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Home My WebLink AboutLUA-06-100_Report 1I 4 5 6 l 8 9 10 II 12 2 J 13 ~ DI ] 5 nlE_ ll~ I""" .... I ~ ) l ' I , .C ~ 8 9 "I; .\.'t 10 ~ i't. 6 ~ J 4 5 4 ::s DIV. C) C) -TRACT A :x:: NE 9TH PL ' ~'t ~ ~N ~ ~ SE 118TH S ~ ~ ~ C) ~ ('L ~ ~ LJIII - NO SCALE ,I NE 8TH PL WEDGEWOOD LANE DIVISIONS 4 & 15 PAGE FINAL PLAT OVERALL PLAT PLAN 1 OF 1 cORE J 471 J NfC 29tn Plrx. $i;i,e IO I Bellevue, Washington 98007 ~DESIGN 425.885.7877 fox 425.885.7963 ENGINEER/NG • PLANNING· SURVEYING 05"156 'l '" (2) 1"=400' OP 11170 @,,, i ; ---------~ @ -----~ i .,----.L---------------"'"~"-'!TOL_ _____ -'=@'.l'i_!!}__' WEDGEWOOD LANE DIVISIONS 4 & 5 FINAL PLAT NEIGHBORHOOD PLAN PAGE 1 OF 1 cORE ~DESIGN ENGINEER/NG • 14711 NE 29tt, Place Svite 101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 PLANNING· SURVEYING 05156 I ,,,,, • ' "' "" J: ...,_ ;; "' 0 ~ .. ~ <> o, ,-0 '0 •m f"' o, ·~ i& 0 ~ .,, u, EB :; n ;~ -~ ~ " z ~ 0 z ; = ;,; -1.517.811 8 Ill/.~ .. ' ' ;,; 0 IJl1J1 :;: :::; Ul U) 0 () t ,[;;;;a(~- 11 . .,,. q --t, .. 1~ -t------~ NOO'OT1Q"£ 6S', 15 / \ / ,,-----_/ ( \ ) I ) ®~- ' ~6.r.>\I 14BO\I :1 'I• l",' : e /I 0 ~ ~ z trj .. g ... .. "' e • Q 0 Q .. -.t "' , 100 7050t 00<> :Z. 7 3 tDLo19 ,:·-~= .. WEDGEWOOD DMSIONS 4 AND 5 ( A.K.A. VERCEU.O) LANE A PORTION Cf" THE SW 1/4, NE 1/4 AND NW 1/4, NE 1/4. SEC. 10, TWP 2.3 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DMSION 5 SHEET 4 OF 5 LUA-06-100-J'P LND-10-«3 -1:,r ~ N UN[. S£ 1/'I, NW 1/4, NE 1/4 S!'C 10-;?.l-5 N~ -----~~lc<9 --------------, I', a 1, r ~-· :: ·.... ..... =ss~~~fs ... 2L ... ~"8·· . .,1 'if-""' ----l\ _ _J_I __ / ., ... ,,,, •. ,,, ..... ~_..-/ I / -------- -+ I I r I~ ~I:: f I .' .i ·I·'· I .. ,. PLAT;bF 9ROCIKFJM -------- ! ~ ' --a z ,- I VOL ~3, PGS 2~',211 "I F"N~ 1;;· ~OA/1 W/Y(U..OW I I I REC. Na_:_2004o.J0\00:?j',,l.''.!. O p snc CAP STA .. PEO •. _ . • -• -· STIMPE~·-GE:C-OlUQ/Sl(l,JS \ i ' .-.="" ~~tf!':,.~:,iNs LS-1~25· I ·:.. .. . J ,.,, .. -_.;.=· I ..... ,_, .. ~· .. '!:.:. . / j Jf LS-.,~~-o.12\'i .. o.16'N 8 I .,,.,· . ·:,. ~""' .'119 N w,at S 1/2.~ 1/2, 5£ v~ NW'q,:·NE 1/4 src:.10-2J-~:-· _ , z ,-Jo-:in 1 : 116 ·:_.._ 50.02 W.02 50.0; 50.02 ~02,\· ._:!100< 5502 50,02_.:: .J· 50.02 ~5.02 ' 11 12' lNH1SCAPE ··:. _., ..,, ,-. lr-~r[~tENT f.". ~ _-.· " 1, ~ NOTP·i. 5Hil-SI' oi ~1.~· g :: 0 stil.2 :, ~ ... 'if l 1 .. ::·'"~~,'--~\,;,\~; 1~· ~--.. j ~ ~· ·::"' !<!-~:;;· 2 f I ~ ;i : • 71~~~ _,.--~I-::-;~ ::;ll 6~S5.t.S/ ~ j ~ ,.;~ ---;c;_,_._~, "; t 6,'fr;' Ji;, 1 :_::/:.'.:?"'"? : ~~~·~~=-~s_e1 ·16 •s:.: •. -oi;""55" ,.99.:.:...____ 4,_ ( R•2~'1·x, ~SE ---I er-~ L- 1 .I. l 1 LOT\ BINDER SHORT PLAT VOL 174. f~ 1~~-157 ~£C. 1<0. 20040121000001 7'R1~ s-~I' P-;,o ~- @J) 11 ,.,,, '-.F 03) ('i°:3"0 :: ·V =-Si:T 1/2"" X 24" REeM W,"m.J..OW P\.ASTIC C.IP STI.MPEO "CCf![ 41m· 0 FOIJNO 1/r' AEBAA W/VW/:M PU,STIC C.IP ST/,MPEO "CORE JJ'5M" OR "COAE 41299" UHL.£SS NOTED OlHD!'MS( SU TAC!< Ii LE,,,D W/SHIMER "4129'9" ON PROPERTI' UME EJlD<OID 4.75 Fill OH LIEU IF fRONT LOT COllMOIS UNLESS HUTU) OTHERMSi: SCALE: 1" = 40' ~ CITY IF l!ENTOOI SffiEET IIDDft:SS P.O.E. PRI\IA"Ft CIRAINAC£ EASEMENT " w ~~ P.A.£. PIJIIUC ~ EASEl,1£111 }Ii 11, 7'.lCS> S' (i10~) )1!,bi "' C-9T!°D 'I' g~ '° " .. ~,,. CCD 11,•,, se ~D 12· PO.E 1'.)' 1'•H[.O , lsEl~?J~:l~fi >~I 2 I 'I'' :,:;..., g=o: " ;q·,.,, SF @D ' ' ' >c "'"~r;;; ' :::I; ~£ 1/~ 5EC. "0-:.lJ-5 ;;.,····=--.... sr\/ci'N!~~o~At;<lft ---·--l?!".190N ~ I F'VTURE FVT OF" v,(DGE..000 LM<E o,v 1-J \,,,,· ··~ ' i;,,,, • .,;.:~:~:" :,ll,1"\fte' .,: •~-cwo,,..,...,.,, ~~ft.I: ._-.:· ~2s.11ri.7877 Fa,,i"~25.985.79¢'· .. ~ .. .-DESIGN.,-. ;;' .,. ENGINEE·;~NG ... (;.iAN:;jJNG ~-':-./suRv.(Y1NG JOB Ne,':'" OSi_:LSfii·.,, .. ~ • 0 3 WEDGEWOOD DMSIONS 4 AND 5 (A.K.A. VERCELLO) ID0105040Ctl;). 7 ~ LANE 2,</o/tJ99 SHEET 5 OF 5 LUA.-08-100-FP LND-10-«3 A PORTION OF THE SW 1/4, NE 1/4 AND NW 1/4, NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON ,· .. t·20.01 ::'.~uoo Fl s,5:.,J --= ,.:. '""51T .1 •. .n ,. . 1 ·· . • ,a ,o }. ' • '". I (J.,;J, . , I ,,-r-9-1 ~W>Tl'II EA~EN, l • I'" I •••• SCE: ~OTE:,.><, SIH l ~51 : 1-~~( ~: i~ :~ PFWATI: Accrss I : ~ I--mo UTUTY rAsi::.imr ---------, 1 lt: SH N~~~ ~i I 1 -...:. :1 2 7 I : :1 ··.,._, __ 1 illi I -.! .. "-".-!:: I I :o: • ! jp.i'·-· I 18 .. 1 !I,'>· • .," "/ I,; I\ ,# ,_~ °'"' :: 13!: I ;. <:(/·~ -~.'-' J.: i _:,~ ~f -.-s'- Jn " ,)_ --------. T -··-,--,.-·· -'--' ····T,c:rs-~~--·:_'.:__ L '5' W.lTER (ASE:,.,ENT SE:E NCT:: 4, ~" ~-:tPRW. ,:~~(,,.,' .IJ'lll._~U~'EAS!:U(NT •• •' ~l' NOT,c!i. ·' "'"' .,,,.,.,~H1 2 .a· 5 ' ,,,,,, .. DMSION 4 TRACT B EASEMENTS ' ' ,, SI NE10THST 1: I 1: I 20.:11 I : I 1---5' DRY UTIUTY 1: I i ~~~~ .. 2 Ii I i· I S>,T.2 1:' ~ I ~RIVA11: ACQ:SS I: I ~ I I ASO U'lllr, QlS£ME1H -----+f-1 !t t-t- $EE ~f] ~ 1: I "'" I I 7 "''-"'U!l1,JC,~<11£R I: I I I (ASEUENT: S!'f.., ··1 I NOTE~.~1;"'• tr·::,, 1: I ~-I !/i I' I _... ' ;, I.,,.~ I.-.· I I ~:f" 8 :_.::· I / :!f ~ :J" \ \ 10" PRPVATE: s.EWEA / ;/: J I \ •• ' ~,~ru·"-ss-_"s'~ '; ;--, _ T----- L~-U!1.·1"1' C~SEMENT SE:E NOTE 1. ~;' ' +·--T j 10· --~ --\-PA:A:-A:: = - L.....A'IIJ U~UTY FAS(W[NT SE:E NOTE 5. St,T. ~ 5 co I ,, J ~----~--------~-----------'--'"''-"' ·'.) PUBLIC WATER EASEMENT PUBLIC SIDEWALK ACCESS EASEMENT PRIVATE ACCESS & UTILITY EASEMENT I ~ 3 rQ;: COUPI..ETt LOT 00..EN~ING. SCALE: 1" = 20' I ___ t ~ 15' PUBLIC SEWllR, . .E,ASEMENT cio· PRivAnl'' SEWER EABEMENT 5' . ..'ii(l'Y UTILf,rY,,EASEJ.itNT .... )i'RIVAT.£ ~CCESS, .. !H.!1,il.ITY ~EMEN'I' ... ,, ·.~ ·~ .. /· .... ,.'\' ···.·:,,,, Cie>AE -:-i4711N.r.i911iri:'-sw.101 , .. ,,. _;: .· .-:· a..1i.,,...~Wo~to,,)ioo7 \_-~,_;: . ./ 42S.8f#J'877 Fo\..l15.B~J~;: . .............--, .. ~SIG~/ ·· .,' . .-. ENGINEER/NG -:-'.~lANl•i°ING ,.:::SURVE-flNG JOB Ne/·'· O~.';L5cl'·•'; ·==:c, ..... ,,:' .. r ,. ,; RETURN ADDRESS: City Clerk's Office City of Renton 1055 South Grady Way Renton, Washington 98055 DOCUMENT TITLE REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED GRANTOR GRANTEE LEGAL DESCRWflON ASSESSOR'S PARCEL NO. I I 1111111111111111 20070731002641 FIRST AMERICAN AMND 44.00 PAGE001 OF 005 07/31/2007 16:07 KING COUNTY, UA First Amendment ro Declaration of Protective Covenants for the Plat of Wedgewood Lane 20070504000274 Wedgewood at Renron, Inc.; KBS Development Corporation City of Renton The Public Portions of NE \4 of SW \4 of NE \4 and SE \4 of NW \4 of NE \4, Sec. IO, TWP. 23 N., RGE 5E, W.M., Renton, King County, Washington. 1023059092; 1023059051 FIRST AMERICAN\" J .~ld'lt ,?s FIRST AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE (A.K.A. VERCELLO) Wedgewood at Renton, Inc. and KBS Development Corporation (collectively, "Developer" herein) hereby amend the Declaration of Protective Covenants for the Plat of Wedgewood Lane, recorded under King County Recording No. 20070504000274 (the "Declaration"). WHEREAS, for marketing purposes Developer is using the name "VerCello" for all Divisions of the Plat of Wedgewood Lane; WHEREAS, the Declaration was recorded before the plat map of Wedgewood Lane Divisions I, 2 and 3 (A.K.A. VerCello) was recorded. Among other things, Developer intends with this Amendment to provide a reference to the recorded plat map of Wedgewood Lane Divisions I, 2 and 3 (A.K.A. VerCello); WHEREAS, the Development Period has not terminated; WI WPD0CS\90313\002\JIR2956.DOC 7/27/2007 Page 1 of 5 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane NOW, THEREFORE, Developer, acting pursuant to Section 16.1 of the Declaration, hereby amends the Declaration as follows: I. Section I. 10 of the Declaration is hereby deleted in its entirety and a new Section 1.10 is hereby substituted in its place, as follows: 1.10 Map The term "Map" shall mean the official plat map for Divisions 1, 2 and 3 recorded with the King County Recorder under Recording No. 20070530001097 and the official plat map for Divisions 4 and 5 recorded with the King County Recorder under Recording No. 20070504000273, and any subsequent Maps of divisions of Wedgewood Lane (A.K.A. VerCello) which are recorded. Together, the two (2) initial Maps contain Divisions 1, 2, 3, 4 and 5, and are referred to in this Declaration as the "Map." 2. Section 1.9 of the Declaration is hereby deleted in its entirety and a new Section 1.9 is hereby substituted in its place, as follows: 1.9 Lot Owner The term "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a recorded real estate contract, but excluding those persons or entities having an interest in any Lot merely as security for the performance of an obligation. The Developer and any Participating Builder shall be deemed to be the Lot Owner until the sale of the Lot to a residential owner. 3. Section 8.1 of the Declaration is hereby deleted in its entirety and a new Section 8.1 is hereby substituted in its place, as follows: 8.1 Creation of Lien and Personal Obligation of Assessment By acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument, each Lot Owner is deemed to covenant and agree to pay to the Association all common expenses assessed against said Owner's Lot by the Association. Common expenses include, but are not limited to: (a) annual assessments or charges and (b) special assessments. Said annual and special assessments, together with interest thereon and costs of collection thereof (including reasonable attorneys' fees whether or not suit is commenced), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is W,\ WPDOCS\90313\002\JIR2956.DOC 7/27/2007 Page 2 of 5 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane .. ' made. Each such assessment, together with such interest and costs of collection, shall also be the personal obligation of the Lot Owner owning the Lot when the assessment is due. The personal obligation for delinquent assessments shall not pass to the Lot Owner's successors in title unless the lien for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 4. Section 8.3 of the Declaration is hereby deleted in its entirety and a new Section 8.3 is hereby substituted in its place, as follows: 8.3 Intentionally Omitted 5. Section 8.4 of the Declaration is hereby deleted in its entirety and a new Section 8.4 is hereby substituted in its place, as follows: 8.4 Annual Assessments Each year the Board shall assess each Lot Owner for an annual assessment in an amount which, in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January 1 following termination of the Development Period and continuing each year thereafter, the annual assessments shall not be increased by more than twenty-five (25%) without the approval of seventy percent (70%) of the members voting at a meeting duly called for such purposes. 6. Unless otherwise stated herein, all capitalized terms used in this First Amendment shall have the meanings set forth in the Declaration. W \ WPDOCS\90313\002\JIR2956.D0C 7/27/2007 [I'his Section Intentionally Left Blank] Page 3 of 5 First Amendment to Declaration of Protective Covenants for the Plat of\'Xledgewood Lane 7. Except for the matters stated in this First Amendment, all of the provisions contained in the Declaration remain in full force and effect. This Amendment shall be effective upon recording . .,,,.. Dated this :2'J_ day of <[U '-1 , 2007. DEVELOPER: WEDGEWOOD AT RENTON, INC. W, \ WPDOCS\90313\002\JIR2956.D0C 7/27/2007 KBS DEVELOPMENT CORPORATION Page 4 of 5 / First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane .. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ~ THIS IS TO CERTIFY that on this E day ofJaLY , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came £(t:m1-Y, A ·Gtl"':f, personally known or having presented satisfactory evidence to be the l'~StoE,VT o Wedgewood at Renton, Inc., a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) int N Notary Pu ic · and State of Washington, siding at ,-re-tt~ w6 tJ?/(j? Expiration Date: // -o I'-/0 THIS IS TO CERTIFY that on this /-ft/Ir.day ofc..Jut..(; , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned an~worn, came ko/.../N .3. 71/-Y!A'<. personally known or having presented satisfactory evidence to be the /),f'l;S;/JtfNr: of KBS Development Corporation, a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the W, I WP DOCS \903 ! 3\002\JIR2956.D0C 7/27/2007 n e: otary Public in for the State of Washington, residing at ,J'-otr{l,ff wk 9~109 Expiration Date~ _/.,_,1c.......· t:J::..:..I_· l'<:..cJ::_ _____ _ Page 5 of 5 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 1111111111111111 20070514000734 CITY OF RENTON BS 33.00 PAGElllllll OF 082 05/14/2007 11 : 0S KING COUNTY, WA Reference Number(s) of Documents assigned or released: Additional refereoce numbers are on page __ . Grantor(s): Grantee(s): 1. wl::'lk,t:: Wcot:> r,;r-~£'-17VN, t NC--I. City of Renton, a Municipal Corporation 2. The Grantor, as named above1 for, and in consideration of mutual benefits, hereby grants, bargainst sells and delivers to the Grantee, as named above, the following descnbed personal property: WATER SYSTEM: Length Size ~ L.F. of Water Main L.F. of " Water Main L.F. of Water Main each of .. Gate Valves each of .. Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size ~ s~ 377ct l l-t''3 .%3.':/. L.F. of T f'rc.-Sewer Main L.F. of .. Sewer Main 33oC, 5 L.F. of .. Sewer Main s-each of lf~ .. Diameter Manholes l.~ each of l.f :z_. .. Diameter Manholes each cf .. Diameter Manholes STORM DRAINAGE SYSTEM: Length Size ~ f)-3~7't l 'J..+3 3. ,3~0 L.F. of 12 AAS Storm Line ' L.F. of " Storm Line L.F. of Storm Line !]-33CJ'f 5 l:1. each of " Storm Inlet/Outlet 3.2.. each of :sm " rtf'e.I. Storm Catch Basin ~ each of ~ L,YN=,E STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk 73 7 3 L.F. Manhole Asphalt Pavement: t/ :y;, 7 7',/ )l{ or L.F. of ____ Width STREET LIGHTING: # of Poles p.f? By this conveyance, Granter will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirsi executors administratorsandassignsforever. ,· 00 -5a H,\FILE.SYSIFRM\84HNDOU1',BlLLSALE.D0C\MAB Page 1 • Fonn 84 0001/bh .. ~~ .. .., ................ , ... ,.., ........... INDIYIDUAL FORM OF ACKNOWLEDGMENT Nota,y Seal must be within box ST A TE OF WASHINGTON ) SS COUNTY OF KING ) I certify Iha! I know or have satisfactory evidence that _______ _ -,-----,-,-~-----,--,--signed this instrument and acknowledged it to be his/her/their free and volunta,y act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print),_· ------------ My appointment expires:. ___________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Nota,y Seal must be within box STA TE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I lmo:w or have satisfactory evidence that _______ _ --,--,----,,,---,-----,---,---,---signed this instrument, on oath stated that helshclthey was/were authorized to execute the instrument and acknowledged it as the and _______ _ of to be the free and volunta,y act of such party/parties for the uses and purposes mentioned in the instrumenL Notary Public in and for the State of Washington Notary(Print), ___________ _ My appointment expires:. ___________ _ Dated: Page 2 a-~-100 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 \1111111111111111 20070514000739 CITY OF RENTON BS 33 ·88 PAGE881 OF 082 05/14/2087 11:11 KING COUNTY, WA BILL OF SALE The Gnintor, 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: Length Size ~ 1¥5f qo ___ _:::c" Gate Va1ves ea.ch of .. Gate Valves each of Fire: Hydrant Assemblies SANITARY SEWER SYSTEM: _m_ Size ~ L.F.of 8'. eve.- L.F. of L.F. of Water Main Water Main Water Main Sewer Main Sewer Main Sewer Main 5-3):/cf each of " Diameter Manholes d,. each of ~ll " Diameter Manholes e~ch of .. Dfarnet:'!'T Man.holes STORM DRAINAGE SYSTEM: 3 L.F. of L.F. of L.F. of each of each of each of Size ,~ lYl't-JI: " TuP{ ;£ ----~ STREET IMPROVEMENTS: (IJJ!:luding Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk (o.]Q L.F. AsphaltPavement: 1,1.(03 SY or LF. of ___ _ STREET LIGHTING: # of Poles a Storm Line Storm Line Storm Line Storm Inlet/Outlet Storm Catch Basin Manhole Width By this conveyance, Grantor wilJ warrant and defend the sale hereby made lmto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to cf aim the same. This conveyance shall bind the heirs, execu rs, administrators and assigns forever. ,)oD; r 00 HclFILE.SYSIFRM\8411NDOtmBlLI..SALB.DOCIMAB Page 1 Notary Seal must be within box Notary Seal must be within box fonn 84 0001/bh ereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KJNG ) I certify that I know or have satisfactory evidence that __ _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print). __________ _ My appointment expires:. ___ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ___ _ --,--,--,-,-,--,-,---,----.,--.,---signed this instrument, on oath stated that be/she/they was/were authorized to execute the instrument and acknowledged it as the. and of to be the free and voluntary act of such party/parties for tho uses Md purposes mentioned in the iru.'lrllment. Notary Public in and for the State of Washington Notary (Print) ______ _ My appointment expires: ___ _ Dated: ---------------------------------' CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within bc,x STATE OF WASHINGTON ) SS ,,,,\\\\\\11 1 COUNTY OFKINO ) f}4tJ? .,#''~CHU,t~r,,,, 0n this ;l£il day of 11:fit'&: .J1 __. before me personally appeared : O-.,..,.,'i<'rx;;1,,~~"" 11,1 l[p1 'DI! B • m it lQf I kn wn to !!ff~~ ""R14)..,.~';r ~ ~ be -~k.Q6YI: -_of the co;.::~on ~at ~ f~o ~ 0 ~ executed the witliininstrument 1 and acknowledge the said instrument to be the free ~ ~ • j ,-.. ~ and voluntary act and deed of said corporation, for the uses and purposes therein ~ ~ ~ # IE 'mentioned, and each on oath stated that he/she was authorized to execute said ~ .ft ,,,,,I OB ... ~~~$'~= instr'1rent and that th al affixed is the corporate sen fsaid co oration. // U)-. l\h\\\\'\'\,,~ e,: ... - / 1, .</-,._,:: f"'C ,,-•~--- Notary Public in an<;1.,for the State of ashington Notary (Print) c:u.rfi; G fvv..i:kf: __ My appointment expires: f -:30 :.!1."t ______ _ Dated: Af((%l. J.. '.).00~ Page 2 May 14, 2007 Landtrust Inc. c/o Patrick Gilroy 1560 140th Ave NE, Suite# JOO Bellevue, WA 98005 Subject: Dear Mr. Gilroy, CITY >F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator As part of the approval of the Wedgewood Division 4 & 5 Final Plat (LUA06-IOO), you will need to submit a detailed landscaping plan for the plat. Per RMC 4-4-070 and 4-2-11 OA, the detailed landscaping plan needs to show the location, species and size of two-street trees per lot and a 5' landscaping strip along all street frontage. I have looked over a conceptual landscaping plan that was submitted on May 16, 2006 and have determined that it is inadequate to meet the City's landscaping requirements. Of the 13 lots, only one lot meets the two street trees per lot requirement. While there is an adequate landscaping strip buffering Lots 1 and 2 from Hoquiam Ave NE, a 5' landscaping strip will need to be shown across Lots 3-13. Please feel free to contact me at 425-430-7286 if you have additional questions. Jennifer Henning Current Planning Manager cc: LUA06-IOO 1055 South Grady Way-Renton, Washington 98057 @, This paper cant.:iir,~ ':i'J 0io recyclEcd ,·naterial. 30% past consumer AHEAD OF THE CURVE • • • • Q 'I I I f -... i i ' ' • ! I ' l ' ' ' ! 111 i 1 i . ' I ~ ' I i > a 0 a " 0 z 3 WEDGEWOOD DMSIONS 4-AND 5 (A.K.A. VERCELLO) LANE SHEET 5 OF 5 WA.-08-100-FP LND-10-'43 A PORTION OF THE SW 1/4, NE 1/4 AND NW 1/4, NE 1/4, SEC. 10, TWP. 2.3 N., RGE. 5 E., W.M., CITY OF RENTON. KING COUNTY, WAS1-,INGTON NE1.0THST -' ', -c_:1_ 2 ~I :1., !! {I 7 I ~ ~ ~ a ii -~I . ,;c ~ ,- 5 • PUBLIC WATER EASEMENT PUBLIC SIDEWALK ACCESS EASEMENT PRIVATE ACCESS & UTILITY EASEMENT Cff'\' CW REtcTOfll RECEIVED NOTE MAYO 8 2007 SEE S1<£ET 3 F'OR COMPLETE LOT OIMCNSJONING. BUILDING DIVISION I 6 DMSION 4- TRACT B EASEMENTS ' ~ ' ~ ' 71 I ii L !i \ SCALE: 1" = ~o· -' 3 2 "''" l'' ,,,,c- NE10THST ' I'- ~ !! t ~ ii! I ~ 7 .-,r,_ -,x.,,,-[C'"- I ~ 6 -:(~! ·,r •;r· 4 15' PUBLIC SEWER EASEMENT 10' PRIVATE SEWER EASEMENT 5' DRY UTILITY EASEMENT PRIVATE ACCESS & UTILITY EASEMENT QPlllll!l, cORE ~DESIGN 5 f'7l l N.£ 29ttl Pt S.... 101 '-"*-. w""*"'""' PB007 <12'".88.S.7977 fa~ 425.8/J5.7963 ENGINEERING PL~NNING StHVEYING JOB NO. 05:1.56 ~ : & ~ i L ._ti \ " ~· T SCALE: 1" 40' WEDGEWOOD DMSIONS 4 AND 5 (A.K.A. VERCELLO) LANE SHEET 3 OF 5 LUA-08-100-l'P LND-10-.U3 A POR-ION OF THE SW 1/4, NE 1/4 AND NW 1/4, NE 1/4, SEC. 10, TWP. 2.3 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON / / / / / r:;, N 8816'10" W =.M LOT 1 CITY OF RENTOO SHORT PLAT NO cUA-OJ-05?-SHP" REC. ~O. 200'10721900001 ------"' 1 ! l DMSION 4 . ~I m.o.c1 .o. ~--, L. _--:__. /--------- //? ------_ _/ LIGBND SE:1 1/2" X 24" RUl'"R w/YELLOW PLASllC CAP STAMPED "CORE 41299" 0 FOUND 1/2" Rl'.llAR W/YULOW PLA~TIC CAP STAAIPED "COS:E J/555" OR "CORE 411r.Q" UN1.rss NOT(D OTI-<cRIOISE SET TACK IN LE.o.D '11/St<INER "41~9" ON PIWPEAlY LINE EXTENOW ~ 75 FEET IN LIEU OF FRONT LOT COR>IERS UNL.!:SS NOTtD OTHEAY.,SE @) CITY OF RENTON STREET ADDRESS P.D.E PRIVAT( DRA.INAGE EASEWENT P.A.E PUBLO: ACCESS EASE>,IENT / I CJtY Of .RE;NTQl'\j F,l~,CE:IV ED MAY .08 2007 BUILOlt-4(3 DIVISION N£:li}THST 1-,:-1 Ji'. ··1· ;.· ~: ;, 'a I • ,, r -,,- ' ,.-., / Ri'io' 'le~· V / ,;c: ,.~, ,, TRACT A 11ffI.lN11111JJ:IANDll.ll.l'.J.. !C 'D'.C ' %1; s,_n " ~ UNPLATTEO (FUlURE PU,.T Of" W!:OOEWOOO LANE lllV. 1-J) ------'-----, -l'. -.. ;~, ,.-:--- '·"6 LOT 2 CITI Of RWTON SHORT f'J.T NO. 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VERCELLO) LANE A POR-ION OF rnE SW 1/4, NE" 1/4 AND NW 1/4, NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KII\JG COUNTY, WASHINGTON ..:£Sl}11fl'l.,fC£ DMSION 5 ··~- I I P-Al OF OROOKFIEI.D VOL. 223, PCS 25-28 REC NO 200W301002J37 I I I L I SHEET 4 OF 5 WA-08-100-PP LND-t0-44-3 L I I I I -""" '""'" ,, ,-I I I I I ,,.,, . .,., I "'"' I ,_ -'~ -f -I I I I ' I I I I I I ,, l iv' 1 ·::: j ' _, LOT 1 BINOCR <;HQRT PL.A.T I';'.(._ 17~. PGS 166-167 RFC. NO 2004-0721goooo, _, ·,:_- >1 13816'10"\i ,31.n Ll!GEND SE:T 1/2" Xu• REEIAR W/fELlOW PLASTIC CAP Sl,....PW "CORE 412gg• o roUND ,12· ~SAR W/YEcl.OW PL...STIC CAP ST.',MP(O "CORE 37555" OR "CORE 412'99" U'ILES5 NOTED OlliE'ffl!SE: mp~tR% 1~Nr~~i:~N~r;;wff,NON UEU Of' FllONT LOT CORNERS UNLESS NO'ltO OTHERWISf rn " " NE10THST ''" M'J -1 " -~-, R ; r, ri L'NPc.n; FUTJRE PLAT OF \\EDGEWOOD "~NE o,v. 1-3 MAYlla, llDINa DIVISION SCALE: 1" = 40' @) Cl7f OF RENTON ST!l[(T ADDRESS ,;.~t:::.~ ·,"·~<, t:· .a ":g .,: .•• ·-,,ii \'%;~,?···~~./ cORE ~DESIGN 1./71 I N.£ 1911! I'£ Moo 101 klla-,W...ilnglon 96007 425.88.S.71177 Ftu 42S,88S.7963 P.).E. PRIVATE DRAINAOC EASO.!ENT " 4Lt -~ PAE l'UEII..IC ~CCESS EASrnENT ENG/NEERING • fl'lANN/NG SUll'VEYING .JOB NO-' 05:1.56 RETURN ADDRESS: City Clerk's Office City of Renton 1055 South Grady Way Renton, Washington 98055 UEDGEIJDOD AT R COV 120 00 PAGE00! OF 086 · 0D/04/Z007 09:S7 KING COUNTY, 1JA DECLARATION 01<' PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE (f9 DOCUMENT TITLE Declaration of Protective Covenants for the Plat of Wedgewood Lane REFERENCE NO. OF ~ DOCUMENTS ASSIGNED/ Wly /c--,, #-,Joo70S oc/ Oob:;J.. 73 RELEASED GRANTOR Wedgewood at Renton, Inc. GRANTEE City of Renton The Public LEGAL DESCRIPTION Portion of S 1/2 NE 1/4 and N 1/2 SE 1/2, Sec. 10, TWP. 23 N., RGE SE, W.M., Renton, King County, Washington. ASSESSOR'S PARCEL NO. 102305-9450-02; 102305-9257-07; 102305-9158-07; 102305-9335-03; 102305-9145-03; 102305-9141-07; I 02305-9317-05; 102305-9004-03; 102305-9017-08 ARTICLE 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 ARTICLE 2 ARTICLE 3 3.1 3.2 3.3 3.4 ARTICLE 4 4.1 4.2 ARTICLE 5 5.1 5.2 5.3 5.4 5.5 5.6 ARTICLE 6 6.1 6.2 6.3 6.4 6.5 6.6 DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE TABLE OF CONTENTS DEFINITIONS I Association I Association Action 1 Board 2 Building 2 Common Area 2 Declaration 2 Developer 2 wt 2 wt Owner 3 Map 3 Member 3 Participating Builder 3 Property 3 PLAT OF WEDGEWOOD LANE 3 PHASED DEVELOPMENT 4 Subsequent Development 4 Consent to Adding or Subtracting Properties 4 Rights and Obligations 4 No Requirement to Include Additional Properties 4 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING DEVELOPMENT PERIOD 5 Development Period 5 Developer's Authority During Development Period 5 WEDGEWOOD LANE HOMEOWNERS ASSOCIATION 5 Establishment 5 Voting 5 Proxies 6 Adoption of Bylaws and Amendments 6 Initial Board of Directors 6 Management Agreements 6 MANAGEMENT OF COMMON AREAS 6 Control 6 Goods and Services 7 Wetlands and Stream Maintenance and Monitoring 7 Maintenance of Surface Water Management Facilities 8 Additional Properties 8 Dedication to Governmental Entities 8 Page i W:\WPD0CS\90313\002\ttnb6550.doc 04/24/07 Declaration of Protective Covenants for Wedgewood Lane ARTICLE 7 7.1 7.2 7.3 7.4 ARTICLE 8 8.1 8.2 8.3 8.4 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 ARTICLE9 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 ARTICLE 10 IO.I 10.2 10.3 10.4 ARTICLE II 11.1 11.2 11.3 11.4 11.5 PROPERTY RIGHTS IN THE COMMON AREA Association Control of Common Area Restrictions on Use of Common Areas Native Growth Protection Areas Other Restrictions COVENANT FOR ASSESSMENTS Creation of Lien and Personal Obligation of Assessment Purpose of Assessments Initial Assessment Annual Assessments Estimated Assessments Payment By Owners Record of Assessments Special Assessments Uniform Rate of Assessment Default in Payment of Assessment~ Remedies Foreclosure of Assessment Lien; Attorney's Fees and Costs Homestead Waiver Curing of Default Continuing Liability for Assessments Exempt Property Rights of Board -Waiver of Lot Owners Subordination of the Lien to Mortgages ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS Establishment Design Review Committee Submission of Plans Approval of Plans Criteria Effect of Committee Approval No Liability Size Building and Construction Conduct of Construction EXTERIOR MAINTENANCE Lot Owners' Obligations Trees Color Approval Roof Approval PROPERTY USE RESTRICTIONS Business and Commercial Use of Property Signs Parking Certain Vehicles Motor Vehicles Nuisances; Hazardous Acrivities; Lighting Page ii 9 9 9 9 9 9 9 10 10 10 11 11 11 I I 12 12 12 12 13 13 13 13 13 13 13 14 14 14 15 15 15 15 15 17 18 18 18 19 19 19 19 19 19 20 20 We\ WPD0CS\90313\002\tmb6550.doc 041241()) Declaration of Protective Covenants for Wedgewood Lane 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 ARTICLE 12 12.1 12.2 ARTICLE 13 13.J 13.2 13.3 13.4 ARTICLE 14 14.1 14.2 14.3 14.4 ARTICLE 15 15.1 15.2 15.3 15.4 15.5 Animals Trash Disposal Unsightly Conditions Antenna Storage Machinery and Equipment Oil Drilling, Etc. Development Activities Exempted Violations EASEMENTS Easements Maintenance of and Restrictions on Easement Areas GENERAL PROTECTIVE COVENANTS Partition Subdivision or Combination Leases Mortgagee Protection INSURANCE Liability and Hazard Insurance Building Insurance Common Area Repair and Replacement Building Repair and Replacement ENFORCEMENT Rules and Regulations Enforcement Remedies Waiver Costs and Attorney Fees AMENDMENT OF DECLARATION Developer's Reserved Rights Amendment by Members 20 20 21 21 21 21 21 22 22 22 22 23 23 23 23 24 24 25 25 25 25 25 25 25 26 26 26 26 ARTICLE 16 16. J 16.2 16.3 16.4 Amendments Affecting Maintenance or Operation of Common Areas Power of Attorney 26 26 27 27 27 ARTICLE 17 17.1 17.2 ARTICLE 18 18.1 18.2 18.3 18.4 18.5 18.6 18.7 LIMITATION OF LIABILITY; INDEMNIFICATION Limitation of Liability Indemnification GENERAL PROVISIONS Term Subordination Notice Examination of Records Severability Gender Headings Page iii W:\WPD0CS\90313\002\tmb6550.doc 04124/fll 27 27 27 28 28 29 29 29 29 29 30 Declaration of Protective Covenants for Wedgewood Lane DECLARATION OF PROTECTIVE COVENANTS FOR THE PLAT OF WEDGEWOOD LANE This Declaration of Protective Covenants for the Plat of Wedgewood Lane (this "Declaration") is made this ~day of Af;ri { , 20f21_ by Wedgewood at Renton, Inc. and KBS Development Corporatio (collectively, "Developer"). RECITALS AND DECLARATION Declarant is the Developer of the real property and improvements thereon legally described in Exhibit A, known as the Plat of Wedgewood Lane (the "Property", or "Wedgewood Lane"). The Property is comprised of the real property legally described on Exhibit A attached hereto and shown on maps recorded with the King County Recorder under Recording No.