hearing Examiner's Conditions of Approval. Sincerely, CORE DESIGN, INC. Stephen Schrei, PLS Senior Project Surveyor I 04 I 20!tr06 Fin.ti Plc1t Resp,inse /2)01 l 2Ql&Q~ l"iAal-P#H-~'if*'ft""'-' DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM September 8, 2009 Larry Warren, City Attorney Rick Moreno Talbot Ridge Estates Final Plat, LUA07-150, FP Agenda Bill and Resolution Attached for your action is a copy of the Agenda Bill and draft Resolution for Talbot Ridge Estates Final Plat. Please prepare the resolution. The proposed date for consideration by the Council is September 21, 2009. A legal description and vicinity map are attached for reference and your use. If I may be of assistance in expediting this request please call me at 430-7278. CC: Kayren Kittrick RM 09-035 Richard Moreno From: Sent: To: Cc: Subject: Attachments: Importance: Cliff Williams [cliff@sitedme.com] Thursday, August 27, 2009 10:10 AM Richard Moreno Carrie Olson; 'John O'Neil' FW: Talbot Ridge Release of Performance Bond TalbotBoS1 .pdf; TalbotBoS2.pdf; TalbotBoS3.pdf High Rick: I understand there may be some confusion on the bond amount estimate I provided. The following should help clarify the estimate: • Storm Drainage Facilities: $342,179 (Includes cost of 74,145 cubic foot detention vault) • Street Improvements: $ 98,016 (excludes street lights which are owned by PSE) • Total $440.195 • 10% Maintenance Bond $44,020 I expect to deliver to you today the assignment of funds for $44,020. Please call if you have further questions. Thanks Cliff Williams, PE Development Management Engineers, LLC 206 714-7161 www.sitedme.com From: Cliff Williams [mailto:cliff@sitedme.com] Sent: Tuesday, August 18, 2009 5:00 PM To: 'Richard Moreno' Cc: 'carrie Olson'; 'John O'Neil' Subject: RE: Talbot Ridge Release of Performance Bond Importance: High Rick: I delivered the original bill of sale forms directly to you at the end of June. You may recall we discussed the fact that we had included the cost of the storm detention vault in our summary. I attached a copy of the executed forms that had been faxed to me. I hope these are sufficient for your needs. If not, please check your records again, possibly you had passed them to the City Clerk's office. Please confirm the amount of the 1-year maintenance bond. It appears it should be $44,020 (10% of $440,195 (Total of Storm and Street Improvements excluding the lntolight street lights will remain under PSE ownership)). Thanks Cliff Williams, PE Development Management Engineers, LLC 206 714-7161 www.sitedme.com From: Richard Moreno [mailto:Rmoreno@Rentonwa.gov] Sent: Tuesday, August 18, 2009 1:23 PM To: Cliff Williams Subject: RE: Talbot Ridge Release of Performance Bond Cliff- After speaking with you this morning, I was puzzled about your request of the received bill of sale. I looked after our conversation to see if I had a copy of a bill of sale in file. I didn't. I then went to Carry Olsen who is our records keeper for recording such documents. She didn't either. I then went through all of my correspondence since last January and • saw no mention of or attachment o _ ill of sale from you. While it is true that Le Maintenance bond should reflect the 10% of the total bill of sale, I have now bill of sale to assess that amount. I have your CCR's, Final Plat Map, Park, Fire and Transportation mitigation correspondence, As-builts, Final walk through approvals and Hearing Examiners report, but I see no Cost Data Inventory or Bill of Sale in hard copy ore file. From: Cliff Williams [mailto:cliff@sitedme.com] Sent: Monday, August 17, 2009 9:26 AM To: Carrie Olson Cc: Richard Moreno Subject: RE: Talbot Ridge Release of Performance Bond Carrie: I have not received the email response you had promised on Friday. Please ensure you are using this email. Thanks Cliff Williams, PE Development Management Engineers, LLC 206 714-7161 www.sitedme.com From: Cliff Williams [mailto:cliff@sitedme.com] Sent: Friday, August 14, 2009 8:44 AM To: 'Rick Moreno (rmoreno@rentonwa.gov)' Cc: ·carrie Olson'; 'John O'Neil' Subject: Talbot Ridge Release of Performance Bond Importance: High Rick: Our Belmont server has been down all week so I don't know if you have responded to our request to release the performance bond for Talbot Ridge. Please use this email address to provide an update. Thanks Cliff Williams, PE Development Management Engineers, LLC 206 714-7161 www.sitedme.com 2 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 11, 2009 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Rick Moreno, x 7278 ~.,,._.~ ~ TALBOT RIDGE ESTATES FINAL PLAT LUA 07 -150 FP SW CORNER @I92ND STREET /102ND A VE SE FINAL REVIEW & APPROVAL FORM Enclosed are the latest corrections to the rinal plat per your previous memo. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thank you. Approval: Approval: cc Ydlow File DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM June 11, 2009 Rick Moreno Sonja J. fesser 'j>f! Talbot Ridge Estates, LUA-08-150-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following additional comment: Comments for the Applicant: See the attachment for a circled portion of the "'CITY OF RENTON APPROVALS" block that needs to be removed. As a final plat, the surveyor's stamp must be signed pursuant to WAC 196-23-020, or the document must be stamped as "PRELIMINARY". \H:\File Sys\LND-Land Subdivision & Surveying Rccnrds\LND-10 -Plats\0474\RV090608.doc IVERNMENT LOT 4, SECTION 5, NCE, DESCRIBED AS FOLLOWS: IT QUARTER 33.66 FEET SOUTH OF WEST ALONG THE WEST LINE OF KE; THENCE ALONG SAID FENCE 99.07 FEET AND S0UT1-I 88'12'26" E OF SAID NORTHWEST QUARTE.R TION !SIGNED OWNERS IN FEE SIMPLE OF J DEDICATE TO THE USE OF THE AND THE USE Tl-lEREOF FOR ALL lECESSARY SLOPES FOR CUTS AND THE ORIGINAL REASONABLE D FURTHER DEDICATE TO Tl-IE USE ·oR ALL PUBLIC PURPOSES AS ; AND DRAINAGE. AND UTILITIES FOR THE BENEFIT HEREBY CONVEYED UPON THE 18, 19, 20, 21 AND 22. I OWNERSHIP INTEREST IN TRACT A NTENANCE OF SAID TRACT. ; AND UTILITIES FOR THE BENEFIT ' CONVEYED UPON THE RECORDING ) 15. OWNERSHIP OF SAID LOTS TRACT B, AND AN EQUAL AND RACT. )T RIDGE ESTATES HOMEOWNERS' , PRIVATE RECREATION AND STORM IP AND MAINTENANCE OF SAID ICATED TO THE CITY OF RENTON FOR PUBLIC STORM DRAINAGE FACILITIES ·1·AL.t5U l 1\llJ lI IJ £..Julfll.l.'..Ju A PORllO~, :,:· :;.~ /T LO- SECTiO," 5, -= >'i":SHIP --::: NW 1/4 OF THE NW 1/4), '.C~TH, RANGE 5 EAST, W.M., '' -' ---·-··11 0N \..,, ... j--'~:\II i .; :,=· JOUNTY, WASHINGTON CITY OF RENTON APPROVALS CITY _ _.c?.F REN~o{ , llllllQ ! ~Gltl'l'!Nf3}0a C WORKS DEPARTMENT EXAMINED AND AP~90VE: -;.... 5 ~-DAY )F 2009. ·---~------- CITY Of' RENTON ADMIN,s~-iro, DEPARTMENT OF PUBLIC WORKS CITY OF RE~TQ~ MAYJP EXAMiNEJ A~D APPO~.~~= __ DAY '.)F _ ·-·----------• 2009. VAYOR CITY OF ~"::}i-;-~.~. AT".tS' -~15 cA' •c ~----------• 2009. CITY CLERK ACKNOWLEDGMENTS STA TIE OF WASHINGTON ) )SS COUNTY OF ---------) I CERTIFY THAT I KNOW OR HAVE SA11SFAC-CO • ·, :::~c:: ~,A' IS THE PERSON THAT APPEARED BEFORE ME, a·,= SA,J oc,5,:,,; ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUMENT; ON OATH STATED .. _,--:: ·s~:: WAS "''"HORIZED TO EXECUTE TfcE INSTRUMENT; ANO ACKNOWLEDGED IT AS 11HE _ __________ _ OF TALBOT RIDGE ESTATES LLC, A WASHINGTON LIMITED ,·,"" -T. :ovoA'·,'. 'C BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES A.',) -c~"'.:)SES ME.NTIONED IN Tl-IE INSTRUMENT DATED: __ _ ~~AM:.. 2009. PRINTED NOTARY PUt,LIC IN AND FOR THE C0TATE OF WASHINGTON crn - I HEREI ASSES! CONT Al THIS ,AN( KIN I HERi SPECI, ASSE~ CONTI 11HIS MAN! DE EXA~ KING PARI DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 11, 2009 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Rick Moreno, x 7278 ~P-"',. TALBOT RIDGE ESTATES FINAL PLAT LUA 07 -150 FP SW CORNER @192ND STREET 1102ND AVE SE FINAL REVIEW & APPROVAL }'ORM Enclosed are the latest corrections to the final plat per your previous memo. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. Thank you. Approval: Approval: cc: Ydlow File . .. ~(,,· Name, Title ''vj . \ \l: _(\_) \ ''~-' I . j I l&~o)_Q._ Name, CJ zyle '-1 tontb > • DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM June 11, 2009 Rick Moreno Sonja J. Fesser f;8! Talbot Ridge Estates, LUA-08-150-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following additional comment: Comments for the Applicant: See the attachment for a circled portion of the "CITY OF RENTON APPROVALS" block that needs to be removed. As a final plat, the surveyor's stamp must be signed pursuant to WAC 196-23-020, or the document must be stamped as "PRELIMINARY'. \H:\File Sys\LND -Land Subdivision & Surveying lkcords\LND-10 -Plats\0474\R V090608.doc . . - ~. G N th t I Geolechnical Engineers. Geologists l!1W fO Up Of we S ' fl_C_• ______ &E_nvir_onm_en_tat S_cie_ntists April 27, 2009 City of Renton c/o Mr. Cliff Williams Belmont Homes, Inc. P.O. Box 2401 Kirkland, Washington 98083-2401 Subject: Storm Drain Recommendations Talbot Ridge Estates SW Corner at SE 192"d ST & 102"d AVE SE King County, Washington Project No. G -1992 Ref: Ductile Iron Pipe Research Association (DIPRA), "Truck Loads on Pipe Buried at Shallow Depths", http://www.dipra.org/pdf/truckLoads.pdf. Dear Mr. Williams: This letter presents our recommendations for Storm drain pipe and required backfill for the storm drain utility crossing under the SE 192"d ST roadway between CB13 and CB14. Statement of Understanding We understand that a storm drain will cross under the SE 192"d ST roadway with 1 foot of cover over the pipe. We have been informed that City of Renton has suggested that a Class 53 pipe be used and that the trench be backfilled with CDF concrete to preclude damage to the pipe by truck traffic under typical H-20 truck loading. Mr. Cliff Williams has asked GEO Group Northwest, Inc., to present our recommendation for required pipe thickness and backfill material based on the industry design document referenced above, as recommended by industry professionals. Utility Recommendations Ductile Iron Pipe We recommend the 12 inch diameter stormwater pipe be a ductile iron pipe having a minimum thickness of 0.24 inches in accordance with table 3 of the referenced document. A standard pressure class 350 pipe, having a 0.28 inch wall thickness, will be sufficient. DIPRA Staff Engineer, Mark Breslin agreed that the 350 pressure class pipe would be sufficient for the subject application and that a Class 53 pipe with a 0.40 inch wall thickness was not necessary. 13240 NE 20th Street, Suite 10 · Bellevue, Washington 98005 Phone 4251649-8757 · Fax 425/649-8758 April 27, 2009 Talbot Ridge -Storm Drain Recommendations Pipe Bedding and Backfill G-1992 Page 2 The pipe should be bedded in granular material, with the remainder of the trench filled with 5/8 inch minus crushed rock compacted to a minimum 95% of Standard Proctor. To achieve full compaction of the fill it is desirable to compact the backfill on either side of the pipe with a jumping-jack compactor prior to compacting the backfill to provide cover over the pipe. To avoid compacting backfill on the sides of the pipe granular pipe bedding such as pea gravel should extend up to at least the centerline of the pipe. Materials used, and compaction achieved during installation should be verified by GEO Group Northwest, Inc., to verify these recommendations have been properly implemented. This design incorporates the followiog_components: 1. Minimum 2.0 factor of safety; 2. 1.5 impact factor for installation; 3. Surcharge loads applied by backfill compaction conducted with a 15 ton Kamatsu 120 excavator mounted with a hoepack vibratory plate compactor; 4. H-20 standard projected truck loading. We look forward to working with you in the construction phase. If you have any questions about this report, or if we can be of further assistance, please call (425) 649- 8757. Sincerely, GEO GROUP NORTHWEST, INC. ~4/4 Andy Wade Geologist ~au-4/, William Chang, P. E. i Principal Attachments: Referenced document. Development Management Engineers, LLC The Developer's Engineering Advocate April 27, 2009 Rick Moreno Engineering Specialist Development Services Division City of Renton 1055 S Grady Way Renton, WA 98055 SUBJECT: Dear Rick: Talbot Ridge Estates Plat, LUAOS-150, FP Parks Mitigation Fee ,h MM MASTI""iiiiiuERS ASSDCIAIIIN M ~ ... "'"""'~' " ;,,~,., 1'l·l1IIJU 1!·C 100 Yem ol Building Community Thank you for your letter of April 9, 2009 regarding comments on the Talbot Ridge Estates Plat and project completion. They include the requirement to pay a $530.76/Lot Parks Mitigation Fee. We request the City review this requirement as we believe the reference to a Parks Mitigation Fee presented in the letter does not apply to this project. As you are aware, this project went through the preliminary plat process prior to annexation to the City of Renton. The King County preliminary plat approval conditions include the requirement for a recreation space per KCC21A. 14. 190. We received design plan approval and completed construction of the 0.95 acre recreation space which includes the detention vault site. The HOA which has been incorporated with CC&R's to be recorded with the final plat, will operate and maintain the park space and equipment. The preliminary plat approval conditions are silent on the requirement for a Parks Mitigation Fee. If you require further information on the installed recreation space, please advise and I will be happy to provide. Otherwise, I look forward to receiving approval of our request to drop the Parks Mitigation fee. Thanks for your consideration. Yours truly, Cliff Williams Cliff Williams, PE Cc: John O'Neil, Talbot Ridge Estates Rob Stevens, Core Design 5326 SW Manning Street, Seattle WA 98116 www.sitedme.com Fax: 206 933·1049 email: cliff@sitedme.com Cell Ph t. --.'-f • April 9, 2009 Cliff Williams Talbot Ridge Estates, LLC 11711 SE 8'" Street, Ste. 310 Bellevue, WA 98005 SUBJECT: Talbot Ridge Estates Plat, LUAOS-150, FP SE 192"a St and 102 Ave SE PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS Dear Mr. Williams: As construction phase project approaches a milestone, your project enters a new phase which I will refer to as project close-out. The purpose of this letter is to highlight the subject areas in the final plat process and review the final plat drawing. All of the items discussed below, need to be completed prior to the Community and Economic Development acceptance for this project. Please use this letter as a project close-out checklist to keep your project moving smoothly through the City procedures. Final Plat Recording Concerns: • Note the City of Renton land use number and land record number, LUA-08-150-FP and LND-10- 0474, respectively on the final short plat submittal (all drawing sheets). • See attached address sheet for the final plat. Note the addition of street names, along with the addresses, on sheet 4 of 4 in the spaces provided. • The City of Renton Administrator. Department of Public Works, is one of the city officials who sign the plat. Note the change in the Administrator's title (sheet I of 4). • Add the word OWNERS' to the title of the "DEDICATION/CERTIFICATION" block on sheet 2 of 4. Said title should read as "OWNERS DEDICATION/CERTIFICATION". • Shonld Tract B included in item No. 6 under the "EASMENT NOTES" block on Sheet 2 of 4? There is no clear indication of where the private drainage easement is located on Tract B (Sheet 4 of 4). Reference the DECLO RATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES on the final plat submittal. If you have any question regarding specific comments on the final plat drawing review, please contact Bob Mac Onie at (425) 430-7369. c..!; ff@ be\ rr-0'0+ ho VV\ es wo.., , C4M RM 09-022 ... Constrnction Concerns: • Continue to work with the City Inspector. Pat Miller, to insure that the project has a final walkthrough and sign-off. This includes any punch list items from the inspector and/or City Maintenance Division. You will want to verify that you have the proper street names on the street name signs (along with completing all street signage) that are required to be installed prior to recording. Please contact Pat Miller at (206) 999-1831, if you have any questions on these construction items. Per City of Renton. all improvements shall be installed or deferred by the Board of Public Works with a security deposit in place, prior to recording the plat. Fire Prevention Concerns: • Fire lane signage shall be required along one side of the road where the road width is 20 to 28 feet wide. Signage shall be placed on the same side in which the hydrants are located. Signage shall be in accordance with section 503 of the 2006 International Fire Code and City of Renton Ordinance 4-408006 A-G. • Ladder access for a 35 foot ladder al a 70 degree angle shall be provided on all four sides of a building, two stories or greater. • Hydrants shall be equipped with 5-inch Storz fittings on the main ports. • Fire mitigation fees shall be $488.00 per single-family unit and shall be paid prior to final plat recording. Please feel free to contact the Assistant Fire Marshal or Fire Marshal if you have any further questions concerning any Fire Prevention issues. AS-BUILT Concerns: The construction permit plan mylars must be checked out from the sixth floor Customer Service Counter and updated with a complete As-built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as AS-BUILT by a licensed surveyor or engineer. The mylars are labeled AS-BUILT in large block letters and stamped by a PE or PLS. Submit a ASCI file along with you AS-BUILT drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all water, sanitary sewer, street lights and storm drainage systems easements, which shall be consistent with the AS-BUILT location of the utility. Once the above have been addressed, submit one set of AS- BUILT blue lines of civil drawings to my office. The inspector will be reviewing the blue lines and if all is in order, I will then call for the civil mylars to be returned. The submitted final mylar set is a requirement for our permanent record. Planning Comments: No Planning concerns have been identified. RM 09-022 J,J -• <'...... 1 ' Declaration of Covenants, Conditions, and Restrictions: • There is no mention of ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s) as mentioned in the conditions of the plat approval except mention of recreation space in the definition of common area. Nor is it clear if there is a definition of a sensitive area tract. If there are no sensitive areas, then addition of the words "open space" to the definition of common area would be sufficient. If there is a sensitive area(s) tract then that term should be added. • Section 14. I should have a paragraph added which states: Notwithstanding the forgoing, this declaration may not be amended to eliminate the requirement to own and maintain recreation, open space and sensitive area tract as required by the approval of subdivision, without the prior approval of the City of Renton. • The applicant shall pay the Fire Mitigation Fee of $488 per each new single-family lot prior to the recording of the final plat. • The applicant shall pay the Transportation Mitigation Fee of $15,790.50 prior to the recording of the final Plat. • The applicant shall pay the Parks mitigation Fee of $530.76 per each new single-family lot prior to the recording of the final plat. General: When you resubmit, please prepare and email directly to me your response letter to the plat conditions. I will start on your report to the City Council. This is also one of the steps required to get the final recording. The conditions and responses need to be full complete sentences. Please include neighborhood detail map and lot layout drawing on 8 Yz'' by 11" with one inch margins to be included in my report to the Council on your final plat. This will be a coordinated effort for all of the above City Divisions, your engineer and surveyor to get your plat to final plat approval. If you have any questions, please contact me at rmoreno@rentonwa.gov or (425) 430-7278. Thank you for your cooperation. Sincerely, Rick Moreno Engineering Specialist CED/Development Service Division Cc Kayren Kittrick RM 09-022 Project Name: Project Address: Contact Person: Permit Number: Project Description: Land Use Type: Method of Calculation: Ja'Residential D Retail D Non-retail Calculation: dd.-'J... Cj.$1.: 2.ID.Sl\ (f'.\.Gf) "-tl " <Jt,c :;;. $ 1s,1qo, so 'Z\O.':>, ,.. .:> Transportation EYfTE Trip Generation Manual, 7'" Edition D Traffic Study D Other (210) SFI/L q-;7 / cG.,.._ Mitigation Fee: j} /$. 7f/{), 50 Calculated by: _,_5'~(,j~*;i.,:.·M~'.........:1,/)~cth\~·1...W.la\v:::::._ ______ Date: Lj Ji fa1D2? I U I I Date of Payment: --------------------------- April 3, 2009 Cliff Williams Talbot Ridge Estates, LLC 11711 SE 8th Street, Ste. 310 Bellevue, WA 98005 SUBJECT: Talbot Ridge Estates Plat, LUAOS-150, FP SE 192"• St and 102 Ave SE PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS Dear Mr. Williams: As construction phase project approaches a milestone, your project enters a new phase which I will refer to as project close-out. The purpose of this letter is to highlight the subject areas in the final plat process and review the final plat drawing. All of the items discussed below, need to be completed prior to the Community and Economic Development acceptance for this project. Please use this letter as a project close-out check list to keep your project moving smoothly through the City procedures. Final Plat Recording Concerns: • Note the City of Renton land use number and land record number, LUA-08-150-FP and LND-10- 0474, respectively on the final short plat submittal (all drawing sheets). • See attached address sheet for the final plat. Note the addition of street names, along with the addresses, on sheet 4 of 4 in the spaces provided. • The City of Renton Administrator. Department of Public Works. is one of the city officials who sign the plat. Note the change in the Administrator's title (sheet 1 of 4). • Add the word OWNERS' to the title of the "DEDICATION/CERTIFICATION" block on sheet 2 of 4. Said title should read as "OWNERS DEDICATION/CERTIFICATION". • Should Tract B included in item No. 6 under the "EASMENT NOTES" block on Sheet 2 of 4? There is no clear indication of where the private drainage easement is located on Tract B (Sheet 4 of4). • Reference the DECLORATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES on the final plat submittal. If you have any question regarding specific comments on the final plat drawing review, please contact Bob Mac Onie at (425) 430-7369. Construction Concerns: Continue to work with the City Inspector, Pat Miller, to insure that the project has a final walkthrough and sign-off. This includes any punch list items from the inspector and/or City maintenance Division. You will want to verify that you have the proper street names on the street name signs (along with completing all street signage) that are required to be installed prior to recording. Please contact Pat Miller at (206) 999-1831, if you have any questions on these construction items. Per City of Renton, all improvements shall be installed or deferred by the Board of Public Works with a security deposit in place, prior to recording the plat. Fire Prevention Concerns: • Fire lane signage shall be required along one side of the road where the road width is 20 to 28 feet wide. Signage shall be placed on the same side in which the hydrants are located. Signage shall be in accordance with section 503 of the 2006 International Fire Code and City of Renton Ordinance 4-408006 A-G. • Ladder access for a 35 foot ladder at a 70 degree angle shall be provided on all four sides of a building, two stories or greater. • Hydrants shall be equipped with 5-inch Storz fittings on the main ports. • Fire mitigation fees shall be $488.00 per single-family unit and shall be paid prior to final plat recording. Please feel free to contact the Assistant Fire Marshal, or Fire Marshal if you have any further questions concerning any Fire Prevention issues. AS-BUILT Concerns: The construction permit plan mylars must be checked out from the sixth floor Customer Service Counter and updated with a complete As-built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as AS-BUILT by a licensed surveyor or engineer. The mylars are labeled AS-BUILT in large block letters and stamped by a PE or PLS. Submit a ASCI file along with you AS- BUILT drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all water, sanitary sewer, street lights and storm drainage systems