--------~--- and and any other real property added by amendment hereto. Wedgewood at Renton, Inc. is the owner of the Property described on Exhibit A as Divisions 1, 2, 3 and 5 and KBS Development Corporation is the owner of the Property described on Exhibit A as Division 4. Developer hereby publishes and declares that the Property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions, restrictions, easements, reservations, and agreements, all of which are for the purpose of enhancing and protecting the character, attractiveness, and desirability of Wedgewood Lane. These covenants, conditions, restrictions, easements, and reservations, shall run with the Property and shall be a burden upon and a benefit to the Property and binding upon any person, firm, corporation or entity of any kind whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration. ARTICLE 1 DEFINITIONS 1.1 Association The term "Association" shall mean and refer to a Washington non-profit corporation comprised of all of the Lot Owners of the Plat of Wedgewood Lane acting collectively in accordance with its governing documents and this Declaration. The initial name of the Association is "Wedgewood Lane Homeowners Association." However, the Association's name may be changed by the Developer if the Developer elects to use a different name for the Plat for marketing purposes. 1.2 Association Action The term "Association Action" shall mean and refer to a resolution of the Association in the form of either a bylaw or resolution duly passed by either the Board or by the Members of the Association at a Members' meeting. W: \ WPDOCS\903 t 3\002\tmb6550.doc 04/24/07 Page 1 Declaration of Protective Covenants for Wedgewood Lane 1.3 Board The term "Board" shall mean and refer to the Board of Directors of the Association (or such other governing body the Association shall form) which shall have all powers authorized by this Declaration and the governing documents of the Association. 1.4 Building The term "Building" shall mean and refer to any building or structure constructed or located within Wedgewood Lane, and all appurtenances thereto. 1.5 Common Area The term "Common Area" shall mean and refer to Tract A of Division 1, Tracts A, Band C of Division 2, and Tracts A, B, C, D, F, G, H, I and J of Division 3, Tract A of Division 4, the fence, landscaping and monument easement(s) and improvements thereon shown on the Map, and any other areas owned by or benefiting the Association and/or the Lot Owners for the common use and enjoyment of all of the Lot Owners. Any streets, tracts, including but not limited to Tract E of Division 3, or other areas dedicated or conveyed to a governmental entity for public use are not Common Areas. The Developer may add to or subtract from the Common Area during the Development Period, as defined in Section 4.1, by an amendment to this Declaration, provided that the Developer may not withdraw any tract or other Common Area subject to a condition imposed by the City of Renton or otherwise required by state or federal laws without the written consent of the City of Renton. In the event the Common Areas described on the recorded Map are different from those described herein, the Common Areas described on the Map shall be deemed the Common Areas unless this Declaration has been amended or modified to change the Common Areas shown on the Map, except the status of those tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or federal laws may not be changed without the written consent of the City of Renton. 1.6 Declaration The term "Declaration" shall mean and refer to this Declaration of Protective Covenants for Wedgewood Lane. 1. 7 Developer The term "Developer" shall mean and refer to Wedgewood at Renton, Inc. (owner of Divisions 1, 2, 3 and 5) and KBS Development Corporation (owner of Division 4), and/or a person or entity (including a Participating Builder) to which it assigns its rights as Developer. 1.8 Lot The term "Lot" shall mean and refer to any one of the residential lots located within the Property as shown on the Map. If any additional property is hereafter made subject to this Declaration pursuant to the provisions of ARTICLE 3, each tract comprised of a buildable legal lot contained therein shall be considered to be a Lot as defined in this Section. W: I WPDOCS1903 ! 3\002\ttnb6550.doc 04/24/07 Page 2 Declaration of Protective Covenants for Wedgewood Lane 1.9 Lot Owner The term "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a recorded real estate contract, but excluding those persons or entities having an interest in any Lot merely as security for the performance of an obligation. The Developer and any Participating Builder shall be deemed to be the Lot Owner until the sale of the Lot to a residential owner, but the Developer and Participating Builder shall not be liable for assessments and fees and may be expressly excluded from other obligations to the Association as stated herein. 1.10 Map The term "Map" shall mean the official plat map for Divisions 1, 2 and 3 recorded with the King County Recorder under Recording No. and the official plat map for Divisions 4 and 5 recorded with the King County Recorder under Recording No. tle>o?o'io <J 1)()0 ;;I. 73 any subsequent Maps of divisions of Wedgewood Lane which are recorded. Together, the two (2) initial Maps contain Divisions 1, 2, 3, 4 and 5, and are referred to in this Declaration as the "Map." 1.11 Member The term "Member" shall mean and refer to every Lot Owner who, as a result of such ownership, holds a membership in the Association with rights and responsibilities as set forth herein and in the governing documents of the Association. Each Lot shall have one (1) membership inseparably appurtenant to it. 1.12 Participating Builder The term "Participating Builder" shall mean a person or entity who acquires from Developer one or more Lots for the purpose of improving the same for resale to future Lot Owners. 1.13 Property The term "Property" shall mean the Property referred to herein as Wedgewood Lane as more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. The description of the Property may be amended from time to time pursuant to ARTICLE 3. ARTICLE2 PLAT OF WEDGEWOOD LANE This Declaration shall initially subject the Property, the Buildings and other improvements constructed and to be constructed thereon, and the Common Areas, all of which shall be known as Wedgewood Lane, to its provisions. In the event that Developer subjects additional property to this Declaration pursuant to ARTICLE 3 hereof, all such properties shall collectively be known as Wedgewood Lane. Wc\WPD0CS\9031J\002\tmb6550.doc 04/24/07 Page 3 Declaration of Protective Covenants for Wedgewood Lane ARTICLE3 PHASED DEVELOPMENT 3.1 Subsequent Development Developer reserves for itself, its successors or assigns, the right, by adoption of amendments to this Declaration, to subject additional properties to this Declaration or to withdraw undeveloped property from it, except those tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or federal Jaw. If the Developer elects to subject additional property to this Declaration, Developer shall grant to the Lot Owners of such additional properties (and Developer, if applicable) all of the rights and benefits to which Members of the Association are entitled. 3.2 Consent to Adding or Subtracting Properties Developer may subject additional properties to this Declaration at any time prior to termination of the Development Period as defined in Section 4.1. Developer may also withdraw any undeveloped properties from this Declaration at any time prior to termination of the Development Period, except written consent from the City of Renton is required before the withdrawal of those tracts or Common Areas that were subject to a condition imposed by the City of Renton or otherwise required by state or federal laws. Each Lot Owner appoints and constitutes the Developer as his attorney-in-fact to adopt and file amendments to this Declaration necessary to add or subtract such properties. The original Wedgewood Lane Lot Owners shall be benefited by any Common Area on additional property the Developer elects to add to Wedgewood Lane, either through Association ownership and control of said additional property Common Area or by easements of use and enjoyment in favor of said original Lot Owners on said additional property Common Area. The Lot Owners of such property added by Developer-to Wedgewood Lane shall have an easement for use and enjoyment of the existing Wedgewood Lane Common Area and shall have all the obligations to pay the cost of maintaining the Common Area unless otherwise provided herein. The Developer reserves the right to extend existing easements and create new easements over the Lots so as to provide access to and service to the additional properties. Neither the Association nor any Lot Owners shall have any right in any additional property nor shall this Declaration have any effect on such additional property until it is subjected to this Declaration by adoption of an amendment to this Declaration specifically describing such additional property. 3 .3 Rights and Obligations The Lot Owners of properties added to Wedgewood Lane (including Developer and any Participating Builder, if so elected by the Developer) shall be Members of the Association, and shall be entitled to all benefits and subject to all obligations of a Member, including, but not limited to, the right to vote in Association elections and the obligation to pay assessments as set forth herein. 3.4 No Requirement to Include Additional Properties Nothing contained in this Declaration shall be construed to require the Developer to subject additional properties to this Declaration. W:\WPDOCS\90313\002\1mb6550.doc 04124107 Page 4 Declaration of Protective Covenants for Wedgewood Lane ARTICLE4 DEVELOPMENT PERIOD; DEVELOPER'S RIGHTS DURING DEVELOPMENT PERIOD 4.1 Development Period The term "Development Period" shall mean that period of time from the date of recording this Declaration until the date when all original Lots have been sold, or, if additional properties shall have been subjected to this Declaration, then until the date when all original and additional Lots have been sold, but in any event the Development Period shall terminate ten (10) years after the recording of this Declaration. Notwithstanding the foregoing, the Developer, at its option, may elect to terminate the Development Period at any time by recording with the King County Recorder a Notice of Termination of Development Period referencing this Declaration and stating that the Development Period is terminated. For purposes of this Section 4.1, transfer of title to a Lot by Developer to any Participating Builder shall be disregarded and title to any Lot owned by a Participating Builder shall not be deemed transferred for purposes of determining the Transition Date until the Lot is further transferred by said Participating Builder to a purchaser who is neither a Participating Builder nor the Developer. Wedgewood at Renton, Inc., as the original Developer, shall retain all rights of the Developer set forth in this Declaration. 4.2 Developer's Authority During Development Period Until the termination of the Development Period, the Developer hereby reserves for itself, its successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof, which shall be exercised and/or performed solely by the Developer without further authority from or action by the Members during the Development Period, the Developer shall have no obligation to publish financial statements, hold meetings or otherwise account to or consult with the Members, except as otherwise expressly required herein. Upon termination of the Development Period, administrative power and authority for management of the Property shall pass to the Board of Directors and Members as provided herein and in the Bylaws. ARTICLES WEDGEWOOD LANE HOMEOWNERS ASSOCIATION 5.1 Establishment There is hereby created an association to be called "Wedgewood Lane Homeowners Association. " The Association shall be a nonprofit corporation formed and operated pursuant to RCW 24.03 and RCW 64.38. The Association shall use the name "Wedgewood Lane Homeowners Association" unless Developer or the Association elects to use a different name. 5.2 Voting After the end of the Development Period, each Member shall be entitled to cast, at any meeting of the Association, one vote for each Lot owned by that Member. If any Lot is owned by more than one (1) person or entity, the Owners thereof shall appoint one (1) person to serve as the voting Member and shall file a written statement with the Board signed by all of the Lot's Owners naming the voting Member. Any such designation of a voting Member shall be revoked automatically when the Board receives a subsequent notice signed by all of the Lot's Owners designating another voting Member, when the Board receives notice of the death or judicially declared incompetence of any of the Lot's W: I WPDOCS\903 I 3\002\unb6550.doc 04124/07 Page 5 Declaration of Protective Covenams for Wedgewood Lane Owners, or when any of the Lot's Owners conveys its interest in such Lot. The Association may suspend voting rights of any Member as provided in this Declaration or the governing documents of the Association. 5.3 Proxies Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Lot Owner may revoke any proxy given by a Member to or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage with priority over all other mortgages) upon the Member's Lot, without the prior written consent of the holder of such indebtedness. 5.4 Adoption of Bylaws and Amendments Prior to the termination of the Development Period, the Developer, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Developer shall have sole authority to amend the Bylaws. After termination of the Development Period, except as expressly provided to the contrary herein, the Bylaws of the Association ("Bylaws") may be amended from time to time by a majority vote of the Members (including Developer, if applicable) at any regular or special meeting of the Association duly called for that purpose, or by a vote of a majority of the Board present at a meeting of the Board duly called for that purpose. 5 .5 Initial Board of Directors The Developer shall designate the members of the initial Board. The initial Board shall serve until the Developer transfers the management and administration of Wedgewood Lane to the Board elected by the Members pursuant to the Bylaws after termination of the Development Period. Except as specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers and perform all functions of the Board. 