easements, which shall be consistent with the AS-BUILT location of the utility. Once the above have been addressed, submit one set of AS- BUILT bluelines of civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order, I will then call for the civil mylars to be returned. The submitted final mylar set is a requirement for our permanent record. Planning Comments: No Planning concerns have been identified. Declaration of Covenants. Conditions. and Restrictions: There is no mention of ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s) as mentioned in the conditions of the plat approval except mention of recreation space in the definition of common area. Nor is it clear if there is a definition of a sensitive area tract. If there is no sensitive area, then addition of the words "open space" to the definition of common area would be sufficient. If there is a sensitive area(s) tract then that term should be added. Section 14.1 should have a paragraph added which states: Notwithstanding the forgoing, this declaration may not be amended to eliminate the requirement to own and maintain recreation, open space and sensitive area tract as required by the approval of subdivision, without the prior approval of the City of Renton. The applicant shall pay the Fire Mitigation Fee of $488 per each new single family lot prior to the recording of the final plat. The applicant shall pay the Transportation Mitigation Fee of $15,790.50 prior to the recording of the final Plat. The applicant shall pay the Parks mitigation Fee of $530.76 per each new single family lot prior to the recording of the final plat. General: When you resubmit please prepare and email directly to me your response letter to the plat conditions. I will start on your report to the City Council. This is also one of the steps required to get the final recording. The conditions and responses need to be full complete sentences. Please include neighborhood detail map and lot layout drawing on 8 Jt,'' by 11" with one ince margins to be included in my report to the Council on your final plat. This will be a coordinated effort for all of the above City Divisions, your engineer and surveyor to get your plat to final plat approval. If you have any questions, please contact me at rmoreno@rentonwa.gov or (425) 430-7278. Thank you for your cooperation. Sincerely, Rick Moreno Engineering Specialist CC: Kayren KittricK DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April 2, 2009 Bob Mac Onie. Technical Services Sonja Fesser, Technical Services Rick Moreno, x 7278 r TALBOT RIDGE ESTATES FINAL PLAT ~1MA,1SOFP 3 \!lil)if & 102"d A vc SE FINAL REVIEW & APPROVAL FORM Enclosed are the latest corrections to the final plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. If no, please advise me of outstanding corrections required so that I may prepare a request of correction to the owner. Thank you. Approval: 4~JcG D te Approval: 4/e./o'='l Date cc: Yellow File DATE: TO: FROM: SUBJECT: • PUBLIC WORKS DEPARTMENT MEMORANDUM April 2, 2009 Rick Moreno Sonja J. Fesser }i:::fr Talbot Ridge Estates, LUA-08-150-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-08-150-FP and LND-10-0474, respectively, on the final short plat submittal (all drawing sheets). See the attached address sheet for the final plat. Note the addition of street names, along with the addresses, on Sheet 4 of 4 in the spaces provided. The City of Renton Administrator, Department of Public Works, is one of the city officials who sign this plat. Note the change in the Administrator's title (Sheet l of 4). Add the word OWNERS' to the title of the "DEDICA TJON/CERTIF!CA TION" block on Sheet J of 4. Said title should read as "OWNERS DEDICATION/CERTIFICATION". Should Tract B be included in Item No. 6 under the "EASEMENT NOTES" block on Sheet 2 of 4? There is no clear indication of where the private drainage easement is located on Tract B (Sheet 4 of 4). Reference the DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE EST ATES on the final plat submittal. \H:\File Sys\LND ~ Land Subdivision & Surveying Records\! ,ND~l O -Plats\0474\RV09040} .doc City of~ ,n Department of Community & Economic D pment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 16, 2009 DATE CIRCULATED: MARCH 2, 2009 APPLICANT: Talbot Rid e Estates LLC PLANNER: Rick Moreno PROJECT TITLE: Talbot Rid e Estates Final Plat PLAN REVIEWER: Rocale Timmons SITE AREA: 4.3 acres XISTING BLDG AREA ross : N/A LOCATION: SE 192"' St & 102 00 Ave SE PROPOSED BLDG AREA ross N/A t , I \J 1 WORK ORDER NO: 78007 ~g~~~ARJi, ?!at~rR2'~~~~~~ ~~~t?!~~~~i~ha ia~~{~ffl~1 l~!!~:ns:~i: ~l~(r~/a~~i:~r~j~:~~tr~iri~~~ni~r~cihs~fn~ County. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water L1aht!Gfare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation 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. Signature of Director or Authorized Representative Date • DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 2, 2009 Rick Moreno Sonja J. Fcsser :;pr::f!: Talbot Ridge Estates, LUA-08-150-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-08-150-FP and LND-10-0474, respectively, on the final short plat submittal (all drawing sheets). See the attached address sheet for the final plat. Note the addition of street names, along with the addresses, on Sheet 4 of 4 in the spaces provided. The City of Renton Administrator, Department of Public Works, is one of the city officials who sign this plat. Note the change in the Administrator's title (Sheet 1 of 4). Add the word OWNERS' to the title of the "'DEUlCA TION/CERTIFICATJON" block on Sheet I of 4. Said title should read as "OWNEKS DEDlCATION/CERTlFICATION". Should Tract B be included in Item No. 6 under the "EASEMENT NOTES" block on Sheet 2 of 4? There is no clear indication of where the private drainage easement is located on Tract B (Sheet 4 of 4). Reference the DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES on the final plat submittal. \H:\File Sys\LND -Land Subdrvision & Surveying RGG(mh\l.ND-1 0 -f-llats\0474\RV09040l .doc - City o . ,ton Department of Community & Economic ,topment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 16, 2009 DATE CIRCULATED: MARCH 2, 2009 APPLICANT: Talbot Rid e Estates LLC PLANNER: Rick Moreno PROJECT TITLE: Talbot Rid e Estates Final Plat PLAN REVIEWER: Rocale Timmons SITE AREA: 4.3 acres XISTING BLDG AREA LOCATION: SE 192"' St & 102"' Ave SE ross N/A WORK ORDER NO: 78007 SUMMARY OF PROPOSAL: Subdivision of a 4.:l:'\idrk't;,f\Ili"b9.f:Lt plat to include storm facilities, street improvements and street lighting. All water and sewer utilities through Soflslf!rletam~d Sewer Utility District. This project was initiated through King County. 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 Housinq Air Aesthetics Water LiohVG/are Pfants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RE.LA TED COMMENTS C. CODE-RE.LA TED 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. Signature of Director or Authorized Representative Date City of Renton Inter Office Memo To: From: Date: Subject: Larry Warren, City Attorney Rick Moreno, (x-7278) March 5, 2009 Declaration of Covenants, Conditions, and Restrictions Talbot Ridge Estates, Final Plat LUA-08-150 Please review the attached Declaration as to legal form. This plat will be on the City Council Agenda by mid-April. If I may be of assistance please let me know. CC: Kayren Kittrick Yellow File LUAOS-150 City of on Department of Community & Economic lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: v\an 'W,.,v{ ~I . '. COMMENTS DUE: MARCH 16, 2009 APPLICATION NO: LUAOB-150, FP DATE CIRCULATED: MARCH 2, 2009 APPLICANT: Talbot RidAe Estates LLC PLANNER: Rick Moreno PROJECT TITLE: Talbot RidAe Estates Final Plat PLAN REVIEWER: Rocale Timmons SITE AREA: 4.3 acres EXISTING BLDG AREA lnrossl: N/A LOCATION: SE 192 00 St & 102"' Ave SE PROPOSED BLDG AREA lnrossl N/A I WORK ORDER NO: 78007 SUMMARY OF PROPOSAL: Subdivision of a 4.3 acre lot for 22-lot plat to include storm facilities, street improvements and street lighting. All water and sewer utilities through Soos Creek Water and Sewer Utility District. This project was initiated through King County. A. ENVIRONMENTAL IMPACT (e.g. Non-Code} COMMENTS Element of the Environment Ear1h Air Waler Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Probable Minor Impacts Probable Major Impacts B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS More Information Necessary Element of the Environment Housin Aesthetics Li ht/Glare Recreation Utilities Trans orlation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000Feet Probable Minor Impacts Probable Major Impacts More Information Necessary 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 ne!ded to properly assess this proposal. L ure of Director or Authorized Representa ve Date~ ' , DATE: TO: CC: FROM: SUBJECT: FIRE & EMERGENCY SERVICES DEPARTMENT MEMORANDUM March 4, 2009 Rick Moreno, Plan Reviewer Rocale Timmons, Planner Bill Flora, Deputy Chief/Fire Marshal tJ /_:: LUA08-l 50, FP Talbot Ridge Estates Final Plat Renton Fire & Emergency Services Comments: I. FIRE LANE SIGNAGE: Fire Lane Signage shall be required along one side of the road where the road width is 20 to 28 feet wide. Signage shall be placed on the same side in which the hydrants are located. Signage shall be in accordance with section 503 of the 2006 International Fire Code and City of Renton Ordinance 4-4-80-6 A-G. 2. LADDER ACCESS: Ladder access for a 35 foot ladder at a 70 degree angle shall be provided on all 4 sides of a building 2 stories or greater. 3. REQUIRED HYDRANTS: Hydrants shall be equipped with 5-inch Storz fittings on the main ports. 4. FIRE MITIGATION FEES: Fire mitigation fees shall be $488.00 per single family unit and shall be paid prior to Final Plat recording. Please feel free to contact the Assistant Fire Marshal or the Fire Marshal if you have any further questions or comments regarding this project. Bill Flora Deputy Fire Chief/Fire Marshal 425-430-7061 i:\erc\talbot ridge estates final plat 09 ere comments.doc ' I 'f •. City of. ·-nton Department of Community & Economic _ _ e/opment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'F,'' re_ COMMENTS DUE: MARCH 16, 2009 APPLICATION NO: LUAOS-150, FP DATE CIRCULATED: MARCH 2, 2009 APPLICANT: Talbot Ridae Estates LLC PLANNER: Rick Moreno PROJECT TITLE: Talbot Ridae Estates Final Plat PLAN REVIEWER: Rocale Timmons SITE AREA: 4.3 acres EXISTING BLDG AREA (aross): NIA LOCATION: SE 192"' St & 102"' Ave SE PROPOSED BLDG AREA laross) NIA I WORK ORDER NO: 78007 SUMMARY OF PROPOSAL: Subdivision of a 4.3 acre lot for 22-lot plat to include storm facilities, street improvements and street lighting. All water and sewer utilities through Soos Creek Water and Sewer Utility District. This project was initiated through King County. 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 Transnnrtation Environmental Health Public SeNices 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. acer~~ Signature of Director or Autiiorded epresentat1ve Date ~ CORE ~DESIGN ENGINEERING PLANNING SURVEYING TRANSMITTAL DATE: 3-2-09 TO: City of Renton ATTN: Ken Glasby ADDRESS: Development Services 1055 South Grady Way 6th Floor CORE PROJECT NO: REFERENCE: FROM: SENDING VIA: 0 MAIL O PICK-UP IS] COURIER Core Design, Inc. 14711 N.E. 29th Place, Suite 10 I Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 www.coredesigninc.com 04120 Talbot Ridge Estates Rob Stevens, P.E. 0 HAND DELIVER Renton, WA 98055 01-HR 0 2-HR IS] 4-HR 0 OVERNIGHT QUANTITY DATED DESCRIPTION 3 3-2-09 revised 192nd plans for Talbot Ridge Estates. TRANSMITTED: 0 FOR YOUR USE 0 PER YOUR REQUEST ACTION REQUIRED: D PROCESSING 0 REPLY 0 RETURN COMMENTS: Ken, A E ctiitr~?~ n UAn AR.., ___ U Iii ~UUJ BUILDING DIVISION 0 INFORMATION ONLY 0NONE Please note that the catchbasin from the oringinal design is not warranted any longer and has not been revised. I spoke with Allen Quinn on the 192 catch basin issue and he confirmed that the catchbasin spacing is 300 feet for roads with slopes over 3%. On the original design an interim catchbasin had been placed mid slope to intercept water prior to a downslope driveway. With the removal of the fill (a change of 4 feet), the subject driveway is no longer downslope. The roadway will be delineated by an asphalt thickened edge that will also keep stormwater in the road. The frontage stormwater will continue to be captured and routed to the water quality vault. Please call if you have any questions. CC: Cliff Williams, Dev. Mgmt. Engineers c_· ..,, r March 2, 2009 Cliff Williams Development Management Engineers 5326 SW Manning Street Seattle, WA 98116 Subject: Notice of Complete Application CIT' )F RENTON Department of Community and Economic Development Alex Pietsch, Administrator Talbot Ridge Estates Final Plat, LUAOS-150, FP Dear Mr. Williams: The Planning Division of the City of Renton has detennined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at ( 425) 430-7278 if you have any questions. Sincerely, Project Manager cc: Talbot Ridge Estates LLC / Owner(s) ------,-0-55_S_o_u~th-G_rad_y_W_a_y---Re-n-to_n_, W-as-hin-gt-on~98-0-57-------'--·~ @ This papercontarns 50% recycled material, 30% pos1 consumer AHEAD OF TIIE CURVE ' l: , "II Bob Mahn To: Subject: Kenneth Glasby Talbot Ridge Estates Review of the latest improvement plans (delivered 2/25/2009) for SE 192nd Street have resulted in the comments noted on the plan copies hand delivered_ to you. Roadway pavement restoration for the SE 192nd/102nd Ave SE intersection was discussed at last week's meeting in the field. Approximate limits of the restoration are noted on the plans. BobMahn ~ Transportation Systems Division X-7322 February 26, 2009 LIMITED LIABILITY COMPANY AGREEMENT of TALBOT RIDGE ESTATES LLC PV-NNlNG QE\/~ii~WENTON JAN, 2 2009 RECEIVED THIS LIMITED LIABILITY COMPANY AGREEMENT (the "Agreement") is made and entered into by and between John O'Neil as the Initial Member, and such other Members as may be added pursuant to the terms hereof. 1. NAME AND PLACE OF BUSINESS. The name of the Limited Liability Company ("Company") and the name under which its business shall be conducted is Talbot Ridge Estates LLC. The principal business office of the Company shall be 11711 SE 8'h Street, Suite 310, Bellevue, WA 981005-3543 or such other place or places within the State of Washington as the Members may from time to time designate. The initial agent for service of process located at 1109 First Avenue, Suite 500, WA 98101 shall be Robert G. Sieh. The mailing address of the Company and of the Members shall be the above- stated principal business office. 2. DEFINITIONS. The following terms used in this Agreement shall, when they appear with their initial letters capitalized, have the following meanings. Other terms are as defined in the body of this Agreement. 2.1 "Act" means the Washington Limited Liability Company Act, RCW chapter 25.15, as such Act may be revised from time to time, and including any successor act. 2.2 "Adjusted Capital Account" means a Member's Capital Account, as calculated from time to time, adjusted by adding to amounts in such account the sum of: • the Adjusted Capital Account's share of Minimum Gain, as determined under Regulation Section 1.704-2(9)(1); plus • the amount of the Member's obligation to restore his deficit Capital Account, as determined under Regulation Section 1.704-1 (b)(2)(ii)(b) and (c); and by subtracting from such amounts the sum of the items described in regulation Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6). 2.3 "Capital Account" means the capital account of a Member as defined in Section 7.1. 2.4 "Capital Contribution" means any cash or the fair market value of any property which a Member contributes or has previously contributed to the Company in his or her capacity as a Member reduced by liabilities secured by any contributed property that the Company is considered to assume or take subject to under Code Section 752. 2.5 "Cash Available From Operations"means all cash funds received by the Company (other than funds received as Capital Contributions or the proceeds from any Sale or Disposition of Company properties) which is attributable to cash flow from operations of the Company in excess of amounts which the Members determine are required for the repayment of current liabilities of the Company and required for working capital reserves for the operation of the business of the Company. 2.6 "Cash Available From Sale or Refinancing" means the net cash proceeds resulting from any Sale or Disposition or refinancing of any Company properties, after deduction of all expenses incurred in connection with such Sale or Disposition or refinancing and application of any such proceeds toward the payment of any indebtedness of the Company and the payment of any other expenses or the establishment of any working capital reserves determined by the Members to be necessary for future Company operations. 2.7 "Code" means the Internal Revenue Code of 1986, as amended, and/or corresponding provisions of subsequent revenue laws. 2.8 "Distributions" means any cash or other property distributed to the Members by reason of their Membership Units in the Company. 2.9 "Event of Dlssociation"means only those events described in RCW 25.15.130( 1 )(a) through (i). 2.10 "Manager" or "Managers" means John W. O'Neil and any other person who is elected or admitted thereto as a Manager pursuant to Sectioin 1 O of this Agreement. Reference to a "Manager" 2.11 "Immediate Family" means John O'Neil and Erika O'Neil and his or her lineal descendants and adopted children, and their respective spouses, any trust for the benefit of, or a corporation, partnership or limited liability company at least 80% of the equity of which is owned by one or more Members, and/or their lineal descendants and adopted children, and/or their respective spouses. 2.12 "Interest" means the entire ownership interest of a Member in the Company at any time. 2.13 "Liquidation" means a Company liquidation within the meaning of Regulation Section 1.704-1 (b)(2)(ii)(g). 2.14 "Membership Units" means the Units of Membership Interest established in Section 6.1. 2.15 "Minimum Gain" means the amount determined by computing, with respect to each Nonrecourse Liability of the Company, the amount of gain (of whatever character), if any, that would be realized by the Company if it disposed of (in a taxable transaction) the property subject to such liability in full satisfaction of such liability, and by then aggregating the amounts so computed. Minimum Gain and each Member's share of 2 Company Minimum Gain, as well as any decrease in Company Minimum Gain, shall be determined in a manner consistent with the requirements of Regulations under Code Section 704, including Regulation Section 1.704-2(d) and (g). 2. 16 "Net Income" or "Net Loss" means the taxable income or taxable loss of the Company, as determined for federal income tax purposes, computed by taking into account each item of Company income, gain, loss, deduction or credit not already included in the computation of taxable income and loss. 2.17 "Nonrecourse Liability" means any Company liability (or portion of such liability) for which no Member or related person bears the economic risk of loss under Regulation Section 1. 704-1 (i). 2. 18 "Percentage Interest" means the ratio which the number of Units held by a Member bears to the total number of Units held by all Members. 2.19 "Regulation" or "Regulations" means a Treasury Regulation or Regulations under the Code. 2.20 "Reserves" means, with respect to any fiscal period, funds set aside or amounts allocated during the period for working capital and to pay taxes, insurance, debt service, or other costs or expenses of the Company, as determined by the Members in their fiduciary capacity. 2.21 "Sale or Disposition" means any of the following Company transactions: • sales, exchanges or other dispositions of property outside of the ordinary course of business of the Company (including a foreclosure sale); • receipt of condemnation proceeds; and • recoveries of damage awards and insurance proceeds (other than business or rental interruption insurance proceeds). 2.22 "Substituted Member" means a person who has been admitted as a Member pursuant to Section 11.7. 3. NATURE OF BUSINESS. 3.1 Purpose. The purpose of the Company is to own, develop with residential or commercial improvements, operate, and possibly sell the real property described on the attached Schedule B. 3.2 Authority. To accomplish the purposes of the Company, the Company may engage in any lawful business enterprise allowed under the Act and engage in any activities necessary or proper for carrying out the purposes of the Company. Specifically, the Company has, but is not limited to, the authority to: 3 • purchase, own, lease and sell real and personal property interests; • operate any commercial and/or residential real estate investments; • enter into contracts of any kind related to any Company business or purpose; • borrow and repay funds including loans secured by Company real and/or personal property; • make such other investments, loans, or acquisitions as the Members deem appropriate; • invest and reinvest any of the Company assets or income, whether or not the original purpose for the investment has been accomplished, it being understood that, until the end of the Company term, the investment objectives of the Company are to continue until the Company is dissolved and its affairs wound up; and • do and perform all things necessary for, incidental to, connected with or growing out of such activities. 4. CERTIFICATE. The initial Manager has caused to be executed and filed for record in the office of the Washington Secretary of State a Certificate of Formation pursuant to the provisions of the Act. The Managers shall cause an amendment to the Certificate to be filed whenever any event occurs requiring such an amendment under the Act. In addition, the Managers shall take any other action that may be required or advisable to maintain the Company as a limited liability company existing under the Act. 5. TERM. The Company shall begin as of the date of this Agreement and shall continue in perpetuity unless earlier terminated under the provisions of this Agreement. 6. CAPITAL CONTRIBUTIONS. 6.1 Establishment of Membership Units. The Company shall have one class of Membership interests. Initially, the Company shall issue the number of Membership Units shown on the attached Schedule A. 6.2 By Members. 6.2.1 Initial Capital Contributions. Each Member has made or will make a Capital Contribution to the Company in the amount set forth on Schedule A, which is attached to and incorporated into this Agreement by reference. Receipt of such Capital Contributions is hereby acknowledged. No Member shall be required to make any additional Capital Contributions to the Company. 4 6.2.2 Voluntary Additional Contributions. In addition to making the initial Capital Contributions set forth in Section 6.2.1, the Members may, subject to the consent of the Managers, make Voluntary Additional Capital Contributions. Unless otherwise agreed, any such capital contributions shall be made based on a pro rata basis based upon the number of Membership Units held by the Members. The required consent need not be in writing, and any Voluntary Additional Contributions will be presumed to have been made with the required consent unless there is clear and convincing evidence to the contrary. No new Units will be issued unless the issuance of the new Units is consented to as required by Section 11.8, or all Members contribute on a pro rata basis and the new Units are also issued on a pro rata basis. 6.3 Interest. No Member shall be entitled to receive interest on the Member's Capital Contribution or Capital Account balance. 6.4 Code Section 2703. The Members acknowledge that they have: • considered the application of Code Section 2703; • in that consideration, examined potential valuation methods for Membership Units to be purchased hereunder (including, without limitation, the liquidation and going concern value of the Company); • anticipated changes in the value of the Company; and • analyzed arrangements similar to this Agreement entered into by persons in arms-length, bona fide business transactions in the same line of business as the Company. The Members further acknowledge and intend that the rights and restrictions created hereunder, including, without limitation, Sections 12.3 and 12.4, are not a device to transfer Membership Units to the natural objects of a Member's bounty for less than full and adequate consideration. Accordingly, the Members intend that this Agreement comport with and meet the requirements of Code Section 2703(b) and Regulation Section 25.2703- 1 (b), so that the value of the Membership Units, for purposes of gift, estate and generation skipping transfer taxes, shall be determined with regard to this Agreement. 7. CAPITAL ACCOUNTS. This section shall apply at any time there is more than one Member. 7.1 Separate Capital Accounts. A separate capital account ("Capital Account") shall be maintained for each Member in accordance with the capital account maintenance requirements of Regulation Section 1.704-1 (b)(2)(iv). In accordance with such Regulation: 7.1.1 Each Member's Capital Account shall be increased by: • the Member's Capital Contribution; and 5 • the Member's share of Company Net Income and any income or gain that is exempt from federal income taxation; and 7.1.2 Each Member's Capital Account shall be decreased by: • the dollar amount of Distributions to such Member by the Company; • the Member's share of Net Loss; and • the Member's share of expenditures of the Company which are neither deductible nor properly chargeable to capital account under Code Section 705(a)(2)(8) or are treated as such expenditures under Regulation Section 1. 704-1 (b)(2)(iv)(j). 7.2 In-Kind Distribution. In the event that property of the Company is distributed in kind (or deemed distributed pursuant to the provisions of Code Section 708) by the Company to a Member, the following special rules shall apply: 7.2.1 The Capital Accounts of the Members first shall be adjusted (as provided in Regulation Section 1.704-1 (b)(2)(iv)(e)) to reflect the manner in which the unrealized income, gain, loss and deduction inherent in such property (that has not already been reflected in the Members' Capital Accounts) would be allocated to the Members if there were a taxable disposition of such property for its fair market value on the date of distribution. 7.2.2 The Capital Account of the Member who is receiving the distribution of property from the Company shall be charged with the fair market value of the property at the time of distribution (net of liabilities secured by such property that such Member is considered to assume or take subject to Code Section 752). 7.3 Intent of Provisions. The foregoing provisions are intended to satisfy the Capital Account maintenance requirements of Regulation Section 1. 704-1 (b)(2)(iv) and such provisions shall be deemed automatically to have been amended, retroactive to the date of this Agreement, to the extent necessary to be consistent with such Regulation or any successor provisions of such Regulation. 8. DISTRIBUTIONS. 8.1 Distributions to Other Members. The Managers shall, at the times and in the amounts determined by a majority of the Managers, distribute the Cash Available from Operations to the Members in proportion to their Percentage Interests. 8.2 Distribution of Cash Available From Sale or Refinancing. Except as provided in Section 17, all Cash Available From Sale or Refinancing shall be distributed to the Members in proportion to their Percentage Interests at such times and in such amounts as a majority of the Managers determine would be in the best interests of the 6 Members. Noncash assets, if any, shall be distributed by the Managers on the same basis as cash proceeds would have been distributed if such assets had been sold at their fair market value (after any unrealized gain or loss attributable to such noncash assets has been allocated among the Members under Section 7.2). 8.3 Determination of Working Capital Needs. In determining the amount of distributable cash or property, the Managers shall consider current needs for operating capital, prudent reserves for future operating capital, current investment opportunities, and prudent reserves for future investment opportunities, all in keeping with the purposes of the Company as set forth in Section 3.1. 9. ALLOCATION OF INCOME AND LOSS. This section shall apply at any time there is more than one Member. 9.1 Determination of Net Income and Net Loss. Net Income and Net Loss for all purposes of this Agreement shall be determined in accordance with the accounting method followed by the Company for federal income tax purposes and any adjustments required by Regulation Section 1.701-4(b)(2)(iv). 9.2 Allocation of Net Income and Net Loss From Operations. Subject to Sections 9.5 and 9.6, all Net Income and Net Loss from Operations (other than Net Income and Net Loss from a Sale or Disposition) shall be allocated among the Members as follows: 9.2.1 Allocation of Profits. The Members shall allocate Net Income from Operations among the Members in proportion to their Percentage Interests. 9.2.2 Allocation of Losses. The Members shall allocate net losses for each fiscal year among all the Members in proportion to their Percentage Interests. However, in no event shall net losses be allocated to any Member in an amount that would cause any deficit in his or her Capital Account to exceed his or her allocable share of Minimum Gain pursuant to Section 9.5.1 (or zero if no Minimum Gain exists) until all Capital Accounts of all Members have been reduced to zero. For purposes of determining whether a Member's Capital Account balance would be reduced below a deficit amount equal to the Member's share of Minimum Gain (or zero if no Minimum Gain exists), the Member's Capital Account shall be reduced for those items set forth in paragraphs (4), (5) and (6) of Treasury Regulations Section 1. 704-1 (b )(2)(ii)(d). 9.3 Net Income or Loss From Sale or Disposition. Subject to Sections 9.5 and 9.6, all Net Income or Loss from Sale or Disposition of Company assets shall be allocated among the Members in proportion to their Percentage Interests. 9.4 A/location of Taxable Components of Gain. Without modifying the allocation specified in Section 9.3, the components of Net Income from Sale or Disposition of Company assets which will be taxable as ordinary income pursuant to Code Sections 1245 and 1250 shall be allocated to the Members in proportion to their varying shares (or 7 the shares of their predecessors in interest) of the depreciation or recovery allowance which is subject to recapture as ordinary income. 9.5 Special Allocations. The Members understand and agree that one purpose of the provisions of this Section 9.5 is to insure that none of the Members has a deficit in his or her Capital Account following liquidation of the Company and that all allocations under this Section 9.5 will be respected by the Internal Revenue Service. The Members and the Company do not intend nor expect that any Member will have a deficit in his or her Capital Account following liquidation of the Company and, notwithstanding anything to the contrary in this Agreement, the provisions of this Agreement shall be construed and interpreted to give effect to that intention. 9.5.1 Minimum Gain Chargeback. If there is a net decrease in the Company Minimum Gain during a taxable year of the Company, each Member shall be allocated, before any other allocation is made pursuant to Sections 9.2 through 9.5 for such taxable year, items of income and gain for such year (and, if necessary, subsequent years) in an amount equal to the Member's share of the net decrease in Company Minimum Gain, determined according to Regulation Section 1. 704-2(g)(2). Allocations under the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member under the Regulation. The items to be so allocated shall be determined according to Regulation Section 1.704-2(f). 9.5.2 Limitations on Net Loss Allocations. No allocation under Section 9.2 or 9.3 shall be made to a Member to the extent that such an allocation would cause, or would increase, a deficit balance in such Member's Adjusted Capital Account as of the end of the Company taxable year to which such allocation relates. Any amount which, but for the provisions of the foregoing sentence, would be allocated to a Member shall be allocated among those Members who have positive balances in their Adjusted Capital Accounts as of the end of such year, pro rata to such positive balances until the positive balance of each Members' Adjusted Capital Account has been reduced to zero. 9. 5.3 Compliance with Regulations and Code. It is the intent of the Members that the provisions of this Section 9.5 result in this Agreement containing a "Minimum Gain Chargeback" and a "Qualified Income Offset" within the meaning of Regulation Section 1.704-2(f) and Regulation Section 1.704-1(b)(2)(ii)(d) and that the allocations made in this Agreement otherwise comply with the requirements of the Code and such Regulations. If any provisions of this Agreement, other than Section 17 .3, would result in such not being the case, then, except for Section 17.3, that provision shall be deemed automatically to have been amended, retroactive to the date of this Agreement, such that the provision and this Agreement as a whole are consistent with the requirements of the Code and such Regulations. 9.5.4 Nonrecourse Deductions. Nonrecourse Deductions, as that term is defined in Regulation Section 1.704-2(b)(1), for any Fiscal Year or other period shall be specially allocated among the Members in proportion to their Percentage Interests. Any Member Nonrecourse Deductions, as that term is defined in Regulation Section 1. 704- 2(i)(2), for any Fiscal Year or other period shall be specially allocated to the Member who 8 bears the economic risk of loss with respect to the Member Non recourse Debt to which the Member Nonrecourse Deductions are attributable under Regulation Section 1.704-2(i). 9.5.5 Curative Allocations. Notwithstanding any other provision of this Agreement other than this Section 9.5, the special allocations under Section 9.6.4 shall be taken into account in allocating items of income, gain, loss, and deduction among the Members so that, to the extent possible, the net amount of these special allocations and allocations of other items to each Member shall be equal to the net amount that would have been allocated to each Member if these special allocations had not occurred. For this purpose, allocations under this paragraph shall only be made with respect to special allocations under 9.6.4 to the extent that the Members reasonably determine that they will otherwise be inconsistent with the economic agreement among the Members. Notwithstanding any other provision of this Agreement other than this Section 9.5, the special allocations under Section 9.5.1 and 9.5.4 shall be taken into account in allocating items of income, gain, loss, and deduction among the Members so that, to the extent possible, the net amount of allocations of other items and the special allocations to each Member shall be equal to the net amount that would have been allocated to each such Member if the special allocations had not occurred. For this purpose: 9.5.5.1 No allocations under this paragraph shall be made before the Company Fiscal Year during which there is a net decrease in Member or Company Minimum Gain, and then only to the extent necessary to avoid any potential distortions caused by the net decrease; and 9.5.5.2 Allocations under this paragraph shall be deferred with respect to allocations under this Section 9.5.5 to the extent the Members reasonably determine that the allocations are likely to be offset by later allocations under Section 9.5.1. 9.6 Special Provisions. 9. 6. 1 Installment Sales. If, at the time of a Liquidation, the Company owns installment obligations owed to the Company, then, at the election of the Members, the Company shall not distribute such installment obligations during the time period provided for in Section 17, but shall instead distribute the proceeds realized in respect of such obligations as soon as practicable after receipt of such proceeds, in the order of priority specified in Section 8.2. In such event, Capital Accounts shall be adjusted and gain allocated, both at the time of the Liquidation and at the time proceeds are received, in accordance with the requirements of Regulation Section 1.704-1 (b)(2)(iv)(f). 9.6.2 Adjustments to Reflect Book Value. Notwithstanding any other provision in this Agreement, income, gain, loss and deduction with respect to property which has a variation between its book value computed in accordance with Regulation Section 1. 704-1 (b) and its basis computed for federal income tax purposes shall be shared among Members so as to take account of such variation in a manner consistent with the principles of Code Section 704(c) and Regulation Section 1. 704-1 (b)(2)(iv)(g). Allocations 9 under this section are solely for purposes of federal, state and local taxes and shall not affect, or in any way be taken into account in computing, any Member's Capital Account or share of profits, losses or other items, or distributions under any provisions of this Agreement. 9.6.3 Rea/location to Restore Capital Accounts. To the maximum extent permitted under the Code, allocations of profits and losses shall be modified so that the Members' Capital Accounts reflect the amount they would have received if adjustments required by Section 9.5.1 had not occurred. 9.6.4 Code Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of any Company assets under Code Section 734(b) or Code Section 743(b) is required, under Regulation Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted under the Regulation. 9.6.5 Allocation of Company Nonrecourse Liabilities. Pursuant to Regulation Section 1.752-3(a)(3), the Members shall share "excess" Company Nonrecourse Liabilities as described in such Regulation in proportion to their Percentage Interests. 9.6.6 Allocation Between Transferor and Transferee. The portion of the Company income or losses for any fiscal year of the Company during which Units are transferred by a Member (or by a transferee or successor in interest to a Member), that is allocable in respect of such Units shall be apportioned between the transferor and the transferee of the Units on the basis of actual performance of the Company during the months of the fiscal year that each is the owner of the interest. The Company shall determine the portion of its income or loss attributable to each month of the fiscal year using a one-month convention and employing a reasonable interim closing of the books method. 10. RIGHTS AND DUTIES OF MANAGERS. 10.1 Management and Control. 10.1.1 Except for Major Decisions described in Section 11.1.2, the Managers shall have exclusive management and control of the business of the Company, and all decisions regarding the management and affairs of the Company shall be made by the vote of a majority of the Managers (a "majority vote"). The Managers shall have all the rights and powers of a Manager as provided in the Act and as otherwise provided by law. Except otherwise expressly provided in this Agreement, the Managers are hereby granted the right, power and authority to do on behalf of the Company all things which, in their sole judgment, are necessary, proper or desirable to carry out the aforementioned duties and responsibilities. Decisions regarding the management and operations of the Company, as 10 well as any other determination or consent required of the Manager under this Agreement or applicable law, shall be made by majority vote of the Managers. At any time there is only one manager, the decision of the sole Manager shall constitute a majority vote of the Managers for all purposes under this Agreement. 10.1.2 The Managers may designate one of the Managers to perform the routine tasks of the Company. 10.2 Reimbursement. The Managers shall receive reimbursement for amounts expended in operating the Company. 10.3 Contracts With the Managers or Affiliates. 10.3.1 As long as the terms of the contract are approved by a majority vote of the Managers, a Manager may, on behalf of the Company, enter into contracts with himself or herself. At any time there is only one manager, any contracts with the sole Manager must be approved by a majority vote of the Members. 10.3.2 The validity of any transaction, agreement or payment involving the Company and a Manager otherwise permitted by the terms of this Agreement shall not be affected by reason of the relationship between the Company and the Manager. 10.4 Right of Public to Rely on Authority of a Manager. Any person dealing with the Company or the Manager may rely upon a certificate signed by the Manager as to: • the identity of any Manager or Member; • the existence or nonexistence of any fact or facts which constitute a condition precedent to acts by a Manager or in any other manner germane to the affairs of the Company; • the persons who are authorized to execute and deliver any instrument or document of the Company; or • the act or failure to act by the Company or as to any other matter whatsoever involving the Company or any Member. 10.5 Obligations of the Managers. The Managers shall: 10.5.1 Devote to the Company and apply to the accomplishment of Company purposes so much of their time and attention as in their judgment is reasonably necessary to manage properly the affairs of the Company. However, the Managers are at all times specifically permitted to engage in any other business ventures and activities, including any activities deemed to be in competition with the Company. Any conflict of interest which may result shall be resolved by the Manager involved using his or her best business judgment; 11 10.5.2 Cause the Company to carry out the obligations of the Company; and 10.5.3 Keep or cause to be kept the books and records required by Section 13. 10.6 Fiduciary Duties. The Managers shall manage and control the affairs of the Company to the best of their ability and use their best efforts to carry out the purposes of the Company for the benefit of all the Members. In exercising their powers, the Managers recognize their fiduciary responsibilities to the Company. The Managers shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in their immediate possession and control. The Managers shall not employ, or permit another to employ, such funds or assets in any manner except for the exclusive benefit of the Company. 10. 7 Liability; Indemnification. In carrying out their duties and exercising their powers pursuant to this Agreement, the Managers shall exercise reasonable skill, care and business judgment. Neither the Managers nor any of their agents shall be liable to the Company or to the other Members for any act or omission based upon errors of judgment, negligence, or other fault in connection with the business or affairs of the Company so long as the person against whom liability is asserted acted in good faith on behalf of the Company and in a manner reasonably believed by such person to be within the scope of his or her authority under this Agreement and in the best interests of the Company, but only if such action or failure to act does not constitute gross negligence or willful misconduct. The Company shall indemnify the Managers and their agents to the fullest extent permitted by law and shall save and hold them harmless from and in respect of all: • fees, costs, and expenses incurred in connection with or resulting from any claim, action, or demand against the Managers, the Company or any of the agents of either of them that arise out of or in any way relate to the Company, its properties, business, or affairs; and • such claims, actions and demands any losses or damages resulting from such claims, actions and demands, including amounts paid in settlement or compromise (if recommended by attorneys for the Company) of any such claim, action or demand. This indemnification shall apply only so long as the person against whom a claim, action or demand is asserted has acted in good faith on behalf of the Company or the Managers and in a manner reasonably believed by such person to be within the scope of his or her authority under this Agreement and in the best interests of the Company, but only if such action or failure to act does not constitute gross negligence or willful misconduct. The termination of any action, suit, or proceeding by judgment, order, settlement, or upon a plea of no contest or its equivalent, shall not of itself create a presumption that any person acted with gross negligence or willful misconduct. 10.8 Termination of a Manager. 12 10.8.1 Terminating Event. If a Manager resigns, dies, becomes incapacitated or is removed ("Terminating Event"}, 10.8.1.1 All of the Manager's rights and powers as a Manager shall be terminated, except for any accrued rights to be compensated under Section 10.2; 10.8.1.2 further provided in this Section 10.8; The Manager shall cease to be a Manager, as 10.8.1.3 The remaining Managers, if any, shall have the right to continue the business of the Company; and 10.8.1.4 The Members by majority vote shall select a successor Manager (or Managers if the Members holding a majority of the Membership Units so elect} within 15 days of the Terminating Event. 10.8.2 Resignation of a Manager. The resignation of a Manager is void unless there is at least one other Manager to continue the business of the Company. 10.8.3 Removal of a Manager. A Manager may be removed by the affirmative vote of Members holding two-thirds of the Membership Units held by all Members. Written notice of such determination setting forth the effective date of such removal shall be served upon such Manager and, as of the effective date, shall terminate all of such person's rights and powers as a Manager. In any vote to remove a Manager who is also a Member, the Manager to be removed may vote his or her Membership Units and when voted those Units shall be included in determining whether the vote has the required majority. 10.8.4 /ndemnity. A Manager who suffers a Terminating Event shall be indemnified by the Company from any Company liabilities except to the extent any such liabilities: • arose before the Terminating Event and the Manager is not indemnified for such liabilities under Section 10.7; or • arise after the Terminating Event and result from the negligence or misconduct of the Manager. 10.8.5 Termination of Executory Contracts With Manager or Affiliates. All executory contracts between the Company and a Manager may be terminated by the Company effective upon 60 days prior written notice of such termination to the Manager. The Manager may also terminate and cancel any such executory contract effective upon 60 days prior written notice of such termination and cancellation given to the Company. 13 10.9 Manager as Member. A Manager does not also have to be a Member of the Company. 10.10 Number and Appointment of Managers. There shall be either one Manager or three Managers. John W. O'Neil is the sole initial Manager. At all times there shall be an odd number of Managers to help avoid the possibility of a deadlock in voting by the Managers. Subject to the limitation on the number of Managers contained in this Section 10.10, additional Managers may be appointed at any time by the affirmative vote of Members holding a majority of the Membership Units held by Members. 11. RIGHTS AND DUTIES OF MEMBERS. 11.1 No Participation in Management I Major Decisions. 11. 1. 1 Except for authority specifically granted the members by this Agreement, the Members shall have no right to take part in the control or conduct of the Company's business or the management of the Company. The members have no right or authority to act for or on behalf of, or to otherwise bind, the Company (except for a Member who may also be a Manager and then only in his or her capacity as a Manager within the scope of his or her authority as such under this Agreement). 11.1.2 Major Decisions. The following actions require the consent of the Manager and also the approval of Members holding a majority of the Membership Units (including any Membership Units held by a Manager who is also a Member): • Sale of any Company real or personal property not in the ordinary course of business~ • Borrowing any monies secured by the Company's real property or personal property, or any funds in excess of $_b1 oc~.E"tOP1?_~. with or without security; • Refinancing of any Company debt 11.2 Limited Liability. No Member shall have any personal liability whatever, whether to the Company, to any Member, or to the creditors of the Company, for the debts and obligations of the Company or any of its losses, beyond contributing to the company his or her Capital Contribution (if any). 