5.6 Management Agreements The Association may enter into such agreements for the performance of any or all of the functions of the Association with such persons or entities as the Association deems fit and proper in its sole discretion. ARTICLE6 MANAGEMENT OF COMMON AREAS 6.1 Control 6.1.1 The Developer shall have and hereby reserves for itself, its successors and assigns, and for any Participating Builder, an easement for the right, during the Development Period and any period thereafter in which Developer or a Participating Builder, respectively, is a Lot Owner, to utilize the Common Area for its business uses and purposes, including, but not limited to, completion of improvements thereon and other uses and purposes related to the construction, promotion and development of Wedgewood Lane. Upon termination of the Development Period, said Developer's and Participating Builder(s)' easement shall automatically terminate. Control and the management and W:\WPD0CS\90313\0021onb6550.doc 04124107 Page 6 Declaration of Protective Covenants for Wedgewood Lane administration of the Common Area shall vest in the Association at the end of the Development Period subject to the Developer's and Participating Builder(s)' aforementioned rights of use. 6.1.2 The terms of this ARTICLE 6 shall not be deemed to create any right for the Association to grant additional easements (other than those created herein) across the NGPA, streams or wetlands within the Common Areas located on Tract A of Division I, Tract C of Division 2, Tract B, G and H of Division 3 and Tract A of Division 4 without the prior written approval from the City of Renton. 6.2 Goods and Services The Board shall acquire and pay for as a Common Expense of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas, including but not limited to the storm drainage and detention system, open spaces, wetlands, entry monument(s), entry and other landscaping, and Common Area irrigation system, as required or advisable. The Association may provide such additional common maintenance which it determines to be in the best interests of the Lot Owners. 6.3 Wetlands and Stream Maintenance and Monitoring Developer shall monitor and maintain the wetlands and streams within the Native Growth Protection Areas located on Tract A of Division 1, Tract C of Division 2, Tract B, G and H of Division 3 and Tract A of Division 4 until the termination of the Development Period. The Association shall maintain the wetlands and streams thereafter. If the Association fails to adequately maintain the wetlands during any period in which Developer has posted a maintenance bond and Developer is required to either maintain the wetlands itself or to pay for the maintenance, the Association shall indemnify and hold Developer harmless from any such cost. The wetlands and stream shall be maintained in accordance with all applicable laws. rules and regulations and the approved "Final Wetland and Stream Monitoring and Maintenance Plan, Wedgewood Lane Divisions I, 2, 3 and 4," attached hereto as Exhibit C. The following is a summary of some of the requirements listed in Exhibit C: (a) The wetlands mitigation area shall be monitored on the following schedule: (i) Thirty (30) days after initial completion of the mitigation; (ii) Quarterly during the first year after installation of the plant materials, during the months of March, June, September, and December; (iii) During June or July of the second, third, fourth and fifth years after installation; and (iv) Final inspection of the mitigation project, five ( 5) years after the mitigation plantings were installed and the mitigation work accepted as complete. The wetland biologist will monitor the project on the foregoing schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These reports will be submitted to City of Renton within three (3) weeks of completing each monitoring visit. The wetland biologist will prepare a final report at the end of the five (5) year mitigation period. (b) The mitigation areas shall be examined periodically to determine the possible invasion of weedy pest species such as Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desirable native species. These pest species shall be controlled as they appear on the buffer enhancement area. Reed canarygrass may be periodically cut to control its growth, and blackberry can be physically pulled out or cut down. Red alder and black cottonwood, or Wc\WPDOCS\90313\002\nnh6550.doc 0412410'7 Page 7 Declaration of Protective Covenants for Wedge wood Lane other tree seedlings which may become established shall be thinned to eight feet (8') to twelve feet (12') centers. (c) Irrigation will be required during the first summer and, if necessary, during the second summer after installation. Water shall be applied as necessary depending on rainfall and soil moisture conditions. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. ( d) Requirements for replacement of dead plant materials shall be identified during the monitoring inspection. Replanting as necessary shall be carried out during the dormant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. The management, maintenance and administration of the wetlands and streams described in this Section 6.3 shall be conducted in accordance with the guidelines approved by the City of Renton in said document titled the "Final Wetland and Stream Mitigation Monitoring and Maintenance Plan, Wedgewood Lane Divisions 1, 2, 3, and 4," dated Mo..-th,, ;b1 , 2007, attached hereto as Exhibit C and in the "Final Wetland and Stream Mitigation Plan, Wedgewood Lane Divisions!, 2, 3, and 4," attached hereto as Exhibit E. The Association shall comply with all requirements in said documents, and all expenses of such maintenance and compliance shall be a common expense. 6.4 Maintenance of Surface Water Management Facilities The Association shall be responsible for the management, maintenance and administration of the surface water management facilities located on the Common Areas. Such management, maintenance and administration shall be conducted in accordance with the guidelines known as "Maintenance Recommendations for H.0.A. Owned and Maintained Surface Water Management Facilities for Wedgewood Lane Divisions!, 2, 3, 4 and 5", attached hereto as Exhibit D. All expenses of such maintenance shall be a common expense. 6.5 Additional Properties If additional properties are subjected to this Declaration pursuant to ARTICLE 3, Developer and any Participating Builder shall have an easement as described in Section 6.1 on the Common Areas located therein. Upon termination of the Development Period, said Developer's and Participating Builder(s)' easement shall automatically terminate. Thereafter, the Association shall be responsible for the management, maintenance and administration of such Common Areas. Costs of maintaining and operating the Common Areas located in additional properties shall be a common expense. 6.6 Dedication to Governmental Entities 6.6.1 Until the termination of the Development Period, Developer reserves the right (a) upon written approval and acceptance by the applicable state, county, municipal or other government entity, to withdraw any undeveloped part of the Property from this Declaration and to dedicate, transfer or convey to any state, county, municipal or other governmental entity any such part of the Property; and (b) to transfer and convey any undeveloped part of the Property to the Association, which shall thereafter maintain such part of the Property. The rights reserved to Developer in this Section 6.6 shall be exercised by Developer at Developer's sole discretion. W:\WPD0CS\90313\002\unb6550.doc 04124107 Page 8 Declaration of Protective Covenants for Wedgewood Lane 6.6.2 Following termination of the Development Period, the Association shall have the authority to dedicate, sell, or transfer all or any part of the Common Area to any governmental entity, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Lot Owners. No such dedication or transfer shall be effective unless an instrument has been approved in writing by seventy percent (70 % ) of the members agreeing to such dedication, sale or transfer and such entity, public agency, authority, or utility has agreed in writing to accept and maintain such part of the Common Areas .. ARTICLE? PROPERTY RIGHTS IN THE COMMON AREA 7.1 Association Control of Common Area The Association owns and controls the Common Area for the benefit of the Lot Owners. Except as otherwise limited by law or prior restriction, each Lot Owner shall have a non-exclusive right to the use and enjoyment in and to the Common Areas. Subject to the Developer's rights set forth in Section 5.6, each Lot Owner hereby grants the Association an irrevocable right to manage and control the Common Areas on behalf of and in the interest of the Lot Owners. 7.2 Restrictions on Use of Common Areas Except with regard to utility easements, public trail easements and Developer's and Participating Builder· s rights during the Development Period, the Common Areas may be used only by Members and their guests. 7 .3 Native Growth Protection Areas Tract A of Division I, Tract C of Division 2, Tracts B, G, Hand J of Division 3 and Tract A of Division 4 are Native Growth Protection Areas ("NGPA") and are also Common Areas. Tract Hof Division 3 is subject to Drainage System Installation, Maintenance and Repair Easements and Related Covenants, recorded under King County Recording No. 20051010001070. As set forth on the Plat, subject to and except for exercise of rights pursuant to utility, trail, access and drainage easements depicted on the Plat, any development, alteration or disturbance within any NGPA shall be prohibited except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Renton and from any other agency with jurisdiction over such activity. Granting any subsequent easement within the NGPA shall require prior written approval from the City of Renton. 7 .4 Other Restrictions The Common Areas shall also be subject to the other restrictions, limitations and reservations contained or provided for in this Declaration or the Bylaws. ARTICLES COVENANT FOR ASSESSMENTS 8.1 Creation of Lien and Personal Obligation of Assessment By acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument, each Lot Owner is deemed to covenant and agree to W: I WPDOCS\903 I 3\0021nnb6550.doc 04/24/07 Page 9 Declaration of Protective Covenants for Wedgewood Lane pay to the Association all common expenses assessed against said Owner's Lot by the Association. Common expenses include, but are not limited to: (a) annual assessments or charges and (b) special assessments. Said annual and special assessments, together with interest therein and costs of collection thereof (including reasonable attorneys' fees whether or not suit is commenced), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest and costs of collection, shall also be the personal obligation of the Lot Owner owning the Lot when the assessment is due. There shall be no assessment on any Lot until after the initial transfer of the Lot to a residential owner. The personal obligation for delinquent assessments shall not pass to the Lot Owner's successors in title unless the lien for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 8.2 Purpose of Assessments The annual and special assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety and welfare of the Members thereof, their guests and invitees, and shall be used to improve, protect, operate and maintain the Common Areas and provide for performance of the duties of the Board. All funds collected hereunder shall be expended for the purposes designated herein. 8.3 Initial Assessment At the time of the purchase of the Lot, each Lot Owner (except Developer and any Participating Builder) shall pay the initial annual assessment. The initial annual assessment is the amount that the Board has assessed against the Lot for the year in which the Lot is purchased, which amount shall be prorated for any partial year. The initial annual assessment shall be collected by the escrow agent at the closing of the purchase of the Lot. 8.4 Annual Assessments Each year the Board shall assess each Lot Owner for an annual assessment in an amount which, in the aggregate, is sufficient to meet the obligations of the Association. Commencing on January I following the termination of the Development Period and continuing each year thereafter, the annual assessments shall not be increased by more than twenty-five percent (25 % ) without the approval of seventy percent (70%) of the Members voting at a meeting duly called for such purpose. Notwithstanding the provisions set forth above, (a) the Developer, its successors or assigns shall not be liable for any fees or assessments assessed or due prior to the termination of the Development Period, and (b) a Participating Builder shall not be liable for any fees or assessments except that a Participating Builder shall be liable for assessments on any Lot upon the earlier of the termination of the Development Period or one hundred twenty (120) days after the date that the Participating Builder has completed construction of a residence upon such Lot and/or obtained a Certificate of Occupancy for such Lot. W: I WPDOCS190313\002\tmb6550.doc 04124107 Page 10 Declaration of Protective Covenants for Wedgewood Lane 8.5 Estimated Assessments Within sixty (60) days prior to the beginning of each calendar year or such fiscal year as the Board may adopt, the Board shall (a) estimate the annual assessments and special assessments for the Lots to be paid during such year; (b) make provisions for creating, funding and maintaining reasonable reserves for contingencies and operations, for maintenance repair, replacement and acquisition of Common Areas and/or (c) take into account any expected income and any surplus available from the prior year's operating fund. If the estimated cash requirement proves inadequate for any reason, including nonpayment of any Lot Owner's assessment, a further assessment may be levied during that fiscal year upon a majority vote of the Board. Within thirty (30) days after the Board's adoption of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of the Lot Owners to consider ratification of the budget. The Board shall give written notice of such meeting to all Lot Owners. Said written notice shall include a summary of the proposed budget. The meeting date shall be not less than fourteen ( 14) and not more than sixty (60) days after mailing of the notice and summary. Unless at the meeting the Lot Owners holding a majority of the votes in the Association, in person or by proxy, reject the budget, the budget shall be deemed ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board. 