11.3 Voting Rights. 11.3.1 The Members shall have no right to vote or consent with respect to matters affecting the Company, except as expressly set forth in this Agreement or as provided by law (except for a Member who may also be a Manager and then only in his or her capacity as a Manager within the scope of his or her authority as such under this 14 Agreement). When Members are entitled to vote on a matter, each Member shall have a number of votes equal to the number of Units of Membership Interest (the "Membership Units") held by that Member on the date the vote is taken. Unless a greater percentage vote is required by the Act or by this Agreement, where this Agreement provides for an action or consent of the Members, or other matter to be decided upon by the Members, the action, consent, or other matter shall be decided by the affirmative vote of the holders of at least 51% of the Membership Units held by Members in the Company as of the date of the vote (a "majority vote," or the affirmative vote of the "holders of a majority of the Membership Units then held by Members" or similar words). 11.3.2 Where a husband and wife are listed as a Member on Schedule A: (i) unless otherwise specifically stated, their interest in the Company shall be community property; (ii) the number of Units held by the marital community must be voted as one block of votes; and (iii) the marital community must designate one member of the marital community to vote all of the marital community's Membership Units in matters upon which Members may vote under this Agreement. 11.4 Event of Dissociation. If an Event of Dissociation occurs, the Company shall continue the Company's business unless Members holding a majority of Membership Units elect with 90 days to dissolve the business of the Company and distribute the Company assets in accordance with Section 17; provided however, if the Event of Dissociation is the death of a Member, the Company shall not be dissolved and shall continue operation unless dissolved under Section 17. If an Event of Dissociation occurs and the business of the Company is continued, or upon the transfer of a Member's Units allowed hereunder, the successor to the Units held by the Member shall be treated in all respects as an assignee of such Units, unless admitted as a Substituted Member in accordance with Section 11. 7. 11.5 Withdrawal of Members. The Members shall have no right to withdraw from the Company except with the unanimous written consent of all Members and all Managers. 11.6 Transfer of a Member's Units. Membership Units may be transferred only in the manner described in Section 12. By executing this Agreement, each Member shall be deemed to have consented to any transfer consented to by the holders of a majority of the Membership Units then held by Members. However, the Company, the Managers and the Members shall be entitled to treat the transferor of Units as the absolute owner of the Units in all aspects, and shall incur no liability for Distributions made in good faith to him or her, until such time as a transfer that conforms to the requirements of Section 12 has been accepted by the Members. 11.7 Substituted Member. 11.7.1 The Managers and the Members may, but need not, in their sole discretion, permit an assignee or transferee of Membership Units to be and become a Substituted Member in the Company entitled to all the rights and benefits under this Agreement of the transferor or assignor of such Units. However, no such assignee or 15 transferee shall be or become a Substituted Member unless and until both a majority of the Managers and the Members, by majority vote, consent in writing to the admission of such person as a Substituted Member, which consent may be withheld in the absolute discretion of the individual Managers and Members. The Members hereby consent and agree to such admission of a Substituted Member by the Members. 11.7.2 Notwithstanding Section 11.7.1, if the assignee or transferee of Membership Units is already a Member, such Member shall be deemed admitted as a Substituted Member with respect to such acquired Units. Also, the personal representative for the estate of a deceased Member and/or the trustee /successor trustee of a living trust holding Membership Units shall be deemed admitted as a Substituted Member with respect to the deceased Member's Units, but shall cease to be a Member on the distribution of the Units to the beneficiaries of the estate or trust. 11.7.3 Each Substituted Member, as a condition to his or her admission as a Member, shall execute and acknowledge such instrument, in form and substance satisfactory to the Members, as the Members deem necessary or desirable to effectuate such admission and to confirm the agreement of the Substituted Member to be bound by all the terms and provisions of this Agreement with respect to the Interest acquired. All reasonable expenses, including attorneys' fees, incurred by the Company in this connection shall be borne by such Substituted Member. 11.7.4Any person who is admitted to the Company as a Substituted Member shall be subject to and bound by all the provisions of this Agreement as if originally a party to this Agreement. 11.7.5 Unless and until a transferee of Membership Units becomes a Substituted Member, the transferee shall not be treated as a Member and shall have only those rights described in RCW 25.15.250(2)(a). 11.7.6The effective date of admission of a Substituted Member shall be the date designated by the Members in writing to the Substituted Member, which shall be no later than the first day of the month next following the date upon which the Members have given their written consent to such substitution. 11.8. Admission of Additional Members I Additional Membership Units. Additional Members may be admitted, and additional Membership Units may be issued to existing Members or new Members, upon approval of the terms of admission, or the terms of the issuance of the additional Membership Units, only upon the affirmative vote of Members holding a a majority of the Membership Units held by Members prior to the admission of the proposed new Member(s) or the issuance of the additional Membership Units. From and after the effective date of admission as a Member, the persons so admitted shall be entitled to all rights and privileges of a Member, including, but not limited to, the right to vote as Members as set forth in Section 11.3. 12. TRANSFER OF MEMBERSHIP INTERESTS. 16 12.1 Transfers Prohibited. Unless a majority of the Managers agree in writing, and the Members agree by a majority vote in writing, no Member may directly or indirectly sell, transfer, assign, gift, pledge or otherwise encumber, voluntarily or involuntarily, all or any part of his, her or its Membership Units except as provided in Sections 12.2 and 12.3. In addition to the foregoing, any transfer or encumbrance shall be void unless it meets the following conditions: 12.1.1 The transferee consents in writing in form satisfactory to the Members to be bound by the terms of this Agreement as amended from time to time; 12.1.2 Except as provided in Section 12.2, the holders of a majority of the Membership Units then held by Members consent in writing to the transfer. 12.1.3 The transferring Member and the proposed transferee agree to pay all reasonable expenses, including attorneys' fees, incurred by the Company in connection with the transfer; and 12.1.4 If the Members by majority vote request, an opinion from counsel for the Company is delivered to the Members stating that, in the opinion of counsel, the transfer will not: • jeopardize the status of the Company as a partnership for federal income tax purposes; • cause the Company to terminate as a partnership under Code Section 708; or • violate, or cause the Company to violate, any applicable law or governmental rule or regulation, including, without limitation, any federal or state securities law. 12.2 Transfers Allowed. Provided that the transferee agrees in a writing, in a form satisfactory to the Members, to be bound by all of the terms of this Agreement, as amended from time to time, the terms of Section 12.1 (other than Section 12.1.1) shall not restrict a transfer: 12.2.1 By any Member on account of such Member's death, but only if (i) the transfer is permitted under Section 12.2.2 or (ii) the transfer complies with Section 12.3 and, if such consent would be required, the Members consent to the transfer under Section 12.1.2; 12.2.2 In respect to any individual Member, the transfer or assignment by gift or bequest to such Member's spouse, or members of the Immediate Family; 12.2.3 By way of dissolution or liquidation to the beneficiaries of a trust, or equity owners of a corporation, partnership or limited liability company, that would qualify as a transferee under Section 12.2.2; or 17 12.2.4 By any Member to another Member. If a Member who is not a descendant of John W. O'Neil, and who is the spouse of a member of the Immediate Family, ceases to be a spouse for any reason other than the death of the Member, he or she shall cease to be a Member and the Company shall have the option to acquire his or her Membership Units at the price and on the terms described in Section 12.3. In the event of any transfer pursuant to this Section 12.2, the transferee shall be bound by this Agreement. In no event, however, shall any transfer pursuant to this Section 12.2 relieve the transferor of any of his or her obligations under this Agreement until and unless the transferor is released from those obligations by majority vote in writing of the Members. 12.3 Right of First Refusal. 12.3.1 Notice. Except as permitted by Section 12.2, a Member who involuntarily transfers or voluntarily wishes to transfer all or any part of his Membership Units or whose Units are subjected to a charging order shall give written notice to the Members within 30 days after the relevant event. Any transfer of Membership Units without this notice is void. The notice shall set forth the purchaser's name, the terms on which the Units are to be sold or exchanged, and the price or, in the case of a charging order, the creditor's name, the name of the issuing court and the date of the order. If the interest is to be exchanged for property other than cash, the transferring Member shall place a dollar value on that property and if the interest is transferred without consideration other than as allowed under Section 12.2, the transferring Member shall so advise the Members in the written notice. 12.3.2 Company's Right to Purchase. For 60 days after the notice is given, the Company shall have the right to purchase all of the Member's Units for the price stated in the notice and on the terms stated in the notice; provided however, that if the interest is transferred without consideration, the price shall be 90% of the value of such Membership Units determined as provided immediately below, with the remaining terms as set forth below. However, in no event shall: • the purchase price paid by the Company exceed the purchase price paid by the Company exceed the fair market value of the Membership Units as determined by an appraiser selected by the Managers; • the purchase price be payable in unequal installments or over a period of less than 60 months; • the interest rate exceed the then current applicable federal mid-term rate determined under Code Section 1274(d)(1); or • the Company be required to furnish any down payment, earnest money or security (other than the transferred Units). 18 12.3.3 Members' Right to Purchase. If the Company does not exercise its right to purchase the Units, the Members shall, before the end of the 60-day notice period, notify each Member of the proposed transfer, the Company's election not to exercise its right of first refusal, and the Member's right to purchase under the next sentence. Each Member (other than the transferring Member) shall have the right, within 30 days after the end of the 60-day notice period, to purchase a part of the interest of the transferring Member in the same proportion that the number of Units held by the Member bears to the total number of Units held by all Members who wish to participate in the purchase at the same price and on the same terms as the Company. However, the participating Members may not, in the aggregate, purchase less than all of the transferring Member's Units. 12.3.4 Closing. Closing shall take place no later than the 30th day after the end of the 60-day notice period (if the Company is the purchaser) or the 60th day after the end of the 60-day notice period (if the other Members are the purchasers), unless the purchase offer provides for a later closing date. 12.3.5 Transfer if Right Not Exercised. If neither the Member nor the other Members exercise their rights to purchase the Units, the transferring Member may, within 30 days after the expiration of the 60-day notice period and on the terms and conditions stated in the notice, complete the proposed transfer of the units to the transferee named in the notice. However, if the transfer is voluntary, it shall be subject to the requirements of Section 12.1, including the written consent of the Members. 12.4 Prohibited Transfer. If any Member (the "Defaulting Member") voluntarily, involuntarily or by operation of law, attempts to convey, transfer, sell, or otherwise dispose of or encumber his Membership Units in contravention of the terms of this Agreement, the Company shall have the right to withhold any Distributions to the defaulting Member until such default is cured. The subjection of a Member's Units to a lawful charging order shall also be treated as an event of default. For a four-year period following any event of default, the non-defaulting Members and/or the Company shall also have the right to purchase all or a portion of the Defaulting Member's Units at the price and on the terms described in Section 12.3. In addition, the Defaulting Member shall cease to be a Member, as the case may be, and shall be treated as a transferee. 12.5 Substituted Member. No transferee shall become a Substituted Member except in the manner described in Section 11.7. 13. BOOKS, RECORDS, AND ACCOUNTING. 13.1 Books and Records. The Members shall keep at the Company's principal office the Company documents required by RCW 25.15.135, plus the following: 13.1.1 Copies of the Company's federal, state and local income tax or information returns and reports, if any, for the six most recent taxable years; 19 13.1.2 Financial statements of the Company for the six most recent Fiscal Years; and 13.1.3 The Company's books and records for at least the current and past three Fiscal Years. 13.2 Accounting Matters. The Members shall make all decisions as to accounting matters in accordance with the accounting methods adopted by the Company and in accordance with generally accepted accounting principles and procedures applied on a consistent basis. Accounting principals, once having been adopted, shall not be changed without the unanimous approval of the Members. Each Member shall have the right to obtain from the Company copies of all accounts, books and records upon request, and shall also have the right at any reasonable time to examine and have his own personal attorney or accountant examine all Company accounts, books and records. For purposes of complying with this Section 13, the Company may retain such bookkeepers, accountants, certified public accountants and/or management consultants as shall be determined from time to time by the Company. 13.3 Bank Accounts. Company funds shall be deposited in a Company bank account or accounts at such bank or banks as may be selected by the Members. Withdrawals from all bank accounts and other disbursements of Company funds shall be made by the signature of a Member or Members authorized by the Members. 13.4 Fiscal Year and Accounting Method. Unless otherwise determined by the Managers, the fiscal year of the Company shall be the calendar year, and the Company shall use the cash method of accounting. 13.5 Filing Tax Returns. The Members, at Company expense, shall cause information returns for the Company to be prepared and timely filed with the appropriate authorities. 13.6 Designation and Duties of Tax Matters Partner. 13.6.1 Designation of Tax Matters Partner. If a Tax Matter partner is required at any time by applicable Treasury regulations, then John W. O'Neil shall be the Tax Matters Partner of the Company as provided in Treasury Regulations pursuant to Code Section 6231, John W. O'Neil elects, at any time, not to be the Tax Matters Partner and so designates another Tax Matter Partner. Each Member, by the execution of this Agreement, consents to such designation of the Tax Matters Partner and agrees to execute, certify, acknowledge, deliver, swear to, file and record at the appropriate public office, such documents as may be necessary or appropriate to evidence such consent. 13.6.2 Duties of Tax Matters Partner. The duties of the Tax Matters Partner shall include, without limitation, the following: 13.6.2.1 To the extent and in the manner provided by applicable law and regulations, the Tax Matters Partner shall furnish the name, address, 20 profits interest, and taxpayer identification number of each Member to the Secretary of the Treasury or his delegate. 13.6.2.2 To the extent and in the manner provided by applicable law and regulations, the Tax Matters Partner shall keep each Member informed of the administrative and judicial proceedings for the adjustment at the Company level of any item required to be taken into account by a Member for income tax purposes (such administrative proceeding referred to hereinafter as a "tax audit" and such judicial proceedings referred to hereinafter as "judicial review"). 13.6.2.3 If the Tax Matters Partner, on behalf of the Company, receives a notice with respect to a tax audit of the Company from the Secretary of the Treasury, the Tax Matters Partner shall, within five days of receiving such notice, forward a copy of such notice to the Members who hold or held an interest in the profits or losses of the Company, as applicable, for the taxable year to which the notice relates. 13.6.3 Expenses of Tax Matters Partner. The Company shall indemnify and reimburse the Tax Matters Partner for all reasonable expenses, including legal and accounting fees, claims, liabilities, losses, and damages incurred in connection with any administrative or judicial proceeding with respect to the tax liability of the Members. The payment of all such expenses shall be made before any Distributions are made or any Reserves are set aside by the Members. Neither the Members nor any other person shall have any obligation to provide funds for such purpose. The taking of any action and the incurring of any reasonable expense by the Tax Matters Partner in connection with any such proceeding, except to the extent required by law, is a matter in the sole discretion of the Tax Matters Partner and the provisions on exculpation and indemnification set forth in Section 10.7 of this Agreement shall be fully applicable to the Tax Matters Partner in his capacity as such. 13.7 Tax Elections. The Managers by majority vote shall have the authority to cause the Company to make any election required or permitted to be made for income tax purposes if the Managers determine, in their sole judgment, that such election is in the best interests of the Company. For example, the Managers, in their sole discretion, by majority vote may cause the Company to make, in accordance with Code Section 754, a timely election to adjust the basis of Company property described in Code Sections 734 and 743. 14. POWER OF ATTORNEY. 14.1 Grant. Each of the Members, by their execution of this Agreement, hereby constitutes and appoints the Managers, or any one or more of the Managers, as such Member's true and lawful agents and attorneys-in-fact, with full power of substitution, in such Member's name, place and stead to make, execute, sign, acknowledge, record, file and act on behalf of such Member and on behalf of the Company: • the Certificate of Formation and all amendments thereto required or permitted by law; and 21 • all instruments, documents and agreements, and the undertaking of all acts or forbearance from all acts, permitted by law or the provisions of this Agreement. 14.2 Features. The foregoing power of attorney: • is coupled with an interest and shall be irrevocable and shall survive the death or disability of each Member; • may be exercised by the Managers either by signing separately as attorney- in-fact for all of the Members jointly; and • shall survive the delivery of an assignment by a Member of the whole or a portion of his or her Membership Units. 14.3 Further Instruments. Each Member shall execute and deliver to the Managers such further designations, powers-of-attorney and other instruments as the Manager deems necessary to evidence the power of attorney granted by this Section 14. 14.4 Termination of Power of Attorney. The appointment of a Manager as attorney-in-fact under this power of attorney automatically shall terminate as to such Member at such time as that Manager ceases to be a Manager and from such time shall be effective only as to the continuing or Substituted Manager designated or elected pursuant to this Agreement. 15. LIMITATIONS. Except as expressly permitted by this Agreement, no Member shall have the power or right to: • withdraw or reduce his or her Capital Contribution except as a result of the dissolution of the Company; • bring an action for partition against the Company, the Property or any other Company assets; • cause the termination and dissolution of the Company by court decree or otherwise; or • demand or receive property other than cash in return of his or her Capital Contribution. 16. AMENDMENT OF LLC DOCUMENTS. This Agreement may be amended only with the consent of the holders of two-thirds of the Membership Units held by all Members. Nothwithstanding anything in this Section to the contrary, no amendment may be made without the consent of any affected Member if any of the following apply: (i) the 22 amendment would alter the amount of distributions to a Member of operating cash or the proceeds of sale, refinancing, or the proceeds which a Member would receive upon liquidation under Section 17; or (ii) the allocation of profits and losses to a Member; or (iii) the amendment alters the requirement in Section 17 .1.1 that the holders of two-thirds of all the Membership Units held by Members must consent to a voluntary liquidation of the Company. 17. TERMINATION, DISSOLUTION AND WINDING UP OF THE LLC. 17.1 Termination Events. The Company shall be terminated and dissolved upon the earliest to occur of any of the following events: 17.1.1 A majority of the Managers and the holders of two-thirds of the Membership Units held by all Members elect to dissolve the Company; 17.1.2 Entry of a decree of judicial dissolution pursuant to the Act; 17.1.3 Ahe Managers and the holders of a majority of the Membership Units elect pursuant to Section 11.4 to dissolve the Company upon the occurrence of an Event of Dissociation other than the death of a Member; or 17.1.4 At any time the Company has a term other than in perpetuity, upon the expiration of the term of the Company. 17.2 Distributions Upon Dissolution. 17.2.1 Subject to the provisions of Section 17.2.2 of this Agreement, following the payment or provision for all debts and liabilities of the Company, the proceeds from the liquidation of the Company shall be distributed to all Members in accordance with the ratio that the positive balance in their Capital Accounts, after taking into account all Capital Account adjustments for the tax year in which the liquidation occurs, bears to the sum of positive Capital Accounts of all Members (after such adjustments). 17.2.2 lfthe Company distributes property in kind in connection with its dissolution, then all such in-kind property shall be transferred and distributed to the Members. 17.2.3 In the event of a Company Liquidation, distributions shall be made before the later of: • the last day of the taxable year of the Company (determined without regard to the provisions of Code Section 706(c)(2)(A)) in which such Company Liquidation occurs; or • 90 days after the occurrence of such Company Liquidation. 23 17.3 No Obligation to Restore Negative Capital Account Balance on Liquidation. Notwithstanding anything to the contrary in this Agreement, upon a liquidation within the meaning of Regulation Section 1.704-1(b)(2)(ii)(g), if any Member, or other person with a Capital Account has a negative Capital Account balance (after giving effect to all contributions, distributions, allocations and other Capital Account adjustments for all taxable years, including the year during which such liquidation occurs), such Member or other person shall have no obligation to pay any Capital Contribution to the Company (other than any balance due of the original Capital Contribution due from the Member under Section 6.2.1 ), and the negative balance of such Member's, or other person's, Capital Account shall not be considered a debt owed by such Unit Holder to the Company or to any other Person for any purpose whatsoever, except to the extent that there remains any unpaid amount of the Member's original Capital Contribution under Section 6.2.1. 18. MISCELLANEOUS. 18.1 Headings. The headings in this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement. Whenever from the context it appears appropriate, each term stated in either the singular or the plural shall include the singular and the plural, and the pronouns stated in either the masculine, the feminine or the neuter gender shall include the masculine, the feminine and the neuter gender. 18.2 No Waiver. The failure of any Member to seek redress for violation, or to insist on strict performance, of any covenant or condition of this Agreement shall not prevent a subsequent fact which would have constituted a violation from having the effect of an original violation. 18.3 Dispute Resolution. 18.3.1 Unless otherwise agreed by all parties to the dispute, any controversy or claim between the Members, or between any Managers and any Members, or between any Managers, and arising out of or related to the Company and/or this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or, if such rules no longer exist, the AAA rules applicable to commercial disputes generally, (the "AAA Rules") by an arbitrator who is mutually agreeable to the parties. If the parties are unable to agree upon an arbitrator, one arbitrator shall be selected in accordance with the AAA Rules. All proceedings in any such arbitration shall be conducted in Seattle, Washington, and judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, nothing in this Agreement shall preclude the parties from seeking injunctive or other equitable relief from a court with regard to any breach of this Agreement. All parties consent to the jurisdiction and venue of the federal and state courts located within King County, Washington with respect to any such controversy or claims. 18.3.2 In the event that any suit, action or arbitration proceeding is commenced by any party under this Agreement to enforce its terms or to seek damages in connection with the breach of this Agreement, the prevailing party shall be entitled to 24 reasonable attorneys' fees and costs to be fixed by the court or arbitrator, including such fees and costs as may be incurred in any appellate proceeding, and the court or arbitrator shall require the nonprevailing party to pay the costs and expenses of the suit or arbitration, including the arbitration fees. 18.4 Notices. All notices, requests, demands and other consents required or permitted hereunder shall be in writing and shall be deemed to have been duly given if it is either: • delivered by hand, or by facsimile transfer or telecopy (collectively "fax"), with receipt acknowledged; or • sent by commercial courier service or sent by certified or registered mail with delivery or postage prepaid and by means assuring that acknowledgment or receipt is secured, addressed to the Member at such Member's address. Written notice so given shall be effective upon actual receipt, if received on a day that is not a weekend day or federal holiday. However, if the notice is property given by courier service or mail, and is not deliverable because the intended recipient refuses to accept it, fails to claim it, or cannot be located at the proper address, the notice shall be effective on the first day, which is not a weekend day or federal holiday, after it is sent by courier service, or on the third day after it is mailed. Notices transmitted by fax or courier which are received on a weekend or federal holiday shall be deemed received on the next day which is not a weekend or federal holiday. 18.5 Governing Law; Successors; Severability; Counterparts. This Agreement shall be governed by the laws of the State of Washington as such laws are applied by Washington courts to agreements entered into and to be performed in Washington by and between residents of Washington. This Agreement shall, subject to the restrictions on transferability set forth herein, bind and inure to the benefit of the heirs, executors, personal representatives, successors, and assigns of the parties hereto. If any provision of this Agreement is held to be invalid, the remainder of this Agreement shall not be affected thereby. This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 18.6 Other Business Activities; Disclosure, Waiver. Each of the Members and each Manager understands that the other Members and any Manager may be interested, directly or indirectly, in various other businesses and undertakings not included in the Company. Each Member and Manager also understands that the conduct of the business of the Company may involve business dealings with such other businesses or undertakings. The Members and each Manager agree that the creation of the Company and the assumption by each of the Managers and Members of their respective duties under this Agreement shall be without prejudice to their rights to have such other interests and activities and to receive and enjoy profits or compensation from such matters, and each Member and each Manager waives any rights the Member or Manager might otherwise have to share or participate in such other interest or activities of the other Members or of 25 any Manager. The Members and Managers may engage in or possess any interest in any other business venture of any nature or description independently or with others, and neither the Company nor the other Members, nor any Manager, have any right by virtue of this Agreement in and to such venture or the income or profits derived from such venture. Each Member and each Manager shall give notice, to the other Members and to each Manager, of the Member's or Managter's other interest in any other business or undertaking which proposes to enter into any business transactions with the Company. 18.7 Investment Representations. The Units have not been registered under the Securities Act of 1933, the Securities Act of Washington or any other state securities law (collectively: the "Securities Acts") because the Company is issuing the Units in reliance upon the exemptions from the registration requirements of the Securities Acts, and the Company is relying upon the fact that the Units are to be held by each Unit Holder for investment. Accordingly, each Unit Holder hereby confirms the Units have been acquired for such Unit Holder's own account, for investment and not with a view to the resale or distribution thereof and may not be offered or sold to anyone unless there is an effective registration or other qualification relating thereto under all applicable Securities Acts or unless such Unit Holder delivers to the Company an opinion of counsel, satisfactory to the Company, that such registration or other qualification is not required. The Unit Holders understand that the Company is under no obligation to register the Units or to assist any Unit Holder in complying with any exemption from registration under the Securities Acts. 18.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject thereof, and may not be changed except in the manner described in Article 16. DATED this__£_ day of June, 2008. I 26 SCHEDULE A Names and Addresses of Initial Capital Units Percentage Interest Members Contribution John W. O'Neil ./1100) ooo 1000 100% 11711 SE B"' St., Suite 310 ; Bellevue. WA 98005-3543 27 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM DATE: TO: FROM: January 7, 2009 Rick Stacy SUBJECT: New Land Use File Set-Up Please complete the following information to facilitate routing of file and application acceptance. If you have special form requirements or instructions, please write them in the "Comments" section. Project Name: Talbot Ridge Estates Final Plat Project Manager: Rick Moreno Reviewer: LUA (File) Number: LUA08-150, FP Applicant: Talbot Ridge Estates LLC Submittal Date: December 31, 2008 Acceptance/ Circulation Date: ~ -?. -{) 1 Work Order #: 78007 Function #: Comments Due: q-/l,-oi o,, 'if'>""-'. ¥-C f'<• 5-e.c: / Site Area: sq. ft. dciefs) Project sq. ft. Location: acre(s) \., O'T '-\ J "::,e(..{-~ S J T w Z?.., f211b 5 Other PP-~;tc: Req'ci . Public Approvals: Land Use/Zoning: Dev. Regs (RMC Sections): Tentative ERC Date: Categories: Single-Fami/ya Commercial a Studies/ Reports Req'd: Tentative HEX Date: School/Utilities/Public Project a Church/Daycare a Industrial a Multi-Family a Wireless a DOT Notification Required: NOA only a TIA a Boeing Notification: YESC School District Letter: YESC Renton School a / Issaquah School a / Kent School a Comments: Airport Notification: Send Lake & Stream Study to Muckleshoot Tribe: YESC YESC ·----~-~,-,_,._,,,.,.,, •-C,n,. , ,,.,.,,,,•·~•I"'--"'"·····, .. TALBOT RIDGE ESTATES FINAL PLAT CORE PROJECT NO. 04120 Plat Map Checks 11/07/07 SJS Core Design, Inc. 14711 N.E. 29th Place, #101 Bellevue, WA 98007 425-885-7877 LOT SUB 1 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTE ING EASTING 501 159925.70 1302881.11 s 00°54'48" w 1289.15 3100 158636.71 1302860. 56 N 89°05'32" w 1303. 40 3101 158657.36 1301557.32 N 00°39'11" E 640.64 3102 159297. 96 1301564.62 N 00°39 1 11" E 640.64 3103 159938.55 1301571.92 s 89°26'15" E 1309.25 501 159925. 70 1302881.11 Closure Error Distance> 0.0087 Error Bearing> s 35°56'03" w Closure Precision> 1 in 594175.9 Total Dis:::ance> 5183.07 LOT AREA: 1678892 SQ FT OR 38.5421 ACRES Lot Report 11/6/2007 10:39 Lot File: P:\2004\04120\Carlson\Lot :iles\PLAT MAP CHECKS.lot CRD File> LOT SUB 2 P:\2004\04120\Carlson\04120.crd OF BLOCK 1, TYPE: LOT DISTANCE NORT~ING PNT# BEARING 3100 502 3104 3101 3100 s 00°54 1 48 11 w N 88°38'33 11 W N 00°39'11" E S 89°05 1 32" E 1313 .12 1297. 52 1302. 95 1303.40 158636.71 157323."/6 1s73s,:;.so 158657.36 158636. 1 EASTING 1302860.56 1302839. 63 1301542. 4 7 1301557.32 1302860.56 Closure Error Distance> 0.0014 Error Bear ~g> S 04°19'51'' W Closure Precision> 1 in 3633705.8 Tccal D stance> 5216.99 LOT AREA: 1701000 SQ FT OR 39.0496 ACR~S LOT SUB 3 OF BLOCK 1, TYPE: ~o: PNT # BEARING 3104 503 3105 3106 3101 N 88°38'33" W N 00°23'20" E S 89°05'32" E S 89°05'32" E DISTANCE NORTHING 157354.50 1297. 52 1292.81 651.70 651. 7 0 15738S.23 158678.D!. 158 667. 69 158657.36 s 00°39'11" w 1302.95 EASTING 1301542.47 1300245.32 1300254.09 1300905.71 1301557.32 3104 157354.50 1301542.47 Closure Error Distance> 0.0062 Error 3ea~inq> S 48°41'17'' W Closure Precision> 1 in 838733.5 Tota: Ccstance> 5196.67 LOT AREA: 1687721 SQ FT OR 38.7447 ACRES LOT SUB 4 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTH:i:"G EASTING 3105 158672.01 1300254. 09 N 00°23 1 20" E 636. 71 3107 159314. L 1300258.42 s 89°15'55" E 653.16 3108 159386.33 1300911. 52 s 00°31'17" w 638.67 3106 158667.69 1300905.71 N 89°05'32" w 651.70 3105 158678. 1 1300254. 09 Closure Error Distance> 0.0025 Erro::'.::' Bear ng> s 59°44'33" E Closure Precision> 1 in 1047900.0 Total D stance> 2580.24 LOT AREA: 416037 SQ FT OR 9.5509 ACRES LOT SUB 5 PNT# BEARING 3108 OF BLOCK 1, TYPE: LOT DISTANCE NO~TEING 159306.33 3102 3101 3106 3108 S 89°15'55" E s 00°39 1 11" w N 89°05'32" W N 00°31'17" E 653.16 640.64 651. 70 638.67 159297. 96 158657.36 158667.69 159306.33 EASTING 1300911. 52 1301564. 62 1301557.32 1300905. 71 1300911. 52 Closure Error Distance> 0.0057 Error Bearing> N 20°02'23'' E Closure Precision> 1 in 452340.6 Tota: Distance> 2584.16 LOT AREA: 417323 SQ FT OR 9.5804 ACRES LOT SUB 6 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NO?.THING EASTING 3103 159938.55 1301571.92 s 00°39'11" w 640.64 3102 159297. 96 1301564.62 N 89°15 1 55" w 653.16 3108 159386.33 1300911. 52 N 00°31'17" E 319.34 3109 159625. 65 1300914.43 N 00°31'17" E 319.34 3110 1599,4.98 1300917.33 s 89°26'15" E 654.62 3103 159938.55 1301571. 92 Closure Error Distance> 0.0088 Error Bearing> S 62°49'25" E Closure Precision> 1 in 294871.0 Total Distance> 2587.09 LOT AREA: 418263 SQ FT OR 9.6020 ACRES LOT SUB 7 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3110 :.59944.98 1300917.33 s 00°31'17n w 319.34 3109 159625.65 1300914.43 N 89°21'05 11 w 653.89 3111 159633. 05 1300260. 58 N 00°23'20 11 E 318.35 8 159951.{0 1300262.74 s 89°26'15 11 E 654.63 3110 159944.98 1300917.33 Closure Error Distance> 0.0101 Error Bearing> N 30°43'24" w Closure Precision> 1 in 192641.4 Total Distance> 1946.21 LOT AREA: 208606 SQ FT OR 4.7889 ACRES LOT SUB 8 OF BLOCK 1, TYPE: LO? PNT# BEARING 3109 3108 3107 3111 3109 s 00°31'17" w N 89°15'55" W N 00°23'20" E S 89°21'05 11 E DISTANCE NOR?HING 159625.65 319.34 653.16 318.36 653.89 159306.33 159314. 71 159633. 05 159625.65 EASTING 1300914. 43 1300911. 52 1300258.42 1300260. 58 1300914. 43 Closure Error Distance> 0.0034 Error Bearing> N 76°28'58" E Closure Precision> 1 in 569852.1 Total Distance> 1944.74 LOT AREA: 208371 SQ FT OR 4.7835 ACRES LOT BLOCK 1 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3110 159944.98 1300917.33 s 00°31 1 17" w 30.00 3112 159914.98 1300917.06 s 00°31'17" w 166.55 3113 159148.43 1300915.54 s 00°31'17" w 108. 71 3114 159639. 73 1300914. 55 N 88°11'31" w 139.20 522 159644. l2 1300775.42 N 88°46'56 11 w 299.07 523 159650.47 1300476. 42 N 88°27'20" w 215. 76 524 159656.29 1300260. 73 N 00°23'20" E 280.18 3115 159936.47 1300262.64 RADIUS: 187.00 LENGTH: 17.76 CHORD: 17.75 DELTA: 05'26'26" CHORD BRG: N 33°16'00" E PC-R: N 54°00'47" W PT-R: N 59'27'13" W RADIUS POINT: 3116 160046.35,1300111.32 TANGENT: 8.89 3117 159951.31 1300272.37 s 89°26'15" E 391. 82 3118 159947.46 1300664.17 s 89°26'15" E 150.00 3119 1599{5.99 1300814.17 s 89'26'15" E 103.17 3110 159944.98 1300917. 33 Closure Error Distance> 0.0048 Error Bearing> N 72°29'06" W Closure Precision> 1 in 399886.1 To:al Distance> 1902.23 LOT AREA: 196234 SQ FT OR 4. 504 9 ACRES LOT BOUNDARY OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING 3112 1599:4.98 N 89°26'15 11 W 103.19 EASTING 1300917. 06 3120 159915.99 1300813.87 RADIUS: 390.00 LENGTH: 153.97 C~ORD: 152.97 DELTA: 22°37'12" CHORD ERG: N 78°07'39" W PC-R: N 00°33'45" E PT-R: N 23°10'57" E RADIUS POINT: 3121 160305.97,13008:1.·10 TANGENT: 78.00 3118 159947.46 1300664.17 N 89°26 1 15" W 391. 82 3117 159951.31 1300272.37 RADIUS: 187.00 LENGTH: 17.76 CHORD: 17.75 DELTA: 05°26'26" CHORD ERG: S 33°16'00" W PC-R: N 59°27'13" W PT-R: N 54°00'47" W RADIUS POINT: 3116 160046.35,13001L.32 TANGENT: 8.89 3115 159936.47 1300262.64 s 00°23'20" w 280.18 524 159656.29 13002 60. 73 s 88°27'20 11 E 215.76 523 159600.47 13004 7 6. 42 s 88°46'56" E 299.07 522 159644.12 1300775.42 s 88°11'31 11 E 139.20 3114 15%39.73 1300914. 55 N 00°31'17" E 275.26 3112 15991'.98 1300917.06 Closure Error Distance> 0.0028 Error Bearing> S 58°20'25" E Closure Precision> 1 in 665228.5 Tota: Distance> 1876.22 LOT AREA: 190115 SQ FT OR 4.3644 ACRES LOT CL OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORT,IING EASTING 3113 1597~8.43 1300915. 54 N 88°33'58 11 w 420 .11 3122 1597S2.94 1300495. 57 N 01°26 1 02" E 17.10 3123 159776.84 13004 95. 99 N 49°41'32" w 48.00 3124 159807.09 1300459. 39 N 49°41'32" w 38.38 3125 159831.91 1300430.13 N 88°33'58" w 66.43 3126 159833.58 1300363.72 s 01°26'02" w 180.00 3127 159653.63 1300359.21 s 88°27'20" E 117.24 523 159658.47 1300476.42 s 88°46'56" E 299.07 522 1596c4.~2 1300775. 42 s 88°11'31 11 E 139.20 3114 159639. 73 1300914.55 N 00°31'17" E 108.71 3113 159748.43 1300915.54 Closure Error Distance> 0.0160 Error Bearing> s 82°04 '12" E Closure Precision> 1 in 89475.6 Total Distance> 1434.24 LOT AREA: 67844 SQ FT OR 1.5575 ACRES Lot Report 11/7/2007 09:48 Lot File: P:\2004\04120\Carlson\Lot l'iles\PLI\T MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT RW DED OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTEING 3114 159639.73 3128 N 88°11'31 11 W N 00°31'17 11 E 3C.01 65.41 1596rn.67 EASTING 1300914.55 1300884.56 3129 159706.08 1300885.16 RADIOS: 25.00 LENGTH: 38.87 CHORD: 35.07 DELTA: 89°05'15" CHORD BRG: N 44°01'20" W PC-R: N 29'28'43" W PT-R: S 01"26'02" W RADIOS POINT: 3130 159706.30,130086J.16 TANGENT: 24.60 3131 159731.30 1300860.78 N 88°33'58" w 30.40 3132 159732.06 1300830.39 N 88°33'58 11 W 50.00 3133 159733.31 1300780. 41 N 88°33'58" w 50.00 3134 15913,.56 1300730. 42 N 88°33'58 11 W 50.00 3135 159735.81 1300680. 44 N 88°33'58" w 50.00 3136 159737.06 1300630. 45 N 88°33'58" W 50.00 3137 159738.3~ 1300580. 4 7 N 88°33'58" w 44.09 3138 159739.42 1300536.40 RADIOS: 27.00 LENGTH: 5.96 CEORC: 5.95 DELTA: 12°38'35" CHORD BRG: S 85°06 1 45" W PC-R: S Olc26 1 02 11 W PT-R: S 11°12'33" E RADIOS POINT: 3139 159712.43,1300535.72 TANGENT: 2.99 3140 159738.9~ 1300530.47 RADIUS: 27.00 LENGTH: 9.79 CHORC: 9.74 DELTA: 20°46'32" CHORD BRG: S 68°24'11" W PC-R: S 11°12'33" E PT-R: S 31°59'05" E RADIUS POINT: 3139 159712.43,1300535.72 TANGENT: 4.95 3141 159735.33 1300521.42 RADIUS: 48.00 LENGTH: 42.83 CHORC: 41.42 DELTA: 51°07'32" CHORD ERG: S 83°34 1 41" W PC-R: N 3:0 59 1 05'' W PT-R: N 19°08'27" E RADIUS POINT: 3123 159776.04,1300495.99 ,ANGENT: 22.96 3142 15973C.69 1300480.26 RADIUS: 48.00 LENGTH: 23.80 CIIORC: 23.56 DELTA: 28°24'54" CHORD BRG: N 56°39'06" W PC-R: N 19'C8'27" E PT-R: N 47'33'21" E RADIUS POINT: 3123 159776.04,1300495.99 ~ANGENT: 12.15 3143 159743.ES 1300460.57 RADIOS: 48.00 LENGTH: 30.95 CHORD: 30.42 DELTA: 36°56'58" CHORD BRG: N 23'58'10" W PC-R: N 47°33'21" E PT-R: N 84°30'19" E RADIUS POINT: 3123 159776.04,1300495.99 ~ANGENT: 16.04 3144 159771.44 1300448.21 RADIOS: 48.00 LENGTH: 38.37 CHORD: 37.36 DELTA: 45°48'09" CHORD BRG: N 17°24'23" E PC-R: N 84°30'19" E PT-R: S 49°41'32" E RADIUS POINT: 3123 159776.04,1300495.99 ~ANGENT: 20.28 3124 159807.09 1300459.39 RADIUS: 48.00 LENGTH: 20.63 CHORD: 20.47 DELTA: 24°37'27" CHORD BRG: N 52°37'11" E PC-R: S 49'L'32" E PT-R: S 25°04'05" E RADIOS POINT: 3123 159776.04,1300495.99 TANGENT: 10.48 3145 159819.o? 1300475.66 RADIOS: 48.00 LENGTH: 35.35 CHORD: 34.56 DELTA: 42°12'00" CHORD BRG: N 86°01'55" E PC-R: S 25°C{'C.J" E PT-R: S 17°07 1 55" W RADIUS POINT: 3123 159776.04,1300495.99 TANGENT: 18.52 3146 159821.91 1300510.13 RADIOS: 48.00 LENGTH: 44.49 CHORD: 42.91 DELTA: 53°06'03" CHORD BRG: S 46°19'04" E PC-R: S 17°07'55" W PT-R: S 70°13 1 58" W RADIOS POINT: 3123 159776.04,1300495.99 TANGENT: 23.98 3147 159792.)J 1300541.17 RADIUS: 25.00 LENGTH: 30.02 CHORD: 28.25 DELTA: 68'47'56" CHORD BRG: S 54°10'00" E PC-R: N 70°13'56" E PT-R: N 01°26'02" E RADIUS POINT: 3148 159800.73,1300564.69 TANGENT: 17.12 3149 159775.74 1300564.07 s 88°33'58" E 27.69 3150 159775.04 1300591. 7 5 s 88°33'58" E 35.00 3151 159774 .. I 1300626. 74 s 88°33'58 11 E 50.00 3152 159772.92 1300676. 72 s 88°33'58" E 66.47 3153 1597L.25 1300743.17 s 88°33'58" E 76.00 3154 159769.3.J 1300819.14 s 88°33'58" E 41. 19 3155 159768.32 1300860.32 RADIUS: 25.00 LENGTH: 39.67 CHORD: 35.64 DELTA: 90'54'45" CHORD BRG: N 45°58'40" E PC-R: N :J",0 26'C2n E PT-R: N 89°28'43" W RADIUS POINT: 3156 159793.31,1300860.95 TANGENT: 25.40 3157 159793. 08 1300885. 95 3201 3200 N 00°31'17" E N 00°31'17" E N 00°31'17 11 E 29. 61 45.01 22.60 159822.69 159867.69 130088 6. 22 1300886. 63 3160 159390.29 1300886.83 RADIUS: 25.00 LENGTH: 39.25 CEORD: 35.34 DELTA: 89°57'32" CHORD BRG: N 44°27'29" W PC-R: N 89°28'43" W PT-R: S 00°33'45" W RADIUS POINT: 3161 159890.52,1300861.83 TANGENT: 24.98 3162 15991':;.52 1300862.08 s 89°26'15" E 54.98 3112 159914. 98 1300917.06 s 00°31'17" w 166.55 3113 159748.43 1300915.54 s 00°31'17" w 108. 71 3114 159639. 73 1300914. 55 Closure Error Distance> 0.0128 Error Bear~ng> S 05°06'03" W Closure Precision> 1 in 120892.7 Total Distance> 1543.69 LOT AREA: 28796 SQ ,TOR 0.6611 ACRES Lot Report 11/7/2007 10: 01 Lot File: P:\2004\04120\Carlson\Lot Fi:es\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT 1 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTEI!,:'G EASTING 3128 159640.6'/ 1300884. 56 N 88°11'31 11 w 56.43 3187 l.J9642.45 1300828.15 N 01°26'02" E 89.63 3132 159732.86 1300830.39 s 88°33 1 58" E 30.40 3131 159731. 3C 1300860. 78 RADIUS: 25.00 LENGTH: 38.87 CHC:lD: 35.07 DELTA: 89°05'15" CHORD BRG: S 44°01'20" E PC-R: S 01°26'02'' W PT-R: N 89'28'43" W RADIUS POINT: 3130 159706. 30, 1300860 .16 TANGENT: 24. 60 3129 159706.08 1300885.16 s 00°31'17" w 65. 41 3128 159640. 67 1300884.56 Closure Error Distance> 0.0039 Error Bearing> N 36°51'41" E Closure Precision> 1 in 72150.8 Total Distance> 280.75 LOT AREA: 4875 SQ FT OR 0.1119 ACRES LOT 2 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTH INS EASTING 3187 159642.45 1300828 .15 N 88°11'31" w 50.00 3188 159644.03 1300778.17 N 01°26'02 11 E 89.31 3133 159733. 31 1300780. 41 s 88°33'58" E 50.00 3132 159732. 06 1300830. 39 s 01°26'02" w 89.63 3187 1596c2.45 1300828.15 Closure Error Distance> 0.0066 Error Bearin,;:r> s 10°43 1 16" w Closure Precision> 1 in 42223.0 Tota::_ Distar.ce> 278.94 LOT AREA: 4473 SQ FT OR 0 .1027 ACRES Lot Report 11/7/2007 10: 05 Lot File: P: \2004\04120\Carlson\Lot c'iles\PLAT MAP CHECKS. lot CRD File> P:\2004\04120\Carlson\04120.crd LOT 3 OF BLOCK 1, TYPE: :.,o~ PNTt BEARING DISTANCE NOR~HTNG EASTING 3188 :59644.03 1300778 .17 N 88°11'31" w 2.76 522 159644.12 1300775. 42 N 88°46'56n w 47.24 3189 1:)9645.12 1300728 .18 N 01°26'02" E 89.47 3134 159734. 56 1300730. 42 s 88°33'58 11 E 50.00 3133 1.59733. 31 1300780.41 s 01°26'02" w 89.31 3188 159644. 03 1300778 .17 Closure Error Distance> 0. 0096 Error 3earing> s 89°43'58" E Closure Precision> 1 in 29017.4 ToLal Distance> 278. 77 LOT AREA: 4469 SQ FT OR 0.1026 ACRES LOT 4 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTH:'.\G EASTING 3189 159645.12 1300728 .18 N 88°46 1 56" w 50.00 3190 15%46. lS 1300678.19 N 01°26 1 02" E 89.65 3135 159735.8: 1300680.44 s 88°33 1 58" E 50.00 3134 159)34.56 1300730.42 s 01 °26'02" w 89.47 3189 159645.12 1300728 .18 Closure Error Distance> 0.0086 Error Bearing> N 00°56'12" w Closure Precision> 1 in 32457.9 Total :Ji stance> 279.12 LOT AREA: 4478 SQ FT OR 0.1028 ACRES LOT 5 PNT# BEARING 3190 OF BLOCK 1, TYPE: LOT DISTANCE NORTiING 159646.18 3191 3136 3135 3190 N 88°46'56" W N 01°26'02 11 E S 88°33'58" E s 01°26 1 02" w 50.00 89.84 50.00 89.65 1596'7.25 159737.06 159735.81 15964 6 .18 EASTING 1300678 .19 1300628. 21 1300630.45 1300680.44 1300678.19 Closure Error Distance> 0.0015 Error Beari~g> S 15°36'41'' W Closure Precision> 1 in 192470.7 Total Dista~ce> 279.50 LOT AREA: 4487 SQ FT OR 0.1030 ACRES LOT 6 OF BLOCK 1, TYPE: LO:' PNT# BEARING DISTANCE NORrHING EASTING 3191 15964 7. 25 1300628.21 N 88°46'56" w 50.00 3192 159648.31 1300578. 22 N 01°26'02" E 90.03 3137 159738.31 1300580.47 s 88°33'58" E 50.00 3136 159737.06 1300630. 45 s 01°26'02" w 89.84 3191 159647 .25 1300628. 21 Closure Error Distance> 0.0015 Error I3caring> s 15°36 1 41" w Closure Precision> 1 in 192730.6 Total Distance> 279.87 LOT AREA: 4 4 97 SQ FT OR 0.1032 ACRES LOT 7 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NO?.THING EASTING 3192 159648.31 1300578. 22 N 88°46'56 11 w 50.00 3193 159649.37 1300528.23 N 01°26'02 11 E 89.57 3140 159732.91 1300530.47 RADIUS: 27.00 LENGTH: 5.96 CHOR:J: 5.95 DELTA: 12°38'35" CHORD BRG: N 85°06'45" E PC-R: S :1°12'33" E PT-R: S 01"26'02" W RADIUS POINT: 3139 159712.43,1300535.72 TANGENT: 2.99 3138 159739.42 1300536.40 s 88°33'58" E 44.09 3137 159738.31 1300580.47 s 01°26'02" w 90.03 3192 159648. 31 1300578.22 Closure Error Distance> 0.0078 Error 3earing> s 34°02'03" w Closure Precision> 1 in 36050.3 Total Dis:ance> 279.64 LOT AREA: 4505 SQ FT OR 0.1034 ACRES Lot Report 11/7/2007 10: 15 Lot File: P:\2004\04120\Carlson\Lot Files\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT 8 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTE ING EASTING 3193 1596S9.37 1300528.23 N 88°46'56" w 50.00 3194 159650.e4 1300478.25 N 01°26'02" E 80.28 3142 159730.69 1300480.26 RADIUS: 48.00 LENGTH: 42.83 CHORD: 41.42 DELTA: 51"07'32" CHORD BRG: N 83°34'41" E PC-R: N 19'08'27" E PT-R: N 31"59'05" W RADIUS POINT: 3123 159776. 04, 130C495. 99 TANGENT: 22. 96 3141 159735.33 1300521.42 RADIUS: 27.00 LENGTH: 9.79 CoORD: 9.74 DELTA: 20'46'32" CHORD BRG: N 68°24'11" E PC-R: S 31'59'05" E PT-R: S 11'12'33" E RADIUS POINT: 3139 159712.43,1300535.72 TANGENT: 4.95 3140 159735. 