8.6 Payment By Owners Each Lot Owner shall be obligated to pay its annual and special assessments to the Treasurer of the Association. Annual assessments shall be paid in full on or before the annual due date established by the Board. Special assessments shall be paid annually or in equal monthly installments or before the first day of each month during each year or at such time and in such other reasonable manner as the Board designates. 8. 7 Record of Assessments The Association shall keep an accurate record of its receipt and expenditures in chronological order. Such record shall specify and itemize the operation, maintenance, replacement and repair expenses of the Common Area and any other expenses incurred. Records and vouchers authorizing such payments shall be available for examination by the Lot Owners for any proper purpose at any reasonable time. 8.8 Special Assessments In addition to the annual assessments authorized above, the Association may levy in any fiscal year as the Board designates, a special assessment for the purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair, acquisition or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto. No such special assessment levied against all Lot Owners shall be in excess of Twenty-five Thousand Dollars ($25,000), except upon a majority vote of the Lot Owners in attendance at a meeting duly called for said purposes, or in excess of One Hundred Thousand Dollars ($100,000) except upon a seventy percent (70 % ) affirmative vote of the Lot Owners in attendance at a meeting duly called for said purpose. The Board may also levy a special assessment against one (1) or more Lot Owners who are in W: \ WPD0CS\90313\002\onb6550. doc 04/24/07 Page JI Declaration of Protective Covenants for Wedgewood Lane violation of ARTICLE 10 or ARTICLE 11 and/or any other provisions of this Declaration. The limitation on maximum annual assessments and special assessments shall not apply to an assessment levied against a Lot Owner which is imposed by the Board to reimburse the Association for costs incurred in bringing the Member or the Lot owned by the Member into compliance with the provisions of this Declaration or the Bylaws. 8.9 Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all Lots except for assessments against a specific Lot Owner imposed by the Board to reimburse the Association for costs incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the Bylaws. 8.10 Default in Payment of Assessment-Remedies If any assessment is not paid within thirty (30) days after it is first due and payable, such assessment shall bear interest at the highest rate permitted by law, or if no limitation is imposed by Jaw, at eighteen percent (18 % ) per annum, from the date on which it was due until paid. In the event any annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days' written notice to the Lot Owner, accelerate and demand immediate payment of the delinquent assessment, and any assessments which the Board reasonably determines will become due during the next succeeding twelve (12) months. If the assessments and any accrued interest is not paid in full within fifteen (15) days of the date of the notice, the Association may bring an action against the person or entity personally obligated to pay such assessment and/or record a lien for the amount of the assessments plus interest and attorney fees and costs incurred or estimated to be incurred in enforcing the lien with the county in which the Lot is located. The lien may be foreclosed in the same manner as a real property mortgage. Suit to recover a money judgment for unpaid assessments or charges can be maintained against the Lot Owner in conjunction with or separate from foreclosure of the lien. 8.11 Foreclosure of Assessment Lien; Attorney's Fees and Costs The Developer or Board may initiate action to foreclose the lien of any assessment on behalf of the Association. In any action to foreclose a lien against the Lot for nonpayment of delinquent assessments or charges, any judgment rendered against the Lot Owner in favor of the Association shall include a reasonable sum for attorney fees and costs and expenses reasonably incurred in preparation for and pursuit of such action in addition to taxable costs permitted by law. The Association shall be entitled to reimbursement for all of its attorney fees whether or not suit is filed or prosecuted to judgment, and whether said attorney fees are incurred in negotiation, arbitration, litigation, foreclosure or collection action, bankruptcy or appeal. 8.12 Homestead Waiver Each Lot Owner hereby waives, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim such homestead or exemption prior to payment in full of all delinquent assessments. W :\ WPD0CS\90313\002\nnb6550.doc 04/24/07 Page 12 Declaration of Protective Covenants for Wedgewood Lane 8.13 Curing of Default If the Lot Owner cures the default prior to foreclosure of the lien of assessment, the Board shall file and record a satisfaction and release of lien. The Board may assess a reasonable fee to cover the cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the filing of the satisfaction of lien. The notice of satisfaction of lien may be executed by any authorized representative of the Board. 8.14 Continuing Liability for Assessments No Lot Owner may exempt himself from his liability for annual or special assessments by abandonment of his Lot or abandonment of the use of any Common Area. 8.15 Exempt Property The following property is exempt from the assessments created herein: (a) all properties dedicated to and accepted by local public authority; (b) all Common Areas; and (c) all properties the fee title to which is retained by Developer, except that any land or improvements devoted to dwelling use shall not be exempt from said assessment. 8.16 Rights of Board -Waiver of Lot Owners Each Lot Owner hereby vests in and delegates to the Board or its duly authorized representatives, the right and power to bring all actions at law, including lien foreclosures, whether judicially or by power of sale or otherwise, against any Lot Owner for collection of the delinquent assessments in accordance herewith. Each Lot Owner hereby expressly waives any objection to the enforcement in accordance with this Declaration, of the obligation to pay annual and special assessments as set forth herein. 8.17 Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of foreclosure of any Lot which is subject to such first mortgage shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such Lot Owner from personal liability for any assessment due nor shall any Lot be relieved from paying assessments becoming due after foreclosure of the lien thereof. ARTICLE9 ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 9.1 Establishment An Architectural Control Committee is hereby established as a special committee of the Board. The Architectural Control Committee shall review all proposed construction for compliance with the Architectural Controls listed in this Article. The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls given to the Board or its authorized W: I WPD0CSl9031310021nnb6550.doc 04/24107 Page 13 Declaration of Protective Covenants for Wedgewood Lane representatives as enumerated in Section 9.2 herein until the Architectural Control Committee is terminated. The initial Architectural Control Committee ("Committee") is comprised of: Richard Gilroy Patrick Gilroy 1560 -140"' Avenue NE Bellevue, Washington 98005 1560 -140"' Avenue NE Bellevue, Washington 98005 A majority of the Committee may designate a representative to act for it. 1n the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor or to act alone. Neither the members of the Committee nor its designated representative, shall be entitled to any compensation for services performed as a member of the Committee unless authorized by a two-thirds (2/3) vote of the Board. The term of office of the above- designated Committee shall terminate automatically upon the sale or conveyance of the last initial Lot owned by Developer, if not sooner terminated by Developer in the same way that the Development Period can be terminated by Developer pursuant to Section 4.1 herein. The Architectural Control Committee may continue, even after termination of the Development Period, if the Developer elects to terminate the Development Period before it has sold all of its Lots but does not elect to terminate the Architectural Control Committee. 9.2 Design Review Committee At the termination of the Development Period, the Board or a committee of the Board shall appoint a Design Review Committee. The Design Review Committee shall consist of three (3) or more Lot Owners. The Design Review Committee shall have all the powers and authority of the Architectural Control Committee and any reference in this Declaration to the Architectural Control Committee shall also refer to the Design Review Committee. The Committee must give its written approval before any person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape any Lot. The Committee shall grant written approval upon two-thirds (2/3) affirmative vote of the Committee. 9 .3 Submission of Plans No structure shall be constructed or caused to be constructed on any Lot unless the plans for the structure have been approved in writing by the Committee. At least forty-five (45) days prior to commencement of construction, a Lot Owner or prospective Lot Owner shall submit one copy of materials adequate to allow review of a proposed action for each Committee member, plus one additional copy for the files of the Committee. Submittals must include, at minimum: (a) site plan; (b) exterior elevations (all sides); (c) color board showing all exterior colors and materials; and (d) landscape and exterior lighting plan. The Committee may request additional information or details. 9.4 Approval of Plans The Committee shall approve or disapprove of such plans within thirty (30) days of said submittal. The Committee's decision shall be in writing. The Committee shall have the right to approve a proposal subject to compliance with conditions established by the Committee. If the Committee fails to approve or disapprove a plan within the thirty (30) day period, approval shall not be W :\ WPD0CS\90313\002\tmb6550.doc 04124107 Page 14 Declaration of Protective Covenants for Wedgewood Lane required, and this Article shall be deemed to have been fully complied with. The decisions of the Committee are final. 9 .5 Criteria The Architectural Control Committee shall consider the following criteria in approving or rejecting the plans submitted to it: (a) the harmony of the external design, color and appearance of the proposal in relationship to the surrounding neighborhood; (b) the location of the proposed Building on the Lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, existing buildings and adjoining lots and buildings thereon; and (c) the compliance of the proposal with the covenants contained in this Declaration and any rules and regulations promulgated pursuant to this Declaration. 9.6 Effect of Committee Approval No Buildings shall be constructed or caused to be constructed on any Lot unless the Committee has approved the plans as provided above. The Committee's approval of any plan shall not constitute any warranty or representation by the Committee, the Board or any of their Members that such plans were examined or approved for engineering or structural integrity or sufficiency or compliance with the applicable governmental laws, codes, ordinances and regulations. 9. 7 No Liability The Members of the Architectural Control Committee shall have no personal liability for any action or decision made by the Committee. By acceptance of a deed to any Lot, the Lot Owner agrees and covenants not to maintain any action against any Member of the Architectural Control Committee which seeks to hold that Member personally or individually liable for damages relating to or caused by any action or decision of the Committee. Each Lot Owner hereby releases any and all claims of any nature whatsoever against any member of the Architectural Control Committee, the Board, and the Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency, compliance of any plans approved by the Committee. 9.8 Size 9.8.1 Lot Size. No Lot or portion of a Lot in this plat shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which the Lot is located. 9.8.2 Local Codes. All buildings or structures shall be constructed in accordance with the City of Renton and any other applicable codes. In the event of a conflict between any applicable codes and this Declaration, the codes shall govern. 9 .9 Building and Construction All Buildings on a Lot are subject to the following restrictions: 9.9.1 Single Family Residence. Only one(!) single-family residence ("house") may be constructed or permitted to remain on a Lot. W: \ WPDOCS190313\002\tmb6550.doc 04/24/07 Page 15 Declaration of Protective Covenants for Wedgewood Lane 9.9.2 Exterior Finish. The exterior of all structures shall be designed, built and maintained in such a manner to blend with the natural surroundings and existing structures within Wedgewood Lane. Siding shall be solid wood product or approved wood by-product, stucco, stone, faux stone, or brick. All exterior paint colors shall be consistent with surrounding structures. No primary, reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin and the structures on adjacent lots. All structures shall be completed as to exterior appearances, including finish painting, within nine (9) months from the date construction is commenced which shall be defined for the purposes of this paragraph as the date the foundation is poured. 9.9.3 Fences. Fences may be erected on property lines, except that fences erected between the front of the house and the street or on comer Lots between the side of the house and the street shall be subject to prior review and approval by the Architectural Control Committee. Nothing in this Section 9.9.3 shall prevent the erection of a necessary retaining wall. No fence, wall, hedge or mass planting shall at any time extend higher than six (6) feet above the ground, except for necessary retaining walls or rockeries which conform to the City of Renton Building Codes. No wire fences shall be used unless approved by the Architectural Control Committee. The finished side of all fences shall face the exterior of the Lot and shall be painted or finished to match or blend with the existing appurtenant structures. 