91 1300530. 47 s 01 °26'02 11 w 89.57 3193 159649. 37 1300528. 23 Closure Error Distance> 0.0082 Error Bearing> N 36°23'20" E Closure Precision> 1 in 33226.7 Total Distan~e> 272.47 LOT AREA: 4065 SQ FT OR 0.0933 ACRES Lot Report 6/24/2008 15:02 Lot File: P:\2004\04120\Carlson\Lot Files\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT 9 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3194 159650.44 13004 78. 25 N 88°46 1 56" w 1. 83 523 15965C. 4 7 13004 76. 42 N 88°27 1 20" w 110. 24 3204 159653. 45 1300366. 21 N 01°26 1 02" E 60.01 3205 159713. 44 1300367.71 s 88°33'58" E 92.08 3196 159711.14 1300459.76 N 01°26 1 02" E 32.52 3143 159743.65 1300460.57 RADIUS: 48.00 LENGTH: 23.80 CHORD: 23.56 DELTA: 28°24'54" CHORD BRG: S 56°39'06" E PC-R: N 47°33'21" E PT-R: N 19°08'27" E RADIUS POINT: 3123 159776.04,1300495.99 TANGENT: 12.15 3142 159730.69 1300480.26 s 01°26'02" w 80.28 3194 159650.H 1300478.25 Closure Error Distance> 0.0089 Error Bearing> S 86°30'35" W Closure Precision> 1 in 45108.2 Total Distance> 400.77 LOT AREA: 7241 SQ FT OR 0.1662 ACRES LOT 10 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3196 159711.14 1300459. 76 N 88°33'58" w 92.08 3205 159713.44 1300367. 71 N 01 °26'02" E 60.00 3206 159773. 42 1300369.21 s 88°33'58" E 79. 03 3144 159771.44 1300448.21 RADIUS: 48.00 LENGTH: 30.95 CHORD: 30.42 DELTA: 36°56'58" CHORD BRG: S 23°58'10" E PC-R: N 84°30'19" E PT-R: N 47°33'21" E RADIUS POINT: 3123 159776.04,1300495.99 TANGENT: 16.04 3143 159743.65 1300460.57 s 01°26'02" w 32.52 3196 159711.14 1300459.76 Closure Error Distance> 0.0013 Error Bearing> S 07°04 1 53'' E Closure Precision> 1 in 224176.0 Total Distance> 294.58 LOT AREA: 5295 SQ FT OR 0.1216 ACRES LOT 11 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3144 159771.44 1300448.21 N 88°33'58" w 79.03 3206 159773.42 1300369. 21 N 01°26'02" E 60.00 3207 159833.40 1300370.72 s 88°33'58" E 59.43 3125 15983c.91 1300430.13 s 49°41'32" E 38.38 3124 159807.09 1300459.39 RADIUS: 48.00 LENGTH: 38.37 CHORD: 37.36 DELTA: 45°48'09" CHORD ERG: S 17°24'23" W PC-R: S 49°41'32" E PT-R: N 84°30'19" E RADIUS POINT: 3123 159776.04,1300495.99 TANGENT: 20.28 3144 159771.44 1300448.21 Closure Error Distance> 0.0053 Error Beari~g> N 08°08'20'' E Closure Precision> 1 in 51735.0 Total Distance> 275.20 LOT AREA: 4719 SQ FT OR 0.1083 ACRES Lot Report 11/7/2007 10: 30 Lot File: P:\2004\04120\Carlson\Lot f'iles\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\041?0.crd LOT 12 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NC3.TH='.:G EASTING 3173 159845.17 1300542.49 RADIUS: 25.00 LENGTH: 46.12 C'lORJ: 39.85 DELTA: 105°41'53" CHORD ERG: S 54°16'59" W PC-R: N 23°33 1 58'' W PT-R: N 17°07'55" E RADIUS POINT: 3172 159845.80,13005=7.50 TANGENT: 32.99 3146 159821.9= 1300510.13 RADIUS: 48.00 LENGTH: 35.35 CEORD: 34.56 DELTA: 42°12'00" CHORD BRG: S 86°01 1 55" W PC-R: S 17c:07 1 .JS" W PT-R: S 25°04'05" E RADIUS POINT: 3123 159776.04,1300495.99 ~ANGENT: 18.52 3145 159819.52 1300475.66 N 49°41'32" w 40.17 3185 159845.SC 1300445. 03 N 00°23'20" E 39.11 3183 159884.61 1300445.29 s 89°26'15" E 98.17 3174 159883.64 1300543.45 s 01°26'02" w 38.48 3173 159845.17 1300542.49 Closure Error Distance> 0.0084 Error Bearing> s 21°56'18" w Closure Precision> 1 in 35196.0 Total Dis::2nce> 297.39 LOT AREA: 5619 SQ FT OR 0.1290 ACRES LOT 13 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTH='\G EASTING 3175 159898.71 1300556. 60 s 41°06'35" w 20.00 3174 159883. 64 1300543. 45 N 89°26'15" w 98.17 3183 159884.6:_ 1300445.29 N 00°23 1 20" E 65.00 3184 159949.6:_ 1300445. 73 s 89°26 1 15" E 112. 12 3181 159948.51 1300557.85 s 01°26'02" w 49.81 3175 159298.71 1300556.60 Closure Error Distance> 0.0063 Error Bearircg> N 72°27'58 11 E Closure Precision> 1 in 55061. 3 Total Distance> 345.10 LOT AREA: 7152 SQ FT OR 0.1642 ACRES LOT 14 OF PNT# BEARING 3179 N 89°26'15" w 3180 N 01°26'02" E 3176 N 39°59 1 05" w 3175 N 01°26'02,r E 3181 s 89°26'15" E BLOCK 1, TYPE: LOT DISTANCE NO?-TEING 159877 .31 110.01 159876.39 5.00 159883.39 20.00 159898.71 49.81 159948.51 106.33 EASTING 1300679. 34 1300569. 33 1300569.45 1300556.60 1300557.85 3118 15994 7. 4 6 1300664 .17 RADIUS: 390.00 LENGTH: 18.05 CHO?-D: 18.05 DELTA: 02°39'07" CHORD BRG: S 68"08'37" E PC-R: N 23°10'57" E PT-R: N 20"31'50" E RADIOS POINT: 3121 160305.97,1300817.7C TANGENT: 9.03 3182 159940.74 1300680.92 s 01 °26'02" w 63.45 3179 159877.31 1300679. 34 Closure Error Distance> 0.0060 Error Bearing> S 54°32'43'' W Closure Precision> 1 in 62304.9 Total Distance> 372.65 LOT AREA: 8404 SQ FT OR 0.1929 ACRES LOT 15 PNT# BEARING 3151 OF BLOCK 1, TYPE: LO:' DISTANCE NOR:HING 159774.17 N 88°33 1 58" W 35.00 EASTING 1300626.74 3150 159775.04 1300591.75 RADIUS: 25. 00 LENGTH: 39. 27 CHORD: 35. 36 DELTA: 90° 00' 00" CHORD BRG: N 43°33'58" W PC-R: N C:.0 26'02" E PT-R: S 88°33'58" E RADIUS POINT: 3171 159800.03,1300592.38 TANGENT: 25.00 3170 15980C.E6 1300567.38 N 01°26'02" E 77.75 3180 159818.39 1300569. 33 s 89°26'15" E 60.01 3178 159877.80 1300629.33 s 01°26'02" w 103.67 3151 1597'14.17 1300626.74 Closure Error Distance> 0.0041 Error Bcar_:._ng> N 04°44 1 59" E Closure Precision> 1 in 77417.5 Total Dis tar.ce> 315.70 LOT AREA: 6058 SQ FT OR 0 .1391 ACRES Lot Report 11/7/2007 10: 35 Lot File: P:\2004\04120\Carlson\Lot Files\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT 16 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NO"'fH='-iG EASTING 3152 159772.92 1300676. 72 N 88°33'58" w 50.00 3151 15977e.17 1300626.74 N 01°26 1 02" E 103.67 3178 159877. 80 1300629.33 s 89°26'15" E 50.00 3179 159877.3= 1300679.34 s 01°26 1 02" w 104.43 3152 159772. 92 1300676. 72 Closure Error Distance> 0.0043 Error Rearir.g> s 83°57'42 11 w Closure Precision> 1 in 72450. 6 Total Distance> 308.10 LOT AREA: 5202 SQ FT OR 0. 1194 ACRES LOT 1 7 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3166 159795.62 1300768.79 RADIUS: 25.00 LENGTH: 39.27 CHO?D: 35.36 DELTA: 90°00'00" CHORD BRG: S 46"26'02" W PC-R: N 88°33'58" W PT-R: N 01'26'02" E RADIUS POINT: 3165 159796.24,1300743.79 TANGENT: 25.00 3153 159771.25 1300743.17 N 88°33 1 58" w 66.47 3152 159772.92 1300676. 72 N 01°26'02" E 55.00 3177 159827. 9C 1300678.10 s 88°33'58" E 91. 47 3197 159825.61 1300769. 54 s 01°26'02" w 30.00 3166 159795.62 1300768. 79 Closure Error Distance> 0.0047 Error Bearing> N 46°26'02" E Closure Precision> 1 in 60545.9 Total Dis-ca:1ce> 282.20 LOT AREA: 4896 SQ FT OR 0.1124 ACRES LOT 18 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORT'-IING EASTING 3197 159825.61 1300769.54 N 88°33'58 11 w 91. 4 7 3177 1598?1. 98 1300678 .10 N 01°26'02" E 45.00 3198 159872.88 1300679.23 s 88°33'58" E 91. 4 7 3167 159870.60 1300770. 66 s 01°26'02 11 w 45.00 3197 159825.61 1300769. 54 Closure Error Distance> 0.0000 Total Distance> 272.93 LOT AREA: 4116 SQ FT OR 0.0945 ACRES LOT 19 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NO:lTEING EASTING 3168 159885.49 1300784. 01 s 41°52'07 11 w 20.00 3167 159870.60 1300770. 66 N 88°33'58" w 91. 4 7 3198 159272.BB 1300679.23 N 01°26'02" E 67.88 3182 15994C. 74 1300680. 92 RADIUS: 390.00 LENGTH: 106.08 CHO?.D: 105. 75 DELTA: 15°35'04" CHORD BRG: S 77°15'42" E PC-R: N 2C"31'50" E PT-R: N 04"56'46" E RADIOS POINT: 3121 160305.97,1300817.7C TANGENT: 53.37 3199 159917.42 1300784.07 s 00°06'47" w 31.94 3168 159885.49 1300784.01 Closure Error Distance> 0.0079 Error 3ea~i~g> N 63°05'29 1' E Closure Precision> 1 in 39964.0 Total Distance> 317.36 LOT AREA: 5634 SQ FT OR 0.1293 ACRES LOT 20 PNT# BEARING 3160 OF BLOCK 1, TYPE: LOT DISTANCE NORT'IING 159890.29 3200 3169 3168 s 00°31'17" w N 88°33'58 11 W N 39°07 1 27 11 W N 00°06'47" E 22.60 90.00 20.04 31. 94 159867.69 159869.94 15988:,.49 EASTING 1300886.83 130088 6. 63 1300796. 65 1300784. 01 3199 159917.42 1300784.07 RADIUS: 390.00 LENGTH: 29.84 CHOR:J: 29.83 DELTA: 04°23'01" CHORD ERG: S 87°14'44" E PC-R: N 04°56'46" E PT-R: N 00°33'45" E RADIUS POINT: 3121 160305.97,13008i7.70 TANGENT: 14.93 3120 159915.99 1300813.87 S 89°26 1 15" E 48.21 3162 159915. 52 1300862. 08 RADIUS: 25.00 LENGTH: 39.25 CHORC: 35.34 DELTA: 89°57'32" CHORD ERG: S 44°27'29" E PC-R: S C0°33'45" W PT-R: N 89°28'43" W RADIUS POINT: 3161 159890.52,130086~.83 TANGENT: 24.98 3160 15989C.29 1300886.83 Closure Error Distance> 0.0097 Error Bearing> s 29°58'34'' E Closure Precision> 1 in 28949.3 Total Distance> 281.87 LOT AREA: 4593 SQ FT OR 0.1054 ACRES Lot Report 11/7/2007 10:44 Lot File: P: \2004 \04120\Carlson\Lot Files\P~./\~ MAP CHECKS. lot CRD File> P:\2004\04120\Carlson\04120.ccci LOT 21 OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NOccTE=:,c EASTING 3201 159322.69 1300886.22 N 88°33'58" w 90. 72 3202 159824.9E 1300795.53 N 01°26'02 11 E 45.00 3169 159869.94 1300796. 65 s ggo3315g11 E 90.00 3200 159867.69 1300886.63 s 00°31'17" w 45.01 3201 1598?2. 69 1300886.22 Closure Error Distance> 0.0054 Error Bear.:..ng> N 38°06'02" E Closure Precision> 1 in 50595.6 Total Distance> 270. 72 LOT AREA: 4066 SQ FT OR 0.0933 ACRES Lot Report 11/7/2007 10:47 Lot File: P:\2004\04120\Carlson\Lot Files\F~AT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT 22 OF BLOCK 1, TYPE: LO~ PNT# BEARING DISTANCE NORTHING EASTING 3157 159793.J8 1300885.95 RADIUS: 25.00 LENGTH: 39.67 CIIORn: 35.64 DELTA: 90°54'45" CHORD BRG: S 45°58'40" W PC-R: N 89'28'43" W PT-R: N 01°26'02" E RADIUS POINT: 3156 159793.31,13008EC.95 TANGENT: 25.40 3155 159768.32 1300860.32 N 88°33'58" W 41.19 3154 159769.35 1300819.14 RADIUS: 25.00 LENGTH: 39.27 C-IORJ: 35.36 DELTA: 90°00'00" CHORD BRG: N 43°33'58" W PC-R: N 01'?6'02" E PT-R: S 88°33'58" E RADIUS POINT: 3164 159794.34,1300819.77 TANGENT: 25.00 3163 159794. 97 1300794. 78 N 01°26'02" E 30.00 3202 159824.96 1300795.53 s 88°33 1 58" E 90. 72 3201 15982?. 69 1300886.22 s 00°31'17" w 29.61 3157 159793.08 1300885.95 Closure Error Distance> 0.0044 Error Bear-=._ng> N 23°08'56" E Closure Precision> 1 in 62000.2 Total Distar_ce> 270.45 LOT AREA: 4740 SQ FT OR 0.1088 ACRES LOT TRACT A OF BLOCK 1, TYPE: LCT PNT# BEARING DISTANCE NOR:HING EASTING 3163 159794.97 1300794.78 RADIUS: 25.00 LENGTH: 39.27 CHORC: 35.36 DELTA: 90'00'00" CHORD BRG: S 43'33'58" E PC-R: S 88'33'58" E PT-R: N 01'26'02" E RADIUS POINT: 3164 159794.34,1300819.77 TANGENT: 25.00 3154 159769. 35 1300819.14 N 88°33'58" W 76.00 3153 159771.25 1300743.17 RADIUS: 25.00 LENGTH: 39.27 CHORD: 35.36 DELTA: 90'00'00" CHORD BRG: N 46'26'02" E PC-R: N 01'26'02" E PT-R: N 88°33'58" W RADIUS POINT: 3165 159796.24,13007c3.79 TANGENT: 25.00 3166 159795.62 1300768.79 N 01°26 1 02" E 75.00 3167 159870.60 1300770.66 N 41°52'07" E 20.00 3168 159885.49 1300784.01 s 39°07'27" E 20.04 3169 1598 69. 94 1300796. 65 s 01°26'02" w 75.00 3163 159794.97 1300794. 78 Closure Error Distance> 0.0089 Error Bearing> N 72°45'24" w Closure Precision> 1 in 38595.8 Total Ccstance> 344.58 LOT AREA: 3066 SQ FT OR 0.0704 ACRES Lot Report 11/7/2007 11:06 Lot File: P:\2004\04120\Carlson\Lot Lles\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT TRACT B OF BLOCK 1, TYPE: LC~ PNT# BEARING DISTANCE NOR~HING EASTING 3170 159800.66 1300567.38 RADIUS: 25.00 LENGTH: 39.27 CHORD: 35.36 DELTA: 90°00'00" CHORD BRG: S 43°33'58" E PC-R: S 88°33'38" E PT-R: N 01"26'02" E RADIUS POINT: 3171 159800.03,1300592.38 TANGENT: 25.00 3150 159775.84 1300591.75 N 88°33 1 58" W 27. 69 3149 159775.74 1300564.07 RADIUS: 25.00 LENGTH: 30.02 CHORr: 28.25 DELTA: 68'47'56" CHORD ERG: N 54"10'00" W PC-R: N C:'26'02" E PT-R: N 70°13'58" E RADIUS POINT: 3148 159800. 73, 130056s. 69 ':'ANGENT: 17 .12 3147 159792.27 1300541.17 RADIUS: 48.00 LENGTH: 44.49 CHORD: 42.91 DELTA: 53°06'03" CHORD ERG: N 46°19'04" W PC-R: S 70°13'58" W PT-R: S 17°07'55 11 W RADIUS POINT: 3123 159776.04,1300495.99 TANGENT: 23.98 314 6 159871. 9l 1300510 .13 RADIUS: 25.00 LENGTH: 46.12 CHORD: 39.85 DELTA: 105°41'53" CHORD ERG: N 54°16'59'' E PC-R: N 17°C7'55'' E PT-R: N 88°33'58'' W RADIUS POINT: 3172 159845.80,130051! .. 50 TANGENT: 32.99 3173 159845.17 1300542.49 N 01°26'02" E 38.48 3174 159883.64 1300543. 45 N 41°06'35" E 20.00 3175 159898.71 1300556.60 s 39°59'05" E 20.00 3176 159883.39 1300569.45 s 01°26'02" w 82.75 3170 159800.66 1300567. 38 Closure Error Distance> 0.0028 Error Bearing> N 58°57'39" w Closure Precision> 1 in 124268.6 Total Dis:.a:1ce> 348.82 LOT AREA: 3444 SQ FT OR 0.0791 ACRES Lot Report 6/24/2008 15: 06 Lot File: P:\2004\04120\Carlson\Lot Files\PLAT MAP CHECKS.lot CRD File> P:\2004\04120\Carlson\04120.crd LOT TRACT D OF BLOCK 1, TYPE: LOT PNT# BEARING DISTANCE NORTHING 3184 15994 9. 61 N 89°26'15" W 173.37 EASTING 1300445. 73 3117 159951.31 1300272.37 RADIUS: 187.00 LENGTH: 17.76 CHORD: 17.75 DELTA: 05°26'26" CHORD BRG: S 33°16'00" W PC-R: N 59°27'13" W PT-R: N 54°00'47" W RADIUS POINT: 3116 160046.35,1300111.32 TANGENT: 8.89 3115 159936.47 1300262.64 s 00°23 1 20" w 280.18 524 159656.29 1300260.73 s 88°27 1 20" E 105.52 3204 159653.45 1300366. 21 N 01°26 1 02" E 180.01 3207 159833.40 1300370.72 s 88°33'58" E 59.43 3125 159831.91 1300430.13 s 49°41'32 11 E 38.38 3124 159807.09 1300459.39 RADIOS: 48.00 LENGTH: 20.63 Ci!ORD: 20.47 DELTA: 24°37'27" CHORD BRG: N 52°37'11" E PC-R: S 49"41'32" E PT-R: S 25°04'05" E RADIUS POINT: 3123 159776.04,1300495.99 TANGENT: 10.48 3145 159819.52 1300475.66 3185 3184 N 49°41'32" W N 00°23'20" E 40.17 104.11 159845.58 159949.61 1300445.03 1300445.73 Closure Error Distance> 0.0059 Error Bearing> S 63°20'04'' W Closure Precision> 1 in 173736.1 Total Dista~ce> 1019.54 LOT AREA: 41222 SQ FT OR 0.9463 ACRES BLOCK 1 TOTAL AREA: 41222 SQ FT OR 0.9463 ACRES ~t,11~ · PLANNING DIVISION i-t,lo~ l'jf()tl WAIVER OF SUB MITT AL REQUIREMENTS'-"1o6~ 0 ~ ""€ ~ FOR LAND USE APPLICATIONS 0£.t ~ \ D o.~ct\\lt •••••· .·.· LAND USE PERMIT SUBMITTAL ···•· • .. . . •• •.. REQlllREMENTS: • / • WAIVED •MODIFIED. .., .. ····················· . ·. < \ COMMENTS: ..... . •· .·• BV: BY.: . Calculations, ()olote<:t Maj:)sJe>r Display,; • ..• • • • U .... J.lt.j...·---+'--• ....;.,...;.• •• '--. / ••c...+-+-'= .... _ ..... ·_··. ·-~··~ ....·-'-'·-·--'-'-··-'-'-·-...;..;..l Construction Mitigation Description 2 AND• DeEl<I ()f Right,of-Way Dedication : • Density Worksheet 4 .... •• Drainage ControLPlan 2 • • • • . • • ii: ••••.•• •·•·•••· Drainage Report , EleVations, Arctiite6tural 3 AND 4 ... . Environmental Checklist , Existing covenants (RecordedCopy), . .. Existing Easements (Recorded Copy) , Flood 1-lazafd baia, •. • .·· .. ... .. . . .. ······ .... Floor Plans >AND, """ ·: ' ' .. Geotechnica.1 Report2ANoa •• • . ... Grading Plan, Conceptual, Grading Plan, Detailed, ·• · ··•·•••• ·· ....... . Habitat Data Report 4 Improvement Deferral 2 ·• • Irrigation Plan 4 l<i ng County Assessor's Map indicatil'lg $ite, ·• • .... • Landscape Plan, Conceptual• Landscape.Plan, Detailed.• ••••••']'ffif ••• ·· •· .. •· Legal Description , List of Surrounding Property Owners, .. . ... . : ., :· Mailing Labels for Property Owners • Map oi Existing Site Condttions 4 ••••••••••• Master Application Form• Monifrr\~ijfQards (cl@per monument) 1 ........... < • Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section H :\Forms\Plann ing\waiverofsubmittalreqs .xis ;,;;,;;,cccccccc • • ••••• ·;·;;;_,,,,,,-.. :: .. ''' :_· .. , ; . ...... . . .. ...... •.... ..· ......... / ········ ••.· ••••••••••• ••••••• ..· "''. ······· . . ... " .:.::. -·',:; :" •••••• : :: :· .. -=-==:·:: .: •••••• . . • •••• •••• ······ .. . . ff>······· . ••••• ·. . ... .. .. •• • ••••••••• .. . .. • • . ··· ... " : ... : ;,: ... _ :·: ::::::::: ·_,, •••• •••••••••• •• :SC: , .. ' : ·····.···· •••••••• . • .... ······· . ..... •••••••• •••••••• • ......... ···.·.· . ·· . •• •• •• •• • • •• ••••••• •• :' :· ,;;;::,:::::::::: ,,. :·:::::::,, : ... . .. . ••• • ••••••••••• PROJECTNAME: TAt.13or I Kib6..~ r,,:::--sr.-+1e5 / DATE: /.2_ !-=u/o!( ~I 02/08 , PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS ...••... !,/\NDlJSE "ERMit SI.JBMliiAL • REQUIREMENTS: Parking, Lot Coverage & Landscaping Analysis , Plan Reduclions (PMTs) , ···•· • .. · •·· ····•· Plat Name Reservation , Po'StagE{4 ;: :··: ;:.:s:.-.-,,·, = _· ,,,,,·,·.,, :. : .· .. . .. Preapplication Meeting Summary 4 Putilic Works Approval Letter{ :/ : .:::··· Rehabilitation Plan 4 scifoeriing oetaii t ··:::::: ;;;;;;;;· ·c::::.::::_::::;;;:,·:c:,, ::::·.:: ::. ::::: :·:::·:· :::::::: ::::::: Site Plan 2 AND 4 Stream otLake Study.Standard 4 ·•• .. . · ... Stream or Lake Study, Supplemental 4 stream oiJ .. ill<e Mitigation Plan , • .. . .. • • • • .·•····· Street Profiles 2 Title Report or Plalcertilicate 4 Topography Map, Traffic Study 2 \ : Tree Cutting/Land Clearing Plan 4 LJitfan. Qenter.b~siifo overlay Oistrici • Rew rt 4 :::.:: 1-:: Utilities Plan, Generalized 2 W~!l~hc:ts r-Aitig<1ti6n Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands Report/Delineation 4 .· .· Wireless: ······ ...... -:'··::.: Applicant Agreement Statement, AND 3 Inventory of Existing Sites 2 AND, Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND, This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section H :\Fomis\Planni ng\waiverofsubmittalreqs .xis .. WAIVED BY: .. . ... . ... . ......•. • ..... .. . . ...... :::::::=, ' ,' ... : ::::: .. 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"""" :::·:::: PROJECT NAME: T/11..-./30, .£1,0<>:e ES?,+7e.~ DATE: ____ /_Z-_/_.3_/ /~c,~,r ___ _ 02/08 i _,{Ao~--\ s;-o City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Talbot Ridge Estates LLC PROJECT OR DEVELOPMENT NAME: Talbot Ridge Estates, Final Plat ADDRESS: 11711 SE. 8th Street Suite 310 PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: SE 192nd St. and 102nd Ave. SE CITY: Bellevue, WA. ZIP: 98005 Renton WA 98055 TELEPHONE NUMBER: 425-283-0779 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0522059045 APPLICANT {If other than owner) NAME: Same as owner. EXISTING LAND USE(S): vacant -undeveloped COMPANY (If applicable): PROPOSED LAND USE($): detached -single family ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Low Density CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A TELEPHONE NUMBER R-4, KC R-6 EXISTING ZONING:-~ o.ni -~ 1 CONTACT PERSON PROPOSED ZONING (if applicable): N / A NAME: Cliff Williams SITE AREA (In square feet): 190,115 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (ii applicable): DEDICATED: 2 8, 7 9 6 s. f. Development Management Engineers SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: N/A 5326 SW Manning Street PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (If applicable): Seattle WA 98116 NUMBER OF PROPOSED LOTS (if applicable): 22 TELEPHONE NUMBER AND E-MAIL ADDRESS: 206-714-7161 NUMBER OF NEW DWELLING UNITS (If applicable): N/A cliff@siteme.com Q:web/pw/devserv/forms/planniog/masterapp.doe 09119/0l PROJECT INFORMATl;:.;:...=O:...:..N:...:(L.:C,c..:;;.on:..:.;t:.:.:in:..:u::..::e..::.d,...._l ______ ~ NUMBER OF EXISTING DWELLING UNITS (ii applicable): 0 PROJECT VALUE: SQUARE FOOTAGE OF PROP~SED RESIDENTIAL BUILDINGS (if applicable): . N A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (If applicable}: SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A CJ AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFER PROTECTION AREA TWO BUILDINGS (ii applicable}: N / A o FLOOD HAZARD AREA 0 sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (If applicable}: N/A o GEOLOGIC HAZARD 0 sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if o HABITAT CONSERVATION 0 sq. ft. applicable): N/A o SHORELINE STREAMS AND LAKES 0 sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (If applicable): N/A o WETLANDS 0 sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach leaal de5criotlon on separate sheet with the followina Information included\ SITUATE IN THE NW QUARTER OF SECTION 5 , TOWNSHIP 2 2, RANGE 5 , IN THE CITY ---OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Final Plat 3. 2. 4. Staff will calculate applicable fees and postage: $ : ~ o o '.;.;'. AFFIDAVIT OF OWNERSHIP . (;,, e. -~~s, 1.-"' (Signature of OWner/Repreeentallve) Q:web/pw/devser\'/forms/planninglmastenipp.doc 2 09/19/05 CORE DESIGN, INC. BELLEVUE WA 98007 LEGAL DESCRIPTION Core Project No: 04120 2/15/05 The north half of the of the northwest quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT 192nd Street and 102nd Avenue Southeast; ALSO EXCEPT that portion lying south of an existing fence, described as follows: Beginning at a point on the west line of said northwest quarter 33.66 feet south of the northwest corner thereof; Thence south 00°22'25" west along the west line of said northwest quarter 261.46 feet to said existing fence; Thence along said fence south 88°28'15" east 215.76 feet, south 88°47'51" east 299.07 feet and south 88°12'26" east and extension thereof 139.20 feet to the east line of said northwest quarter of Government Lot 4, and the terminus of said line. 04120LOI ALTA Commitment.doc, 12/15/08, page 1 DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 190, 11s. square feet 2. Deductions: Certain areas are excluded from density calculations. These Include: Public streets .. 28,796 square feet Private access easements** square feet Critical Areas• square feet Total excluded area: 2. 28,796 square feet 3. Subtract fine 2 from line 1 for net area: 3. 161,319 square feet 4. Divide line 3 by 43,560 for net acreage: 4. _3_. _7o ___ acres 5. Number of dwelling units or lots planned: 5. __ 2_2 ___ units/lots 6. Divide line 5 by //ne 4 for net density: 6. s . 94 = dwelling units/acre •critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations Including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. •• Alleys (public or private) do not have to be excluded. R:\PW\DBVSaRV\:P'omJ.$\PJanning\dcnsity.doe· Last updmcd: 11/08/2004 1 ,,,..--..., CORE ~DESIGN Core Design, Inc. 1471 I N.E.29thPlace,Suite 101 Bellevue, Washington 98007 425.885.7877 Fax425.885.7963 www.coredesigninc.com October 27, 2008 Core No. 04120 City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98055 Subject: Talbot Ridge Estates Final Plat Attention Final Plat Reviewer: As a requirement for Final Plat submittal, the following comments will address the Conditions of Approval from the Hearing Examiner for the above referenced project. 1. Compliance with all platting provisions of Title 19A of the King County Code. This condition will be met through the review and approval of the Final Plat. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. The required signatures will be provided on the Final Plat. The City of Renton's standard dedication/certification has been included on the plat. 3. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. This condition has been/will be met through the platting process. 4. The applicant shall provide the TOR certificate with the submittal of the engineering plans and the final plat. If the TDR certificate cannot be obtained, the applicant shall redesign the number of lots based upon the allowable density. This will result in the reconfiguration and loss of lots. This development does not utilize the Transfer of Development Rights option. The site plan has been developed to meet the standard zoning requirements. There is no TDR certificate to provide. 04120ltr06 Final Plat Response ENGINEERING PLANNING SURVEYING 10/27/2008 Final Plat Reviewer page 2 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended ( 1993 KCRS). This condition will be met by the completion of construction as shown on the approved engineering plans. 6. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. This condition will be met by the completion of construction of the proposed water facilities as shown on the approved water plans and action taken by the developer. 7. Final Plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. ODES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DOES Engineering Review, shall be shown on the engineering plans. These conditions have been met through the review and approval process of the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # _____ on file with DOES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be 04120ltr06 Final Plat Response 10/27/2008 Final Plat Reviewer page 3 constructed at the time of the building permit and shall comply with plans on file." As amended and agreed upon by Kayren Kittric a revised version of this note has been included on the Final Plat. d. The stormwater facilities for this site shall be designed to meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the 2005 King County Surface Water Design Manual (KCSWDM). A Surface Water Drainage Adjustment (L05V006 l) is approved for this site. All conditions of approval for this adjustment shall be met prior to approval of the engineering plans. These conditions have been met through the review and approval process of the engineering plans. e. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP' s for site development. This development has been approved with the understanding that the allowable impervious area of each lot will be specifically restricted to satisfy the Best Management Practices requirements. A covenant and table listing the maximum allowable impervious area for each lot has been shown on the Final Plat. 8. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the road, onsite grading and compaction, drainage detention vault, and any required retaining walls. The geotechnical recommendations shall be included in the TIR and incorporated into the design with submittal of the engineering plans. These conditions have been met through the review and approval process of the engineering plans. 04120\tr06 Final Plat Response 10/27/2008 Final Plat Reviewer page 4 9. Special geotechnical construction inspection of the road improvements, onsite grading and compaction, drainage detention vault, and any required retaining walls is required to ensure compliance with the geotechnical recommendations. Daily inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. Notes requiring the above shall be shown on the engineering plans. This condition has been met by action taken by the developer and his geotechnical engineer. Following the completion of construction of the site's improvements the Final Construction Report will be provided. The required notes have been included on the engineering plans. I 0. Geotechnical engineer review of the future home foundation construction 1s required. Notes to this effect shall be shown on the engineering plans and the final plat. The required note has been included on the approved engineering plans and Final Plat. 11. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard, with a cul-de-sac at the west end. If Road A is improved with only a 24-foot roadway width, then it shall be signed "No Parking" on both sides of the road. b. FRONT AGE: The frontage along I 02nd Ave SE shall be improved at a minimum to the urban neighborhood collector street standard (west side). The design shall require compliance with Section 4.0l(f) of the KCRS; asphalt overlay when widening. c. FRONTAGE: The frontage along SE 192nd Street shall be widened and lowered, as approved by DOES and in compliance with the conditions of approval for Road Variance L05V0066. The frontage shall be widened to the urban neighborhood collector standard on the south side. The road lowering is required to improve the entering and stopping sight distance at the SE 192nd Street/I 02nd Ave SE intersection. Details of this improvement shall be shown on the engineering plans and routed to KCDOT for approval. This condition will be met by the completion of construction as shown on the approved engineering plans. Completion of the regrading of 192nd Street will be deferred till June 30, 2009. For a point of clarification, the Hearing Examiner's condition is in error. The roadway will be raised and not lowered to improve stopping sight distance. 04t20ltr06 Final Plat Response 10/27/2008 Final Plat Reviewer page 5 d. The proposed private access tract and joint use driveways shall comply with Sections 2.09 and 3 .0 I of the KCRS, unless otherwise approved by DDES. These tracts shall be owned and maintained by the lot owners served. Notes to this effect shall be showed on the engineering plans and the final plat. The improvements for these tracts have been designed to comply with the required standards. Appropriate notes assigning ownership and maintenance have been included on the Final Plat. e. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. No modifications have been proposed. 12. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. This condition will be met by action taken by the developer and the City of Renton. 13. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (I) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building pem1it issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. As a result of the annexation of this project into the City of Renton all fees are required and will be paid prior to Final Plat approval. 14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. The property is within the Kent School District. As a result of the annexation of this project into the City of Renton all fees are required and will be paid prior to Final Plat approval. 04l201tr06 Final Plat Response 10/27/2008 Final Plat Reviewer page 6 15. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. The required note has been included on the Final Plat. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DOES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. The required plans have been submitted and approved by King County and provide for the necessary requirement. The approved landscape plans have been included with the submittal of the Final Plat. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. The developer will provide the required bond prior to Final Plat approval. 17. A homeowners' association or other workable organization shall be established to the satisfaction of ODES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Prior to Final Plat approval the developer will establish the Talbot Ridge Estates Homeowners Association and provide the Secretary of State's Certification of Incorporation. A draft copy of the Covenants, Conditions and Restrictions for the homeowners association has been included with the submittal of the Final Plat. 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21 A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of~way. 04120ltr06 Final Plat Response 10/27/2008 Final Plat Reviewer page 7 c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. These conditions have been met through the review and approval process of the landscape plans for this project. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The required note has been included on the Final Plat. e. The species of trees shall be approved by DOES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. These conditions have been met through the review and approval process of the landscape plans for this project. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 192nd Street and/or 102nd Avenue SE are on a bus route. If SE 192nd Street and/or 102nd Avenue SE are a bus route, the street tree plan shall also be reviewed by Metro. These conditions have been met through the review and approval process of the engineering plans. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after ODES has completed a second inspection and determined that the trees have been kept healthy and thriving. 1. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. These conditions will be met by action taken by the developer. 04120ltr06 Final Plat Response 10/27/2008 Final Plat Reviewer page 8 19. To implement S0-220 pursuant to former KCC 2 IA.38.230, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention and engineering plans shall be consistent with the requirements of S0-220. No clearing of the site is permitted until the tree retention plan is approved by DDES. Flagging and temporary fencing of trees to be retained shall be provided, consistent with S0-220. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited with the fenced areas around preserved trees, except as may be permitted under the provisions of S0-220. These conditions have been met by action taken by the developer. A note shall be placed on the Final Plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with KCC 21A.38.230(8)(6). The tree retention plan shall be included as part of the final engineering plans for the subject plat. The tree retention does not show any trees to be retained on individual lots. The note is not necessary and has not been shown on the plat. 20. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources. Immediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present. The developer will comply with this condition in the event that any archaeological objects are uncovered. 21. All future residences constructed within this subdivision are required to be sprinkled NFPA l3D unless the requirement is removed by the King County Fire Marshal or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20-foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement driving surfaces between curbs must be a minimum of 28 feet in width when parking is allowed on one side of the roadway, and at least 36 feet in width when parking is permitted on both sides. Additionally, minimum 20-foot wide driving surfaces must be provided on Tracts A and B, and the driveway serving Lot 11; or residences constructed on Lot 11, and Lots 16 through 19 and 23 through 26 will have to be sprinkled. 04120ltr06 Final Plat Response . . . 10/27/2008 Final Plat Reviewer page 9 The roadway has been constructed the necessary 28 feet wide, no parking signs will be installed along one side of the street in order to qualify for the removal of the sprinkler requirement. Tracts A and B has been constructed with a 22-foot wide driving surface. No parking signs will be installed on both sides of the street in order to qualify for the removal of the sprinkler requirement. For clarification purposes, the lot number report in the Hearing Examiner's conditions were based on an earlier 27-lot site plan which is no longer applicable. I trust this will satisfy the City's Final Plat submittal requirements regarding the Hearing Examiner's Conditions of Approval. Sincerely, C~RE. JES~GN~ 11 . . MJJ~- Stephen Schrei, PLS Senior Project Surveyor 04120ltr06 Final Plat Response Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue.this CERTIFICATE OF INCORPORATION to TALBOT RIDGE ESTATES HOMEOWNERS' ASSOCIATION a/an WA Non-Profit Corporation. Chruier documents are effective on the date indicated below. Date: 12/18/2008 UBI Number: 602-886-589 APPID: 1326978 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State PACIFIC NORTHWEST TITLE COMPANY OF W.'\SHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, Dave Maddux (davemaddux@pnwt.com) Senior Title Officer, Pete Harper (peteharper@pnwt.com) Unit No. 4 FAX No. (206) 343-8402 Telephone Number (206)343-1353 Talbot Ridge Estates 11711 SE 8~ Street, Suite 310 Bellevue, Washington 98005 Attention: John O'Neil Your Ref.: Talbot Ridge Estates Title Order No. 686504 CERTIFICATE FOR FILING PROPOSED PLAT PLAT CERTIFICATE SCHEDULE A GENTLEMEN, In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, page 2, attached. IS VESTED IN, TALBOT RIDGE ESTATES LLC, a Washington limited liability company SUBJECT TO THE FOLLOWING EXCEPTIONS, As on Schedule B, attached hereto. CHARGE, TAX, $200.00 $ 18.00 TOTAL CHARGE, $218.00 RECORDS EXAMINED TO, December 4, 2008, at 8,00 a.m. PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. Dave Maddux Senior Title Officer Unit No. 4 PLAT CERTIFICATE SCHEDULE A Page 2 Order No. 686504 The land referred to in this certificate is situated in the State of Washington, and described as follows: The north half of the northwest quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT 192nd Street and 102nd Avenue Southeast; ALSO EXCEPT that portion lying south of an existing fence, described as follows: Beginning at a point on the west line of said northwest quarter 33.66 feet south of the northwest corner thereof; Thel}ce south 00°22' 25 11 west along the west line of said northwest quarter 261.46 feet to said existing fence; Thence along said fence south 88°28'15 11 east 215.76 feet, south 88°47'51" east 299.07 feet and south 88°12 1 26" east and extension thereof 139.20 feet to the east line of said northwest quarter of Government Lot 4, and the terminus of said line. END OF SCHEDULE A GENERAL EXCEPTIONS: PLAT CERTIFICATE Schedule B Order No. 686504 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (bl reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: PLAT CERTIFICATE SCHEDULE B Page 2 Order No. 686504 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns Telephone pole line The north 7 feet December 20, 1963 5678862 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Puget Sound Power & Light Company, a Mass corp. Electric transmission lines The North 7 feet of said premises May 26, 1955 4577287 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Puget Sound Energy, Inc., a Washington corporation Utility systems Portion of said premises October 26, 2007 20071026000641 4. RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: August 19, 1956 4719476 ( continued) PLAT CERTIFICATE SCHEDULE B Page 3 Order No. 686504 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: RECORDED: RECORDING NUMBER: REGARDING: JWO LLC, and King County Fire Protection District No. 37, a Washington special purpose district February 13, 2007 20070213001020 Voluntary Mitigation Agreement and costs related thereto 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Belmont Homes, Inc., a Washington Corporation Pacific Northwest Title Company of Washington, Inc .. Eastside Commercial Bank, N.A. $4,290,000.00 March 21, 2007 March 26, 2007 20070326002735 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Belmont Hornes, Inc., a Washington corporation Chicago Title Insurance Company John W. O'Neil and Erika 0 1 Neil $510,000.00 March 26, 2007 March 27, 2007 20070327000416 The amount now secured by said Deed of Trust and the terms-upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. (continued) PLAT CERTIFICATE SCHEDULE B Page 4 Order No. 686504 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: AFFECTS: Robert P. Wenzl and Susan L. Wenzi, husband and wife Chicago Title Insurance Company John W. O'Neil and Erika O'Neil $510,000.00 March 26, 2007 March 27, 2007 20070327000417 Includes other property The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 9. Matters disclosed on a survey recorded under Recording Number 9810289008. NOTE 1: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: TAX ACCOUNT NUMBER: LEVY CODE CURRENT ASSESSED VALUE: 2008 052205-9045-02 5090 Land: $1,562,000.00 Improvements:$0.00 GENERAL TAXES: $19,501.08 SPECIAL DISTRICT: $2.70 $9.99 TOTAL BILLED: $19,513.77 PAID: $19,513.77 END OF SCHEDULE B Title to this property was examined by: Dick Chase Any inquiries should be directed to one of the title officers set forth in Schedule A. Cc: Development Management Engineers, LLC/Cliff Williams Cc: Core Design/Steve Schrei MN/20080609000252 • Sec. 5, Twp. 22 N., Rg. 5 E. KING ~,, ... ,.,snr PACIF1C NORTHWEST TI1LE Company of Washington, Inc. at.t,<,· ,. ® 4 Order No. 686504 IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. N t CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 ________________________ DEVELOPMENT PLANNING CITY OF RENTON Printed: 12-31-2008 Payment Made: Land Use Actions RECEIPT Permit#: LUAOS-150 Receipt Number: DEC 3 1 2008 RECEIVED R0806485 Total Payment: 12/31/2008 02:41 PM 1,000.00 Payee: TALBOT RIDGE ESTATES, LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 4068 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 .oo .00 .00 .oo .oo .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .oo .00 .00 .00 .00 .00 .00 .00 .00 ' p. l ,Aug 07 08 09:0Sa CliFF Williams Belmont Ho 2068331049 I TO: Talbot Ridge Estates, LLC 11711 SE S'h Street, Suite 310 Bellevue, WA 98005 FACSIMILE TRANSMITTAL SHEET HlOi\l· Ken Gbsby (original request sent to SCWSD) Cliff Willi,1ms U):'IJP,\:',Y· l),\TJ·:: City of Renton 08/07/08 TOT.\L NO. OF P.\UES JNC1.UD1NG COYE]~· (425) 430-7288 3 JJI 10).:E NU\IHER, snNDER'S REFFRU\CE ;\'U:'IJHliR: Talbot Ridge Revised FH Locations D URGENT X FOR ACTION D PLF:.-\~E RE.PLY X PLEASE RE\'! E\X' 0 AS REQUESTED :-JOTJ -:s/(lJ;\l ,\11 i".'-J'l 'S: PER COMMENTS FROM RENTON FD, THE ATTACHED SHOWS THE PROPOSED LOCATIONS FOR TWO FHS. PLEASE NOTE, THE EASTERLY FH IS TO BE LOCATED WITHIN A MINIMUM CLEARANCE EAST OF THE PROPOSED MAIL BOX CABINET. A VERTICAL CURB WILL BE INSTALLED BETWEEN THE ROLLED/VERTICAL CURB TRANSITION WEST OF THE MAIL BOX TO THE CURB RAMP AT 102"0 AVE. THE STREET TREES WILL BE RELOCATED, AS NEEDED. Any Questions, please call or email, cliff@belmonthomeswa.com TLL 20() 7J-t-7J6JJ:_\X 20(, 9.13-lfl-1') THAJ\JK i ·ou. Hovl' a great d(!)'! . Aug· 07• 08 09: 06a .> CliFF Williams Belmont Ho 206~331049 p.2 ~ 16 V PROP. 12"so 15 EX. STORM (TYP.) EB ---1" DTE: -...._ ---==--..:._-::;=:J=.======~&S::UJJ! !STALL PRIVATE WATER SERVICE ---_ NES FOR PROPOSED LOTS 13 & 14 I THE PRIVATE ACCESS EASEMENT RIOR TO PAVING (TYP.) 19 SS) TRACT "A"..--...... (PRIVATE ACCE I 18 PROP. a"ss 16 3TD. 26' PERM. ESMT-. _;.....~1 (ALL OF TR. "A") ~8" DI rAIN 10' MIN. 'R./SEWER RATION (TYP.) 5 -PROP. STREET TREES ( TYP,) v17 1-8"x4"TEE MJxFL 1-4"GV (Flx J) 4 ~1-8" GV (MJxMJ) (SET GV 3' MIN. FROM CURB. GV TO REMAIN CLOSED UNTIL FUTURE CONNECTION TO SOUTH. NOTE: 3 ----~-- 1--STD. 4"B0 ASSY.1 , (IN-PAVING) I I I I 20 I 21 .--II0°-4"D1 • _Jj ........... PR cu G 22 2 PROP. 8"SS Ni6W f'.'H @ X ;t{ \ N . C.. \ € if-lt_.~c'.. ~ F ~oM ff\ . l5 , r .. ------------------ 0 ' ; -==-=--__L/=r----- EX. 15 • 55 g EX. 3· AC W (ABAN -----i------ .WV N I "' -I ,J!' _ g _L .f.Xa.l!J2! ~-• EX.WV'S _,...--'------ SE 192~ :::e 3: ci • ., x Lu I I I 10' w ~ Cl z PROP. SIDEWALi' CURB,& GUTIER (TYP .) TIN. t -8"xa· 2-8" G\. 1-8" AO 2-8"D1 '. 2-8" SL EX. 30' ROAD ESI . ~ ' ... _, .Aug 07 a J 0 'D" PROP. 12"5D 2· 12 I I 1-8" 45'BEND(MJxMJ)1 4' PERM. ESMT ·I 3'TYP. / p.3 -- NOTE: -- INSTALL PRIVATE WATER SEF LINES FOR PROPOSED LOTS IN THE PRIVATE ACCESS EA! PRIOR TO PAVING (TYP.) ,..,...-nTRACT "B" I (PRIVATE ACC SS) I I 15 16 I l 1-5Y/'MVO STD. I FH ASSY. \ TF (PRI\ 18 I l SPACE) 1-B"xB"TEE (FLxFL)1~\\:'t=r ,-2-B"GV'S (FLxMJ) \ ei 1-B"ADAPT. (FLxMJ) \, ~ 10 ' g 7 -l----- MAINTAlN 10' MIN._ WATER/ SEWER SEPARATION (TYP.) I ~O'~L PROP. STREET LIGHT (TYP.) 7 EX. FENCE 6 1-STD. 4" BO ASSY. (OFF-PAVING) 5 -22-5 W1083 ONSITE ESMT. ® NOTE: TRACTS "A" & "B" ARE DESIGNATED FOR PRIVATE ACCESS. NOTE: INSTALL PRIVATE WATER SERVICE LINES FOR PROPOSED LOTS 13 & 14 ---• __ ,. • .-.. rr 5 ESM" v 1-8"x4"· 1-4"GV PROP. STREET TREES (TYP.) 4 1-8" GV (MJ> (SET GV 3' M CURB. GV TO CLOSED UNT\l CONNECTION OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: hearex@metrokc.gov February 21, 2007 REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. LOSP0007 Proposed Ordinance No. 2007-0050 Location: Applicant: TALBOT RIDGE ESTA TES Preliminary Plat Application At the southwestern comer of the 102nd Avenue Southeast and Southeast 192nd Street intersection, Renton Belmont Homes, Inc. represented by Cliff Williams P.0.Box240I Kirkland, Washington 98083-2401 Telephone: (425) 893-8478 King County: Department of Development and Environmental Services (DOES) represented by Trishah BuU 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-6758 Facsimile: (206) 296-7051 SUMMARY OF RECOMMENDATIONS/DECISION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing Closed: Approve subject to conditions Approve subject to revised conditions Approve subject to revised conditions January 30, 2007 January 30, 2007 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. FINAL BEV1EW CO];>Y L05P0007 -Talbot fudge Estates Page 2 of 12 · FINDINGS, COJ>ICLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. General Information: Owner/Developer: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Robert Wenzl Belmont Homes, Inc. PO Box 2401 Kirkland, WA 98083-240 I 425-893-8478 Core Design 14711 NE29"'Place, #101 Bellevue, WA 98007 425-885-7877 NW 5-22-5 The property is located at the southwest comer of the 10200 Avenue SE and SE 192"' Street intersection. R-6-SO 4.36 27 6.2 units per acre Ranges from approximately 3,200 to 5,850 square feet Single-family detached dwellings Soos Creek Water and Sewer District Soos Creek Water and Sewer District King County District No. 37 Kent School District No. 415 Application completeness date: March 24, 2005 2. Except as modified herein, the facts set forth in the DDES reports to the Examiner and the DDES and King County Department of Transportation (KCDOT) testimony are found to be correct and are incorporated herein by reference. 3. The subject property is a near-rectangular parcel, 4.3 acres in area, located in the unincorporated County just south of the Renton city limits, in the southwest comer of the intersection of 102nd Avenue Southeast and Southeast 192nd Street (aka South 55th Street in the City of Renton street grid system). The property is located in the Springbrook Creek tributary area of the Black River sub-basin of the Lower Green River basin. The site terrain consists of a descent to the west from the I 02nd A venue Southeast frontage; the descent begins with gentle grades and becomes increasingly steep toward the west property line, although in the northwest comer of the site the L05P0007 -Talbot Ridge Estates Page 3 of 12 slopes remain moderate. The site is mostly wooded with a second and third-growth mix of coniferous and deciduous trees native to the Pacific Northwest. Second-story vegetation and groundcover consists of typical Northwest native species. No defined critical areas such as streams, wetlands, and landslide or erosion hazard areas are found on the site or in close proximity. The property is undeveloped strncturally. The surroundings of the site are developed with single-family residences. 4. Applicant Belmont Homes, Inc., proposed subdivision of the property into 27 lots for detached single-family dwellings, as well as separate tracts for recreation/open space and drainage detention, and for three private lot access tracts. The development will provide onsite recreation facilities consisting of a recreation area with a tot lot, sport court and play equipment, and pedestrian trails. Public road access would be provided by the extension of a cul-de-sac road due westerly from 102nd Avenue Southeast to tenninate in the west central portion of the site with an offset bulb. No direct vehicular access would be provided to fronting roads; the King County Road Standards (KCRS) require that lot access be taken from the most minor road frontages ofa lot, which in this case will require that access for Lots I, l 8 and 24-27 be taken from either the internal cul-<Je,sac road or the pertinent private road access tract, not directly from I 02nd Avenue Southeast or Southeast 192nd Street. 5. The lot density would be approximately 6.2 units per acre, slightly above the basic six units per acre normally permitted under the assigned R-6 zoning of the property through the authorized use of two dwelling unit density credits transferred pursuant to the Transfer of Development Rights (IDR) provisions of Chapter 21A.37 KCC. 6. The current property drainage consists of sheetflow overland to the west boundary, dmvnslope from the property's road frontage on 1 02nd A venue Southeast. The proposed stormwater management plan is to collect the shcctflow and divert it from its natural outlets toward Southeast 192nd Street to a drainage detention vault in the northwest comer of the site. The release from the detention vault will be subject to the Conservation flow control limits and Basic water quality requirements of the 2005 King County Surface Water Design Manual (KCSWDM), and will be conveyed in roadside ditching westerly along Southeast 192nd Street down to Springbrook Creek. A stormwater adjustment has been granted under file L05V0061 for the drainage diversion from its natural sheetflow off the property. 7. Due to the on site soils, the development will be subject to stringent geotechnical review conditions. 8. Traffic impacts of the proposed development will be adequately mitigated under applicable County code requirements as proposed. The development has been granted a traffic Certificate of Concurrency under Chapter 14.70 KCC. The development is also subject to the standard collection of MPS mitigation fee payments under Chapter 14.75 KCC, which apply to each dwelling unit. No intersection-standard mitigation under Chapter 14.80 KCC is required given the traffic levels generated by the development and the absence of High Accident Locations (HAL) affected by the development's traffic. Sight distance improvements are needed for the intersection of Southeast 192nd Street and 102nd Avenue Southeast, affected by the development's traffic. A road standards variance has been granted under file L05V0066 for the intersection, which variance still requires significant frontage improvements along Southeast 192nd Street beyond the standard curb, gutter and sidewalk improvements, including road L05P0007 -Talbot Ridge Estates Page 4 of 12 widening and reconfiguration of the road geometry, including lowering of the road surface and superelevation of the curvature to better meet the design speed standards for the roadway. 