9.9.4 Roofing. The roofing materials shall be subject to prior review and approval by the Architectural Control. 9.9.5 Prefabricated Buildings. No prefabricated buildings or structures of any nature whatsoever, specifically including mobile homes, permanent or temporary, shall be moved, placed, constructed or otherwise maintained on any Lot. 9.9.6 Lighting. All area lighting shall be designed and positioned to ensure that the light source is not visible from any other house in the development. 9.9.7 Temporary Occupancy and Temporary Buildings. No trailer, recreational vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary buildings or structures of any kind shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during construction of the improvement of any Lot shall be removed immediately after completion of construction or upon request of the Architectural Control Committee, whichever occurs first. 9.9.8 Storage Sheds and Outside Storage. No storage, buildings or sheds, whether prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the Architectural Control Committee. 9.9.9 Landscaping. Landscaping of the Lot on which such house is constructed shall be fully completed within one hundred eighty (180) days of the completion of construction of the house on said Lot. The building area shall be kept reasonably clean during the construction period. Landscaping shall emphasize plantings and other features which shall complement and enhance the W: I WPDOCSl90313\002\tmb6550.doc 04124107 Page 16 Declaration of Protective Covenants for Wedgewood Lane native existing character of Wedgewood Lane. Each Lot Owner shall ensure that their landscaping is maintained to provide a neat and attractive appearance. 9.9.10 Yard Art. No yard pieces or yard art, including but not limited to sculptures, statues, and other freestanding or attached works, whether for decoration or otherwise, more than twelve inches (12") tall or twelve inches (12") wide shall be permitted outside of the Buildings and within view from the street without prior written approval of the Architectural Control Committee. 9. 9. 11 Topography. The topographic conditions of any Lot shall not be altered in any way that would adversely affect or obstruct the approved and constructed storm drain system and surface flows without the written consent of the Board. 9.9.12 New Construction. All Buildings shall be of new construction, except that used brick, siding or similar decorative materials may be used. 9.9.13 Utility Service. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said overhead wires shall be erected, placed or maintained on the Property. 9.10 Conduct of Construction 9. 10.1 Contractor. No Building may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Architectural Control Committee. 9.10.2 Completion of Construction. The exterior of any Building constructed or placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, within nine (9) months from the start of construction so as to present a finished appearance when viewed from any point, unless completion is delayed by acts of God or labor stoppages not attributable to the fault of the Lot Owner. All work shall be prosecuted diligently and continuously from the start of construction until the house is fully completed and painted. No Lot Owner shall reside on any Lot except in a residential dwelling constructed or placed thereon that shall have received a certificate of occupancy or analogous certification from the city or county in which it is located or any successor governmental entity with jurisdiction. 9.10.3 Commencement of Construction. Construction shall not commence until a building permit and any other applicable permits or approvals from the appropriate public agency or agencies are obtained. All Buildings constructed hereunder shall conform to the applicable building code(s) then in effect. Construction of any structure or performance of any other act requiring approval of the Committee must begin within one hundred eighty (180) days after it is approved. If such construction or performance is not begun within such period, the approval shall lapse and be void. The applicant must obtain further review and approval by the Committee prior to commencement or performance. The Committee may disapprove, condition or require changes in the project upon such further review. 9. 10.4 Delay of Completion-Fine During Development Period. During the Development Period, if improvements on any Lot are not completed so as to present a finished exterior appearance within one (I) year after purchase from the Developer, unless completion is delayed by acts W: \ WPD0CS\903 I 3\002\tmb6550. doc 04/24/07 Page 17 Declaration of Protective Covenants for Wedgewood Lane of God or labor stoppages not attributable to the fault of the Lot Owner, such Lot shall be assessed Three Thousand Dollars ($3,000). Such assessment shall be payable to Developer, who may collect it pursuant to ARTICLE 8. This assessment is intended to encourage the prompt development of Wedgewood Lane, enh_ance the value of other Lots, compensate the Developer for lost sale opportunities, and prevent the reduction in value of other Lots within Wedgewood Lane that will occur if each Lot is not promptly developed. Developer will not review plans until such assessment is paid, and if an assessment is outstanding, the failure of the Developer to review plans shall not be deemed approval thereof. ARTICLE 10 EXTERIOR MAINTENANCE 10.1 Lot Owners' Obligations Each Lot Owner shall maintain the exterior of his Lot, including the Building, in good condition and repair, adequately painted or otherwise finished, and in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. The Committee may determine when such exterior maintenance is required in order to maintain the well kept, neat appearance of all Lots in Wedgewood Lane. Such determination shall include, but not be limited to, the need to: (a) Paint any Building or fence; (b) Repair or replace items such as windows, roofs, fences, or alarm systems; (c) Maintain and keep up trees, lawn areas and landscaping; ( d) Repair and maintain all roof drains and area storm drains; or (e) Remove recreational vehicles, trailers or camper tops left on the Lot as provided in ARTICLE 11 hereof. If any Lot Owner fails to provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards set forth above, the Association, after approval by two-thirds (2/3) vote of the Board, may notify said Lot Owner in writing of the maintenance required. If said notice is delivered to the non-performing Lot Owner and the noted condition is not remedied after a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the non-performing Lot Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner, and may be collected in the same manner as any other annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in ARTICLE 8 of this Declaration. 10.2 Trees Each Lot Owner shall maintain trees located on the Owner's Lot and those trees within the street right-of-way abutting the Owner's Lot, unless the City of Renton has adopted a maintenance program. W:\WPDOCS\90313\002\unb6550.doc 04124107 Page 18 Declaration of Protective Covenants for Wedgewood Lane 10.3 Color Approval The Committee shall approve the color of paint to be used on any Building or fence in the same manner outlined in Section 9.2. 10.4 Roof Approval The Committee shall approve the type and the color of roofing materials used in the replacement or repair of roofs in the same manner outlined in Section 9.2. ARTICLE 11 PROPERTY USE RESTRICTIONS 11.1 Business and Commercial Use of Property Except as set forth in this Section, no trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Property. Lot Owners may conduct a home trade or business within a Lot provided that (a) the existence or operation of the trade or business activity within the Lot is not apparent or detectable by sight, sound or smell from the exterior of the Lot; (b) the trade or business activity conforms to all applicable zoning requirements; ( c) the trade or business activity does not increase traffic beyond the usual residential volumes within the Property; ( d) the trade or business activity does not increase the liability or casualty insurance obligation or premium of the Association; and (e) the trade or business activity is consistent with the residential character of the Association and does not constitute a nuisance or hazardous or offensive use, as determined in the sole discretion of the Board. The Board shall have final authority to determine if business conducted on a Lot is in compliance with this Section. 11.2 Signs No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (a) customary name and address signs; (b) "For Sale" or "For Rent" signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of the residence; (c) signs required by legal proceedings (and then the sign shall be no larger than eighteen (18) inches by twenty-four (24) inches, unless mandated by statute or court order); (d) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days); (e) promotional and sales signs of the Developer and/or its agents; and (f) permanent monuments (entry signage) and Common Area identification signs. 11.3 Parking Certain Vehicles No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle, mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper, camper shell or other similar vehicles or equipment may be parked, maintained, constructed, reconstructed or repaired on any Lot or Common Area within the Property. Notwithstanding the foregoing, any of the above described vehicles may be stored in a garage or behind the building line provided said vehicles are screened from other Lots, the street, or Common Areas and said screening device is in compliance with the rules and restrictions in this Declaration and as determined by the W: \ WPDOCS\903 I 3\002\onb6550.doc 04/24/07 Page 19 Declaration of Protective Covenants for Wedgewood Lane Committee and the Board. This paragraph shall not apply to cleaning, loading and short term parking which shall be permitted for a cumulative period not to exceed forty-eight ( 48) hours in any calendar month. 11.4 Motor Vehicles No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed, reconstructed, repaired or rebuilt upon any Lot or Common Area within the Property, and no inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot, Common Area or street; provided, however, that this Section 11.4 shall not apply to (a) emergency vehicle repairs which require less than twenty-four (24) hours to complete, and (b) vehicles parked in garages which are not visible from any Lot, Common Area, or the street. 11.5 Nuisances; Hazardous Activities; Lighting No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Lot Owners. No odors or loud noises shall be permitted to arise or emit from any Lot or Common Area so as to render any such property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbecue unit while attended. Decorative holiday lighting shall be removed no later than thirty (30) days after the date of the holiday. 11.6 Animals A Lot Owner may keep dogs, cats and other conventional, indoor household pets subject to rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable in a closely built-up residential community. All animals must be kept solely as domestic pets. Other animals may be kept on Lots only upon written approval of the Association. The Association shall have the right to exclude any animal from the Property even though it allows other animals to remain. When not confined to the Owner's Lot, pets within the Property shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance, as determined by the Board, at its sole discretion. 11.7 Trash Disposal Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or maintained on any Lot or Common Area. All garbage and other waste shall be kept in appropriate sanitary containers located in appropriate areas and concealed from view from the street and from adjoining Lots. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the Common Areas. The individual Lot Owner shall be solely responsible to remove and dispose of all such materials. Should any Lot Owner fail to comply with this covenant within ten (10) days following W: I WPD0CSl90313\002\tmb6550.doc 04/24/07 Page 20 Declaration of Protective Covenants for Wedgewood Lane the date on which notice is mailed to him by the Association informing him of such violation, then the Association may have said materials removed and charge the expense of removal to said Lot Owner, which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot. 11.8 Unsightly Conditions No Lot Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The Committee, in its sole discretion, may grant a written waiver of this Section, upon written application by a Lot Owner as provided in this Declaration. 11.9 Antenna An antenna, satellite dish or other device for the transmission or reception of television or radio (including ham radio) signals, or any other similar device may be located, used or maintained outdoors on any lot only if such device is screened from view from other Lots and the street. However, the Committee shall approve installation of any such device one ( 1) meter or Jess in diameter without such screening if the Lot Owner desiring to install such device demonstrates to the Committee that such screening would unreasonably delay or prevent installation, maintenance, or use of such device, unreasonably increase the cost of installation, maintenance or use of such device, or preclude reception of an acceptable quality signal. The Committee shall review and grant an exception for such device on a case-by-case basis upon written request by such Lot Owner desiring an exception. 11.10 Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 11.11 Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a Building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. 11.12 Oil Drilling, Etc. 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 W:\WPDOCS190313\002\tmb6550.doc 04/24/07 Page 21 Declaration of Protective Covenants for Wedgewood Lane 11.13 Development Activities Exempted Nothing in this Declaration shall prevent Developer, its successors and assigns, and Participating Builders and their respective contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Developer deems necessary in order to accomplish such purpose. As used in this Section, "successors and assigns" specifically shall not include purchasers of Lots improved with completed residences. 11.14 Violations The Board, Developer, Lot Owner or their authorized representative shall give written notice of a violation of the restrictions of this Declaration to the Lot Owner or occupant, who shall have ten (10) days from the date of receipt of said written notice to take whatever actions are necessary to remedy said violation. If the Lot Owner or occupant fails to comply within said ten (10) day period, the Board, Developer, Lot Owner or their authorized representative may take whatever actions are necessary to bring the Lot Owner into compliance with these restrictions, including but not limited levying reasonable fines after notice and an opportunity to be heard. The Lot Owner in violation shall be responsible for paying all costs associated with enforcing these restrictions (including attorney fees) and the Association may collect such amounts as provided in ARTICLE 8. Said Lot Owners hereby grant to the Association an express easement for the purpose of enforcing these restrictions. ARTICLE 12 EASEMENTS 12.1 Easements The following nonexclusive, perpetual, appurtenant easements and those shown on the Map are hereby reserved for the benefit of and created, granted and conveyed to the Lot Owners, the Association or other parties as identified below: 12.1.1 Utility Easements. Utility easements are granted to utility entities as shown on the Map. The utility entities shall use the easements in such manner as to minimize inconvenience to the Lot Owners, damage to the roadway and existing structures and interference with other utilities. Said utility entities shall, at their own expense, repair any damage and restore the Property to as good a condition as existed prior to the performance of said work by said utility companies. Each Lot Owner agrees not to place locks on structures enclosing utility meters or to in any manner interfere with utility representatives' access to said meters at all times 12.1.2 Private Easements. As set forth on the Map, private easements for access, utilities, drainage and/or water are granted to certain Lots. A summary of said easements is set forth on the Easement Tables attached hereto as Exhibit B. The summary shows the Benefited Property and Burdened Property for each easement. Said easements shall be non-exclusive, perpetual and appurtenant and shall run with the land and bind the heirs, successors and assigns of the Lot Owners of both the Benefited Property and the Burdened Property. The Lot Owners of the Benefited Property shall maintain, repair and replace the facilities within the easement area (as described on the Map) and shall pay all costs thereof. If there is more than one Lot benefited by the same easement, then the Lot Owners of all of the Lots benefited thereby shall share said costs equally. The Lot Owner(s) of the benefited Lot( s) shall restore the landscaping and other improvements within the easement area to their W:\WPD0CS\90313\002\tmb6550.doc 04/24/07 Page 22 Declaration of Protective Covenants for Wedgewood Lane condition immediately prior to such maintenance, repairs or replacement. Except for access easements, prior to entering the easement area, the Lot Owner of the Benefited Property shall give the Lot Owner(s) of the Burdened Property reasonable advance notice, unless immediate entry is necessary due to emergent damage or threat to the Benefited and/or Burdened Property, So long as the Lot Owner of the Burdened Property does not interfere with the purpose of the easement or applicable City of Renton critical areas regulations, said Lot Owner shall have the exclusive right to make any and all decisions regarding the use, landscaping, paving and/or other improvements within the easement area, and shall pay all costs associated therewith. The Lot Owner of the Benefited Property shall hold the Lot Owner of the Burdened Property harmless from any and all claims, losses, damages and causes of action arising from or related to the use of the easement area by the Lot Owner of the Benefited Property. 12.1.3 Landscape, Fence and Entry Monument Easement. The Lot Owners of Lot 31 of Division 2, Lots 17, 18, 24 and 25 of Division 3 and Lots I and 2 of Division 4 hereby grant, convey and transfer to the Association a non-exclusive, perpetual easement over and across that portion of said Lots shown on the Map for the purpose of constructing, using, maintaining, repairing and reconstructing an entry monument or sign and a fence and for installing, maintaining and replacing landscaping. Said easements shall be Common Areas. The Association shall maintain, repair and restore any improvements and/or landscaping that it constructs or installs within the easement area. The cost of such construction, use, maintenance, repair, reconstruction and/or installation shall be paid by the Association as a common expense. These easements shall run with the land and shall bind the heirs, successors and assigns of the Owners of said Lots and the successors and assigns of the Association. 12.2 Maintenance of and Restrictions on Easement Areas The Association, its employees, agents and contractors, shall have a perpetual, nonexclusive easement over, under and across the Propeny with a right of immediate entry and continued access for the construction, improvement, maintenance and repair of the sanitary sewer system, storm water drainage system, detention pond, water system, roads, open spaces, common landscaping, natural growth protected areas, wetlands and all other Common Areas for which the Association is responsible. No structure, planting or other material shall be placed or permitted to remain under, on or in any easement which shall interfere with the use of the easement or which may damage or interfere with the installation and maintenance of the roadway, sewer or utilities, or which may damage, interfere with or change the direction or flow of drainage facilities within easements for installation and maintenance of roadway, utilities, sewer and drainage facilities. ARTICLE 13 GENERAL PROTECTIVE COVENANTS 13.1 Partition No part of the Property shall be partitioned, nor shall any Lot Owner or any person acquiring any interest in the Property or any part thereof seek judicial partition, except in accordance with the express provisions of this Declaration. 13.2 Subdivision or Combination No Lot or any part of the Property shall be divided or combined except on approval of seventy percent (70%) of the Members attending a meeting of the Association duly called for that purpose. W: \ WPDOCS\90313\002\unb6550.doc 04/24/07 Page 23 Declaration of Protective Covenants for Wedgewood Lane Upon such approval, the Association shall file an amendment to this Declaration as may be necessary to describe fully such combined or subdivided Lot or Lots or Property with the King County Recorder. 13.3 Leases Any lease agreement between the Lot Owner and a lessee shall be in writing. Such lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Bylaws, and that any failure by the lessee to comply with such terms shall be a default under the lease. If a lease agreement fails to so provide, the lessee shall still be subject in all respects to the provisions of this Declaration and the Bylaws by virtue of their being of record. 13.4 Mortgagee Protection The following provisions shall apply to and benefit each holder of a mortgage or beneficiary of a deed of trust given for the purpose of obtaining funds for the construction or purchase of a Building on any Lot or the improvement of any Lot ("Mortgagee" herein), notwithstanding and prevailing over any other provisions of this Declaration, the Bylaws, or any rules, regulations or management agreements: 13.4.1 Before Possession. Prior to the time a Mortgagee is entitled to possession of a Lot, Mortgagee shall not be personally liable for the payment of any assessment or charge, or for the observance or performance of any covenant, restriction, regulation, rule, Bylaw or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, as hereinafter provided. 13.4.2 During Foreclosure. During the pendency of any proceeding to foreclose said mortgage or deed of trust, the Mortgagee may exercise any or all of the rights and privileges of the Lot Owner of the mortgaged Lot, including, but not limited to, the right to vote as a Member of the Association to the exclusion of the Lot Owner's exercise of such rights and privileges. 13.4.3 During Possession. At such time as said Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of this Declaration and the Bylaws, including, but not limited to, the obligation to pay for all assessments and charges accruing thereafter, in the same manner as the Lot Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of this Declaration which secures the payment of any assessment for charges accrued prior to the date said Mortgagee became entitled to possession of the Lot. 13.4.4 Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Building foreclosed against may be treated as a common expense of the other Lots. Any such unpaid assessments shall continue to exist as a personal obligation of the defaulting Lot Owner of the respective Lot. W: I WPDOCS1903 l 3\002\ttnb6550.doc 04/24/07 Page 24 Declaration of Protective Covenants for Wedgewood Lane ARTICLE 14 INSURANCE 14.1 Liability and Hazard Insurance The Association shall obtain insurance policies as the Board deems appropriate and in the best interest of the Members. All such insurance coverage shall be written in the names of each of the Members. The Developer shall bear the costs of insurance obtained by the Developer prior to conveyance of the Common Area. 14.2 Building Insurance Every Lot Owner, at his own expense, shall insure his own Building against loss or damage by fire or other casualty in an amount equal to the full replacement value thereof. Every Lot Owner shall secure liability insurance covering his Lot. 14.3 Common Area Repair and Replacement If the property covered by the insurance specified in Section 14.1 is damaged or destroyed, the Association shall (to the extent permitted by any persons or entities to whom the damaged property is pledged as collateral), upon receipt of the insurance proceeds, contract to rebuild or repair such property to as good a condition as it was in when the loss occurred. The Association may contract with any licensed contractor for reconstruction or rebuilding of such property. During the Development Period, the Developer may elect to rebuild the damaged or destroyed portions of the property to the extent it receives insurance proceeds to cover said repair or reconstruction. 14.4 Building Repair and Replacement The Lot Owner of any Building damaged or destroyed by fire or other casualty shall, upon receipt of the insurance proceeds, contract to repair or rebuild the damaged or destroyed portions of the Building in a good workmanlike manner in conformance with the original plans and specifications of said Building. The plans and specifications for said Building may be modified and said Building may be reconstructed in accordance with said modified plans and specifications if the Lot Owner secured approval in conformance with Section 9.2. If the Lot Owner refuses or fails to commence such repair or rebuilding within thirty (30) days after such damage or destruction, the Association is hereby authorized by such Lot Owner to repair and rebuild any such Building in a good workmanlike manner in conformance with the original plans and specifications. The Lot Owner shall then repay the Association the amount actually expended for such repairs. The Association shall have a lien against the Lot for such amount and the rights to collect said lien as provided in ARTICLE 8. ARTICLE 15 ENFORCEMENT 15.1 Rules and Regulations The Board is hereby authorized and empowered to adopt the rules and regulations governing the use of the Property and the personal conduct of the Members and their guests thereon, and to impose fines and other penalties for the infraction of any covenant set forth in this Declaration, the Bylaws or said rules and regulations. The Board shall notify all Lot Owners in writing within thirty (30) days of the adoption of said rules and regulations. W: I WPDOCS190313\002\tmb6550.doc 04/24/07 Page 25 Declaration of Protective Covenants for Wedgewood Lane 15.2 Enforcement The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws and any rules and regulations promulgated by the Board by any proceeding at law or in equity. During the Development Period, the Developer may exercise this enforcement power on behalf of the Association. The City of Renton may enforce any restrictions, conditions, covenants, reservations, liens or charges for maintenance of the Common Areas and common facilities. 15.3 Remedies The remedies provided herein for collection of any assessment, fine, charge or claim against any Member, for and on behalf of the Association or Developer, are in addition to, and not in limitation of, any other remedies provided by law. 15.4 Waiver The failure of the Association, the Developer, any Lot Owner or any of their duly authorized agents to insist in any one or more instances upon the strict performance of or compliance with this Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option contained therein, or to serve notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration, the Bylaws, or rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant hereof shall not be deemed a waiver of such breach. 