9. The development's resident public schoolchildren will be bused to their respective schools from a bus stop at the southeast comer of the Southeast 192nd Street/102nd Avenue Southeast intersection. The internal road/walkway improvements and the frontage improvements on I 02nd Avenue Southeast will provide safe walking conditions to the bus stop area, which is graveled and sufficient for pedestrian safety while children wait for their school buses. 10. The King County Fire Marshal has recently instituted a more assertive program of fire suppression rules applied to development, wherein if road widths are provided as narrow as the 1993 KCRS permit as minimums, then individual structures may be subject to individual fire sprinkling requirements at the residential building permit stage. The matter is therefore left to post-preliminary plat consideration by the Applicant in deliberating the relative viability of those alternatives, and any agreements which may ensue from discussions with the appropriate fire officials. The Applicant in this case is contemplating providing increased road widths, which can be accommodated within the development without significant changes to the basic lot layouts. 11. Former Chapter 21A.38 KCC's special overlay requirement S0-220 (Significant Tree Overlay) applies to the property. The Significant Tree Overlay standards require the development to retain a percentage of the significant trees onsite. To implement former KCC 21A.38.230, a detailed tree retention plan must be submitted with the engineering plans for the subdivision. 12. Neighboring and nearby property owners expressed concern about the legitimacy of the established R-6 zoning of the area. The Examiner is without authority to revisit the zoning, which apparently was imposed on a legislative basis in the mid-1990's to implement the Growth Management Act (GMA) when the subject area was included within the Urban Growth Area (VGA). {Despite an assertion that the subject area is a "rural" area, it is within an area undergoing urbanization within the UGA pursuant to the GMA.) Concern was also expressed regarding the maintenance of wildlife travel corridors in the area and the potential for urban development to block off such travel corridors, limiting wildlife choices and diverting wildlife travel down into the erosion-sensitive Springbrook Creek corridor. The subject property is not designated as significant wildlife habitat or a wildlife migration corridor, and there is no regulatory means of preserving any wildlife corridor onsite. The Examiner notes, however, that the western 20 percent of the site, approximately, will be preserved as unfenced open space through which wildlife could travel. 13. The City of Renton requests that the development be required to be improved under City of Renton development standards, given the potential for the property's annexation into the City. Given the absence of a pertinent Interlocal Agreement (ILA) which calls for the County to do so, the County is without authority to impose City of Renton development standards in the instant case. f L05P0007 -Talbot Ridge Estates Page 5 of 12 CONCLUSIONS: I. The proposed subdivision, as conditioned below, would conform to applicable land use controls. In particular, the proposed type of development and overall density are specifically pennitted under the R-6-SO zone. 2. If approved subject to the conditions below, the proposed subdivision will make appropriate provisions for the topical items enumerated within RCW 58.17.110, and will serve the public health, safety and welfare, and the public use and interest. 3. The conditions for final plat approval set forth below are reasonable requirements and in the public interest. 4. The dedications of land or easements within and adjacent to the proposed plat, as shown on the revised preliminary plat submitted on August 24, 2005, or as required for final plat approval, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. DECISION: 1be preliminary plat of the Talbot Ridge Es/ates subdivision, as revised and received August 24, 2005, is approved subject to the following condit10ns of approval: 1. Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. 4. The applicant shall provide the IDR certificate with the submittal of the engineering plans and the final plat. If the IDR certificate cannot be obtained, the applicant shall redesign the number of lots based upon the allowable density. 1l1is will result in the reconfiguration and loss oflots. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 6. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. L05P0007 -Talbot Ridge Estates Page 6 of 12 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location oflots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surfac.e Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DOES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by ODES Engineering Review, shall be shown on the engineering plans. c. The following note shall be shovm on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DOES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building pem11t. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." d. The stormwater facilities for this site shall be designed to meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the 2005 King County Surface Water Design Manual (KCSWDM). A Surface Water Drainage AdJustment (L05V0061) is approved for this site. All conditions of approval for this adjustment shall be met prior to approval of the engineering plans. c. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. 8. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the road, onsite grading and compaction, drainage detention vault, and any required retaining walls. The geotechnical recommendations shall he included in the TIR and incorporated into the design with submittal of the engineering plans. ,. L05P0007 -Talbot Ridge Estates Page 7 ofl2 9. Special geotechnical constrnction inspection of the road improvements, onsite grading and compaction, drainage detention vault, and any required retaining walls is required to ensure compliance with the geotechnical recorm11endations. Daily inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. Notes requiring the above shall be shown on the engineering plans. IO. Geotechnical engineer review of the future home foundation construction is required. Notes to this effect shall be shown on the engineering plans and the final plat. 11. The proposed subdivision shall comply with the I 993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard, with a cul-de-sac at the west end. If Road A is improved with only a 24-foot roadway width, then it shall be signed "No Parking" on both sides of the road. b. FRONTAGE: The frontage along 102 00 Ave SE shall be improved at a minimum to the urban neighborhood collector street standard (west side). The design shall require compliance with Section 4.01 (!) of the KCRS; asphalt overlay when widening. c. FRONTAGE: The frontage along SE 192"' Street shall be widened and lowered, as approved by DDES and in compliance with the conditions of approval for Road Variance L05V0066. The frontage shall be widened to the urban neighborhood collector standard on the south side. The road lowermg is required to improve the entering and stopping sight distance at the SE 192"' Street/ I 02 00 Ave SE intersection. Details of this improvement shall be shown on the engineering plans and routed to KCDOT for approval. d. The proposed private access tract and joint use driveways shall comply with Sections 2.09 and 3.0 I of the KCRS, unless otherwise approved by DDES. These tracts shall be owned and maintained by the Jot owners served. Notes to this effect shall be showed on the engineering plans and the final plat. e. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 12. All utilities within proposed rights--0f-way must be included within a franchise approved by the King County Council prior to final plat recording. 13. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (I) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building pennit issuance. Jfthe first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, . Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. L05P0007 -Talbot Ridge Estates Page 8 ofl2 14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed lo serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 15. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. 16. Suitable recreation space shall be provided consistent with the requirements ofKCC 21A.14.l 80 and KCC 2 IA.14.190 (i.e., sport court[ s ], children's play equipment, picnic table[ s], benches, etc.). a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any L05P0007 -Talbot Ridge Estates Page 9 of 12 other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to detennine if SE 192nd Street and/or 102"d Avenue SE are on a bus route. IfSE 192°• Street and/or 102"' Avenue SE are a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a perfonnance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after ODES has completed a second inspection and dctcm1ined that the trees have been kept healthy and thriving. 1. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 19. To implement S0-220 pursuant to former KCC 21A.38.230, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention and engineering plans shall be consistent with the requirements of S0-220. No clearing of the site is permitted until the tree retention plan is approved by DDES. Flagging and temporary fencing of trees to be retained shall be provided, consistent wilh S0-220. The placement of impervious surfaces, fill materia.l, excavation work, or the storage of constrnction materials is prohibited with the fenced areas around preserved trees, except as may be permitted under the provisions of S0-220. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with KCC 21A.38.230(B)(6). The tree retention plan shall be included as part of the final engineering plans for the subject plat. 20. In the event that any archaeological objects are uncovered on the site, the applicant shall comply with RCW Chapter 27.53, Archaeological Sites and Resources. Immediate notification and consultation with the State Office of Archaeology and Historical Preservation, King County Office of Cultural Resources and relevant tribes (including the Suquamish, Puyallup and Muckleshoot tribes) is required if discovered materials are prehistoric and a site is present. 21. All future residences constructed within this subdivision are required to be sprinkled NFP A l 3D unless the requirement is removed by the King County Fire Marshal or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20-foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement driving surfaces between curbs must be a minimum of 28 feet in width when parking is allowed on one side of the roadway, and at least 36 feet in width when parking is pennitted on both sides. L05P0007 -Talbot Ridge Estates Page 10 of 12 Additionally, minimum 20-foot wide driving surfaces must be provided on Tracts A and B, and the driveway serving Lot 11; or residences constructed on Lot 11, and Lots 16 through 19 and 23 through 26 will have to be sprinkled. ORDERED February 21, 2007. -- Peter T. Donahue King County Hearing Examiner 1RANSMITTED February 21, 2007 to the following parties and interested persons of record: Robert E. Burton City of Renton Core Design 19226 -102nd Ave. SE At1n: Rebecca Lind Attn: Robert Stevens Renton WA 98055 I 055 S. Grady Way 14711 NE 29th Pl., #IOI Renton WA 98057 Bellevue WA 98007 Kathy Dornan Patrick M. Hanis John Hicks 22724 -156th Ave. SE Hanis Greaney PLLC 103 13 SE 192nd St. Kent WA 98042 6703 S 234th St., #300 Renton WA 98055 Kent WA 98032-2900 Belmont Homes, Inc. Lozier Homes, Corp. Roger & Linda McDonald Attn: CJiffWilliams At1n: Jennifer McCall 10033 SE 192nd St. P.O. Box 2401 1203 -I !4th Ave. SE Renton WA 98055 Kirkland WA 98083-240 I Bellevue WA 98004 Lt. Larry Rabel John W. Ruth Jerry Schmelzer Fire District. #3 7 19406 -102nd Ave. SE 19218-102ndAve. SE 24611 -116th Ave. SE Renton WA 98055 Renton WA 98055 . Kent WA 98030 Harchand Raur Angrej Singh Mark Tullis Wayne & Jane Uyeta 19225 -102nd Ave. SE 10215 SE 192nd St. 19220 -l 02nd Ave. SE Renton WA 98055 Renton WA 98055 Renton WA 98055 Bob Wenzl Virginia Zemeck T rishah B uJJ Belmont Homes 19250 99th Pl. S DDES/LUSD P.O. Box 2401 Renton WA 98055 MS OAK-DE-0100 Kirkland WA 98083 Kim Claussen Lisa Dinsmore Nick Gillen DDES/LUSD DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 . { L05P0007 -Talbot Ridge Estates Page II ofl2 Steve Townsend Shirley Goll DDES/LUSD Kristen Langley DDES/LUSD DDES/LUSD MS OA.K-DE-0100 MS OAK-DE-0100 MS OA.K-DE-0100 Larry West DDES/LUSD Bruce Whittaker DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before March 7, 2007. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before March 14, 2007. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room l 025, King County Courthouse, 516 3'" Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement If a written notice of appeal and filing fee arc not filed within fourteen (14) calendar days of the date of this report, or ifa written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE JANUARY 30, 2007, PUB UC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENT AL SERVICES FILE NO. L05P0007. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Tri shah Bull, Bruce Whittaker and Kristen Langley representing the Department; Cliff Williams and Robert Stevenson representing the Applicant, and Robert Burton. The following Exhibits were offered and entered into the record: Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Department of Development and Environmental Services file no. L05P0007 Department of Development and Environmental Services Preliminary Report, dated January 30, 2007 Application for Land Use Permits received March 24, 2005 SEPA Environmental checklist received March 24, 2004 SEPA Determination of Non-Significance issued January 12, 2007 L05P0007 -Talbot Ridge Estates Page 12 of 12 Exhibit No. 6 Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Exhibit No. IOA IOB Exhibit No. 11 Exhibit No. 12 Exhibit No. 13 Exhibit No. 14 Exhibit No. 15 PTD:ms L05P0007 RPT Affidavit of Posting indicating a posting date of July 12, 2005; received by ODES on July 13, 2005 Preliminary plat map received August 24, 2005 (revised) Preliminary Storm Drainage Calculations and Level 1 Drainage Analysis by Core Design, received August 24, 2005 (revised) Preliminary Road & Grading Plan received August 24, 2005 (revised) Traffic Impact Analysis by Mimi Traffic Engineering & Planning, received March 24, 2005, Traffic Analysis Addendum, received August 24, 2005 Geotechnical Engineering Study by GEO Group Northwest, Inc., received March 24, 2005 Approved KCSWDM Adjustment L05V0061 dated November 17, 2005 Approved KCRS Variance L05V0066 dated September 21, 2006 Revised Fire Engineering Conditions for File no. L05P0007 dated 1/25/07 Additional recommendation no. 21 RIGHT OF WAY 1,ER SHORT PLAT --- REC. NO. 8811179001 Jo Jo .. ' tp108'31 '08": i --,,. __ \ i ~ / 22 . { -..-------.!i ... ' -' ' / \ ' ' \ • \ ' • \ ' /' ~./ / ' / j ' j / . . . / // ' I ./ / ,· •, • / ·, I •, \ / / / "--·····-----:----- . ------... .,,.--·· . I / I . i \ _./ \ \ ,,-· / // ,/ i ' / ' _,/ , , / ,/ 17 / / ,l ' / ,. 16 f / ,• ' , SEC. 5, TWP. 22N., RG£ 5£, W.M ·;, /. '• • 14 i ! --~--·-·· ! '· • .r.. ' I \ -----··-. ~=·:j \ FOUIID 4'' CONCRETE MOIL 1111TH SCRIBED "x'' • ' ,· ' ' F0Vtl!Ui1" REBAR W /YPC 1 { ./ ~~ / j -I .' \ • . . . I \. \. I , \ \ FOUND 4" CONCRETE MON. WITH PUNCHED 1/2" BRASS PLUG DOWN 0.5' IN CASE FOUND 4" CONCRETE MON. R=:157.00 i,=22'09'59" L~0074 ·--··--. ' ' I . . . . ':'. ::-~J)_\_·L·,i -~c-.,:-2---~----_,/ STAMPED;'2i546 Rll PINEtfL____ ;' "'·<::-3.j ,' -.. __ -.. ~~~ ON LINE , 10·1\EL EASEMEM r · \ -· ./: ~~· ) / ·, ----· ,,_ -·· -RE~5·f1~Lg:1~~~~~~;I-----1/,· -.,-':'. _ -------------_REC t1.° _'.'.8102~9008 L ~\ __ ----j ·1'"~:;J7, --/ ----1 --_.W.----- DOWN 1.5' IN GROIJ~lD --------~;,,e-..... ~ ' '--,:--FFCOiirurmm,··4r· C:co'il;niricRiFETFTE'"iMmoNN."'·'t,:">~"°· '""· ·"'-~'"-'·"-c..·"'·'""---..-. -..-..C"". ~---'=~--"'"'--'"'-·~-... 1,.l ~ _,, --~.~---+...c• "'"" ~-''iv 1 '-".i ·:,,~:_.,i. ,,-.,,, ., \ \'IITI 1 PUN CH ED 1'c1ci/ 2c.i" "'a~RA=ss~o 1-s K~ DOWN 0.4' IN CASE WITH PUNCHED 1" BRASS 'DISK ) DOWN 0.5' IN CASE • 0.02 N AND 0.10 E CALC. POS!JION N89'26'15"W ----/--3.1£' *'i'; _:1.=9•59 ·· N. LJNE cov'T LOT 4. SEC 5-22-5 / ) \ · \ T..li.Z'_fgr-----\ s.E:"1s2ND sT. !Of~=-.:--:-..,;.;__R-_-18-7:00---.... -. :_-_-::1a".:_.:-_-__ r, -__ -.-.. -. :...\,.~....!:--_ ~~N~89~'._~6~'_1~5"~W~3~9d1.;8f4t_J~Q2'.:'.,:_-_---.-:,JJ._-.-•.. ":'.·-· L--r-,-IOLf,_' _____ ..:::: __ ::::_::.,..,~,,---·-149.9,2 ==-==~,-\ _-_-_,AC: --NB-9"26'15"W ·~ ,::."'.o5'26'35" 1 l-7' POWEil EASEMENT -----~ --/'r, , .. -.. ·--~·---.. 6 103.19 . ____ .,,.{ '-.. . f -- ----~----·-~---------3•4536 ~---11---- 2618.62 MEASURED __ @ __ +261'3 50 REF. I _ 32 ') L=17.76 ~() 1 Q EC. NO. 5678862 . 18 " 4.4~2± SF. 5,342± SF. "' 0 0 I ' ,' ·. .. R=5:i.OO 1'=98'21'2?." Lc94.42 I07• R=390.0 1'=22'37'06" 2 4 L=153.96 30' --"" ....... .,, 48' ·:.--· ------,---------, I 1 ') .. " -c:i "' N w2 0 ('>.I N "' r< 0 0 ··--~ .. z 42,104± SF. TRACT 1D 1 REC. 5PACE 0 '!' 84' 14 3,5SI± SF. 80' 13 3,0~1± SF. - ~ '&. 0 ..,. 99' '3 r------------C..:«l:::'.j ;, <if• 0 12 .. ,=~~ ~---------.l,c_;$-·-· -· ~~',;,'' 3,'3&4± SF. -------------. FOUND 1.5" IRON PIPE ':JS' 2 9.87' W or PROP. CORNEri 119' 0.07' S OF PROP. LINE EXTENDED TRACT B16± SF. 1c, 11 5,331± SF. I 85' 10 3,500± SF. B9' 15 19,131± SF. /ROAD! L_ 42' 2 10 ill 3,ISI± SF. r r -co 2B' 25 10'3' ,_ _____ _;:_..:._ ______ 1~ 1'3 4,300± SF. 10'3' 55' 20 - 4,901± SF. o'i 40' B Q 3,002± S.F. "' 40' 1 (l 3,5S5± SF. "' 54' 21 4,510± SF. 54' 40' :,,850± SF. 4,~01± SF. • '30' "'o 91' 23 20 4,113± SF. - <( 4,051± SF. 01• . " u.. '30' r-------------1. t-'"· t-------------1 Or \ "0 ~ Q~NQ -<[t- '" U) RC)AD A 40' 22 S,021± SF. 91' 40' - OL'~ t-U) "' 26' 40' 21 4,BII± SF. 4C' 20' 30 ~~-~--· -------·-------. 0 0 3,58~> SF. 0 ' 5 () 3,583± SF. "' 4 <P 3,511> SF."' 3 "' 3,514± SF."' E. LINE N Ya NW )\, Ov'T LOT 4, SEC 5-22-5 _ _,_ ___ _, 1 3,915± SF. U) 2 (l 3 'B'•SF "' p :J-- "' 7 J i . . l .. ------------- " L. '----' . ' ""'·· / 100' 3 40' 40' ··-----------··------------ >---·---,-- I ' N88'27'20"W 215. 76 __ ,. " ·-- NOTES ~=.!.,!=c.._ ________________________________ _ LALL TITLE 1Nf0Fa1ATION Si.JOUN ON Ti.JIS MAP i.JA5 61:EN EXTRACTED FROM AL.TA. COMMITMEIIT, PACIFIC NORTI-IUJE5T TITLE COMPANY, ORDER NO; S81610, DATED NOVEM!3ER 16, 2004. IN PREPARING 11-!15 MAP, CORE DESIGN, INC. i.JAS CONDUCTED NO INDEPENDENT TITLE &EARCl-l NOR 15 CORE DESIGN, INC. AUJIRE OF ANY TITLE 15SUES AFFECTING THE SURVEYED PROPERTY OTHER THAN Ti.JO&!: SHOUN ON Ti.JI: MAP AND DliCLO&ED BY Ti.JI: REFERENCED PACIFIC NORTI-IUJEST TITLE COMMITI1ENT. CORE DESIGN HAS RELIED UJHOLL YON PACIFIC NORTI-IUJEST TITLE'S REPRESENTATIONS OF Ti.JI: TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN QUALIFIES Ti.JI: MAP'S ACCURACY AND COMPLETENESS TO Ti.JAT EXTENT. • . --' ' ' 2. Tf!IS SURVEY REPRESENTS VISIBLE PHYSICAL IMPROVEMENT CONDITIONS EXISTING ON FESRlARY IB, 200S. ALL SURVEY CONTROL INDICATED AS "FOUND" UJAS RECOVERED FOR TfllS PROJECT IN FEBRUARY, 100!'>. 3. PROPERTY AREA • l<:J0,123± SQUARE FEET I 4364€>± ACRES!. 4. ALL DISTANCES ARE IN FEET. S. THIS 16 A FIELD TRAVERSE 6URVEY. A SOl<KIA FIVE SECOND COMBINED ELECTRONIC TOTAi. STATION UJAS USED TO MEASURE TflE ANGULAR AND DISTANCE RELATIONSf.!IFS SE1UEEN THE CONTROLLING MONUt'ENTATION A6 SHOUN. CLOSURE RATIO$ OF Tf.lE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN UJAC 332-130-0'lO. ALL MEASURING INi:iTRUMENT5 AND EQUIPMENT HAS ElEEN MAINTAINED IN ADJU6TI1ENT ACCORDING TO MANUFACIURER'S SPECIFICATIONS WITHIN ONE YEAR OF THE DATE OF Tf.116 SURYEYDISTANCE MEASURING EQUIF!1ENT HAS SEEN COMPARED AT AN N.G.6. 6A6ELINE WITHIN ONE YEAR OF THE DATE OF THIS SURVEY. 0, UTILITIES OTHER THAN THOSE SHOu.N MAY EXIST ON THIS SITE. ONLY THOSE UTILITIES UJITH EVIDENCE OF THEIR INSTALLATION VISIBLE AT GROUND SUFifACE ARE 51-!0U.N HEREON. UNDERGROUND UTILITY LOCATIONS SHOUN ARE APPROXIMATE ONLY. UNDERGiROUND CONNECTIONS ARE SHOUN AS STRAIGHT LINES 6E1UEEN 5Ul<fACE UTILITY LOCATIONS BUT MAY CONTAIN SENDS OR CURVES NOT SHOUN, SOME UNDERGROUND LOCATIC.NS SHOUN HEREON MAY HAVE SEEN TAKEN FROM RlSLIC RECORDS. CORE DESIGN A66UMES NO LIABILITY FOR THE ACCURACY OF RlBLIC RECORDS. 1. 51:CTION 6UBDIVISION FER F'Afil<RIDGE EA6T I VOL. 132, F'G'S. 4S·4h, FOUND AND HELD NORH-RLEST SECTION CORNER AND HELD LINE TO FOUND NORTH QUARTER CORNER. BA61S OF ElEARING 15 NORTH LINE OF NORTHUEST QUARTER OF SECTION S. 40' 40' 40' 40' 40' N88'46'56"W 299.07 FOUND I /2" REBAR NO CAP __ S LlllE N Y,. NW )\, GOV'T LOT 4, SEC 5,22-5 10.75' E OF PROP. LINE ANGLE PT 0.1' S OF PROP. LINE SITE 6TATl5TIC6 SITE AREA -ROUJ DEDICATION NET SITE AREA NUME3ER OF LOTS PROPOSED DENSITY • . EXISTING ZONING CLASSIFICATION f'ROP05ED USE SANITARY SEUJER PROVIDER WATER 6UPPL Y SCHOOL DISTRICT FIRE DISTRICT TELEPHONE SERVICE ELECTRICITY PROVIDER NATURAL GA6 PROVIDER SETBACKS RECREATION AREA REQUIRED RECREATION AREA PROVIDED 190,123± 5F. /436± ACRES! 8,382 5F. IBl,141± SF. 21 6.41 D.UJACRE R-6-50 SINGLE FAMILY RESIDENTIAL 6005 CREEK UJATER AND SEUJER DISTRICT 5005 CREEK UJATER AND SEUJER DISTRICT KENT SCHOOL DISTRICT KING COUNTY FIRE DISTRICT 31 QWEST PUGET SOUND ENEF<!::,Y FU'.,ET SOUND ENEF<!::,Y FRONT -10 FEET SIDE· S FEET REAR -S FEET STREET SIDEY ARD -10 FEET GAR,lll;E -20 FEET 21 LOTS X 390 SQ. FT. • 10 ,E,30 SQ. Fr. 10,E,30 SQ. Fr. 45' ' ' ' -~--~. --------, ' ----- ~B8'11 '31"W 139.20 ,/' ... ----+ ~-2Lil'...R~ NJ,AP 29 l9' W OF PROP. CORNEIi Q(S' N OF PROP LINE LEGAL DESCRIPTION 20 THE NORTI.J f..lA.F OF THE OF THE NORTHUJEST QUARTER OF GOVERNMENT .OT 4, SECTION S, TOUJNSI.JIF 22 NORTI.J, RANGE B EAST, WM., IN KING CWNTY, WASHINGTON; EXCEPT l92NP.6TREET AND 102ND AVENUE SOUTI.JEAST; ALSO EXCEFTTHAT PORTION LYING SOUTI.J OF AN EXISTING FENCE, DE5CRIBED ·;;, FOLLOUJ$, BEGINNING ATA POINT ON Ti.JE WEST LINE OF SAID NORTI.JUJEST QUARTER 33.i,J, FEET SOUTH OF THE NORTI.JWEST CO~ER Tf.!EREOF, THENCE SOUTH 00"22'2S" WEST ALONG Tf.!E UJEST LINE OF SAID NORTI-IUJEST Q\ARTER 261.46 FEET TO SAID EXISTING FENCi=; THENCE ALON:, SAID FENCE 50UTf.! B8'28'1S" EAST 21S.10 FEET, SOUTf.! 88'41'SI" EA6T299.01 FEET AND SOUTH 88'12'26" EAST AND EXTENSICN Tf.!EREOF 13920 FEET TO THE EAST LINE OF SAID NORTI.JUJEST G!JARTER OF GOVERNMENT LOT 4, AND THE TERMINUS OF SAID LINE. TAX PARCEL/SITE ADDRESS TAX FARCEL, 0&2205904& SITE: ADDRESS, 19200 ElLK 102ND AVE: 6E: --·--- -...... ___ _ REFERENCE& I. THE FLAT OF FAl'il<RIDGE EAST I VOL. 132, F'G'5. 4S-4h 2. THE FLAT OF HI-VIEU! HEIGHTS VOL. 19, F'GS. lS-16 3. Ti.JE FLAT OF HI-F'Afil< TRACTS-1ST ADDITION VOL. 14, ffi 12 ' ' 4. CITY OF RENTON SHORT FLAT NO. Q&';l-$ Book 63 Cif:J SURVEYS, PAGE 243 . \--- S. SHORT FLAT NO. 384139, UNDER RECORDING NO. 86123011.54 BASIS OF BEARING& N 8<:J" 20' IB" UJ ElE1UEEN THE MONUMENT FOUND IN PLACE AT Tf.lE NORTH QUARTER COFiNER AND THE NORTI-IUJES T SECTION CORNER OF SEC. 5, TWP. 22N., RGI:. SE. Fi=R REF. I , DATUM NA.VD. 88 6ENC!-IMARK KING COUNTY POINT ' RENTIB12 COPPER PIN &ET IN 4 INCH SQUARE CONCRETE MONUMENT, LO' ElELOW IRON MONUMENT CA6E. LOCATED AT THE INTERSECTION OF 6. 192ND. STREET AND' ':l9TH Fl.ACE 6. ELEVATION 319.44 Fr. /91364 M! ,. ' .. ··---······'' . -··· ... ' ·-. .. . ' ""' ,. '"'"· . . ._..._:,.-•. , '''" --~-"'""·"""' -.,,. "' ,' 784. 70 , " ·-· "·-1179.20 ·--" VICINITY MAP APPROXIMATE SCALE l",4000' OWNER/ AFFL ICANT BELMONT flOME5 P.O. SOX 2401 KIRKLAND, UJASfllNGTON 98080-2401 CONTACT, CLIFF UJILLIAMS, FE. FflONE, (206! 114-1161 ENGINEER/PLANNER/SURVEYOR CORE DESIGN INC. 14111 NE. 29TH FL., SUITE IOI BELLEVUE, WASHINGTON 90001 CONTACT, ROBERT STEVENS, PE. -ENGINEER MICHAl=L CHEN • FLANNER STEPHEN J. SCHREI, F' l..6. · SURVEYOR PHONE, /42S! 885-1811 SCALE: 1 '' = 40' ', '" ,. · ,,,, · • H" '"· .· .. a., •" . ,~. , ;.-. ",,,,. --,~ c' ,-'«;\,f ",\ N-,· > · ,,-. !. ·,• de' U,,, ~ 1. ·a • , .c,'f '·": , , ', --~ • '"~.<"f'l'' 1 '( .,, •• •'>~k • '" 0 ,, z ! - - • -"" llJ llJ z -(,'.) z llJ SHEET OF 1 .1. PROJECT NUMBER 04120