15.5 Costs and Attorney Fees If any authorized person or entity (including Developer and the City of Renton) employs an attorney to enforce any provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association, the prevailing party in such action shall be entitled to the award of reasonable attorneys' fees and costs incurred in said action whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation, appeal, bankruptcy or pre-or post-judgment collection. ARTICLE 16 AMENDMENT OF DECLARATION 16.1 Developer's Reserved Rights The Developer reserves the right and, on behalf of all Lot Owners, is hereby authorized to execute and to have recorded any amendments to this Declaration it deems necessary prior to the termination of the Development Period. All Lot Owners hereby grant to the Developer a full and complete power of attorney to take those actions and agree that said amendments shall be binding upon their respective Lots and them and their assigns to the same extent as if they had personally executed said amendments. All Lot Owners hereby acknowledge and agree that the power of attorney granted herein shall be deemed coupled with an interest and shall be irrevocable. W:\WPDOCS190313\002\tmb6550.doc 04/24/07 Page 26 Declaration of Protective Covenants for Wedgewood Lane 16.2 Amendment by Members After termination of the Development Period, this Declaration may be amended upon approval by a vote of seventy percent (70%) of the Members in attendance at a meeting duly called for said purpose. Votes shall be cast by written ballot either in person or by proxy at a meeting duly called for such purpose at which a quorum is present. The norice of said meeting shall include a copy of the proposed amendment. Members may also vote by executing a document in writing consenting to said amendment, which written consent may be submitted either prior to or within thirty (30) days following the date of said meeting. After such approval, the President and Secretary of the Association, for and on behalf of the Lot Owners, shall execute and record said amendment. 16.3 Amendments Affecting Maintenance or Operation of Common Areas Notwithstanding the foregoing, no amendment to alter the obligation of the Developer or the Association to the City of Renton for maintenance of the drainage facility, recreational facility, sensitive area tract, commonly owned landscaping or commonly owned trees, or to maintain and pay for maintenance or operation of the Common Areas shall be effective without the written consent of the City of Renton or its successor-in-interest. 16.4 Power of Attorney All Lot Owners hereby grant to the Association (or Developer during Development Period) a full and complete power of attorney to take any and all actions necessary to effectuate and record any amendment and agree that said amendment when authorized and recorded as provided in this Article shall be binding upon their property and them and their respective legal representatives, heirs, successors and assigns to the same extent as if they had personally executed said amendment. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed coupled with an interest and shall be irrevocable. ARTICLE 17 LIMITATION OF LIABILITY; INDEMNIFICATION 17 .1 Limitation of Liability No person who serves as a member of the Board (including the initial Board) or as an officer of the Association (including Developer) shall be personally liable to the Association or any Lot Owner or any other party for conduct as a member of the Board and shall be protected to the fullest extent permitted by law. If Washington State Law is amended after adoption of this Declaration, then the liability of each Board Member and officer of the Association shall be limited to the full extent permitted by the Washington State Law, as so amended. No repeal or modification of this Section 17. I shall adversely affect any right or protection of a Board Member existing at the time of such repeal or modification. 17 .2 Indemnification The Association shall indemnify and hold all persons who serve as a member of the Board or the initial Board or as a Board Member and officer of the Association (including Developer, to the extent Developer acts in any such capacity), harmless to the full extent permitted by Washington State Law as it now exists or as it is amended hereafter. This indemnification shall continue as to a person W: I WPDOCS190313\002\tmb6550.doc 04/24/07 Page 27 Declaration of Protective Covenants for Wedgewood Lane who has ceased to be a Board Member and/or officer and shall inure to the benefit of that person's heirs, personal representatives, or assigns. The Association may, upon written request, advance expenses incurred by the Board Members and/or officers entitled to this indemnification. If a claim for indemnification or advance of expenses is not paid within sixty (60) days after a written claim has been received by the Association, the claimant may sue the Association to recover any unpaid amount. If successful, the claimant shall be entitled to reasonable costs and attorneys' fees. In addition, the Association shall have the power to indemnify an officer who is not a Board Member, as well as employees and agents of the Association who are not Board Members (including the Developer), to the full extent permitted by Washington State Law as it now exists or is amended hereafter. Whether an officer, agent or employee who is not a Board Member should be indemnified and the amount of indemnification to be provided shall be determined by general or specific action of the Board of Directors. The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a Board Member, officer, employee, or agent of the Association against any liability asserted against him and incurred by him in such capacity or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of Washington State Law. The Association shall indemnify, defend and hold any Board Member or officer harmless for any obligation of the Association which the Board Member or officer personally guaranteed, so long as that Association obligation has been authorized and/or ratified by the Board of Directors as provided for in the Bylaws. If any provision of this Section 17 .2 is in violation of the Washington State Law in effect at the time of the request for indemnification, then that provision shall be automatically modified to provide the broadest indemnification available under the existing Washington State Law. The rights to indemnification, limitation of liability, and to the advancement of expenses conferred in Sections 17 .1 and 17. 2 shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, the Association's Articles of Incorporation, Bylaws, agreement, or vote of Members, disinterested Board Members or otherwise. ARTICLE 18 GENERAL PROVISIONS 18.1 Term The provisions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Lot Owners, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded, after which time said provisions shall be automatically extended for successive periods of five (5) years, unless within one hundred eighty (180) days of the end of such period, ninety percent (90%) of the Lot Owners vote not to extend them. W:\WPD0CS\903l3\002\ttnb6550.doc 04/24/(fl Page 28 Declaration of Protective Covenants for Wedgewood Lane 18.2 Subordination A breach of any of the provisions contained herein or any reentry by reason of such breach shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said premises or any part thereof; but said provisions shall be binding upon and effective against any Lot Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise. 18.3 Notice Any notice required by this Declaration, Bylaws, or the rules and regulations adopted by the Association shall be deemed properly given if mailed by ordinary mail to the last address furnished to the Developer or the Association. If no mailing address has been provided, such notice shall be addressed to the address of the Lot. Such notices shall be deemed received three (3) days after it has been deposited in the U.S. mail. 18.4 Examination of Records Any Lot Owner may examine the books and records of the Association on reasonable advance notice during working hours at the offices of the Association at Lot Owner's own expense. At least annually, the Board shall prepare, or cause to be prepared, a financial statement of the Association. The Board may, at its sole discretion, obtain an audit of all books and records pertaining to the Association at such intervals as the Board shall determine, and copies shall be furnished to the Lot Owners. Such audit obtained by the Board shall be a common expense. 18.5 Severability Invalidation of any provision of this Declaration by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 18.6 Gender This Declaration is to be read and understood with all appropriate changes of a number and gender as required by the context. W: I WPD0CS\903131002\tmb6550.doc 04124107 [This Section Intentionally Left Blank] Page 29 Declaracion of Protective Covenants for Wedgewood Lane 18. 7 Headings The captions in this Declaration are for convenience only and do not in any manner affect, limit, or amplify the provisions hereof. IN WITNESS WHEREOF, Developer has hereunto set its hand and seal the day and year first above written. W: \ WPD0CS\90313\002\onb6550.doc 04/24/07 DEVELOPER: WEDGEWOOD AT RENTON, INC. By: ~Jd!e-,a,4 Its:_--=V--',_,,/_7/U-L,=-=-·--------- KBS DEVELOPMENT CORPORATION Page 30 Declaration of Protective Covenants for Wedgewood Lane STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this li_9ziay of l1fi?.tl-, 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came ~ F 1(/.plj!J,IL personally known or having presented satisfactory evidence to be the V'.1 '-E pe,E%, ~ r of Wedgewood at Renton, Inc., a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. ame: :-~:Zifd...l~'.!d.~~':2..J.'.£,.,~!:;t:- N otary Public in for the State of Washington, residing at s,c:,7f:rT2 P Wk <f'JIY~ Expiration Date: / ('{-CU -(c) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this~ay of AfeJC.... , 2007, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came /('.O L.fN B-71tt/i:f?,, personally known or having presented satisfactory evidence to be the f/?t;61.k-,.,.)r of KBS Development Corporation, a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the day W: \ WPD0CS\90313\002\anb6550. doc 04124/07 Page 31 Declaration of Protective Covenants for Wedgewood Lane PMSfON J· EXHIBIT A LEGAL DESCRIPTION LOT 2 Of CITY OF RENTON SHORT PLAT NO. LUA-03-052-SHPL, ENTITLED: BINDER SHORT PLAT, ACCORDING TO PLAT RECORDED JULY 21, 200+ UNDER RECORDING NO. 20040721900001, IN KING COUNTY, WASHINGTON. DMSION 2· PARCEL "A" PARCEL A OF CITY Of RENTON WEDGEWOOD LANE LOT LINE ADJUSTMENT LUA-05-106-LLA AS RECORDED UNDER RECORDING NO. 20051222900001, IN KING COUNTY, WASH1NG10N. PARCEL "B" THE SOUTH HAU' OF THE NORTH HAI.F Of THE NORTHEAST QUARTER OF TliE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TO'MIISHIP 23 NORTH, RANGE 5 EAST OF lHE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 170 FEET THEREOF. PARCEL •c• THE SOUTH 30 FEET OF WEST 170 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER. EXCEPT THE WEST JO FEET CONVE'l'ED TO KING COUNTY FOR AMELIA SCHEWE ROAD EXTENS10N BY DEED RECORDED UNDER RECORDING NO. 3081014. PARCEL "D" THE NORTH 165 FEET OF' THE SOUTH 330 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR AMELIA SCHEWE ROAO EXTENS10N BY DEED RECORDED UNDER RECORDING NO. 3081014. PARCEL "E" THE WEST 170 FEET OF THE NORTH HAU' OF lHE NORTHEAST QUARTER OF lHE NORlHWEST QUARTER Of THE SOUTHEAST CIUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF Tl!E WIULAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 82. 75 FEET; ALSO EXCEPT THE SOUTH 141.00 FEET; AND EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR AMELIA SCHEWE ROAD EXTENS10N BY DEED RECORDED UNDER RECORDING NO. 3081014. PARCEL ''f" THE SOUTH 141.00 FEET OF THE WEST 170 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER Of SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE 'MLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET CONVE'l'ED ro KING COUNTY FOR AMELIA SCHEWE ROAD EXTENS10N BY DEED RECORDED UNDER RECORDING NO. 3081014; AND EXCEPT THE SOUTH 30.00 FEET THERE:ClF. W:\WPD0CS\903l3\002\tmb6550.doc 04124107 Page 32 Declaration of Protective Covenants for Wedgewood Lane Pl'tJSION 3: PARCEL "A" THE WEST HALF OF THE SOUTH 10 ACRES OF THE NORTH 50 ACRES OF Tl-IE EAS~ HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE \\RLAMET"E MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL "A-1" AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUAI< TER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE 'MLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON: EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL 'A". PARCEL "!l" PARCEL B OF CITY OF RENTON WEDGEWOOD LANE LOT LINE ADJUSTMENT LUA-05-108-LLA AS RECORDED UNDER RECORDING NO. 20051222900001, IN KING COUNTY, WASHINGTON. DIVISION 4: THE NORTH 15 FEET OF THE WEST HALF OF THE NORTHEAST QUAR1ER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; EXCEPT THE 1'1£ST 30 FEET THEREOF FOR ROAD; AND THE NORTH 315 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. DIYlSIQN 5: THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. W: I WPDOCS\90313\002\tmb6550.doc 04/24/07 Page 33 Declaration of Protective Covenants for Wedgewood Lane Easement Note No. EXHIBITB EASEMENT TABLES Divisions 1, 2 and 3 Burdened Property Benefited Property Purpose of Easement (see Note a) Lot(s) : Division(s) Lot(s) : Division(s) 2 I I I, 2 I Drainage -------·-------· •-------14 ' 3 14 3 3 4 : I 4, 5, 6, 7 : I Drainage 4 8 ' I 8, 9 ' I Draina11:e ' ' 5 II, 12, 13 : I 10, 11, 12, 13 : I Drainage 16 : I 16, 17 ' I ' 6 f----------~--------~---Drainage 12, 13 : 3 12, 13 : 3 8 5,6 I 5,6, 7 I Access & Utilities 9 11 : I 10, 11 : I Access & Utilities 10 13, 14 I 13, 14, 15 I Access & Utilities 11 4 ' I 4, 5, 6, 7 ' I Access & Utilities ' ' ' 14 11 ' I 10 ' I Water ' ' 15 18 I 13, 14, 15 1 Water 16 15 1 14,15: I 9, 10. 11. 13T 3 Drainage 17 3 ' 2 2, 3 : 2 Drainage ' 18 5,6 ' 2 4,5,6 2 Drainage 19 8, 9 : 2 7,8,9 ' 2 Drainage 20 11, 12, 13 2 10, 11, 12, 13 I Drainage 21 15 ' 2 14, 15 2 Drainage ' ' 22 19,20 ' 2 19, 20, 21 ' 2 Drainage ' ' 23 22, 23, 24 ' 2 22, 23, 24, 25 ' 2 Drainage ' ' 24 26, 28, 29 : 2 26, 27, 28, 29 ' 2 Drainage ' 25 31, Tract B ' 2 30, 31 2 Drainage 26 32,33 : 2 32, 33, 37 : 2 Drainage 27 35 2 34, 35 2 Draina!!e 28 38 : 2 36 : 2 Drainage 29 38 : 2 38,39 ' 2 Drainage ' 30 40, 41 : 2 40, 41,42 ' 2 Drainage ' ' 31 44, 45 : 2 43, 44, 45 : 2 Drainage 32 2 ' 2 I ' 2 Sewer ' 33 13 : 2 11, 12 : 2 Water 34 28 2 26, 27 2 Water 35 12 : 2 11 : 2 Access & Utilities 36 26 : 2 27 ' 2 Access & Utilities Page 34 W: \ WPD0CS\903 !3\002\tmb6550.doc 04/24/07 Declaration of Protective Covenants for Wedgewood Lane Easement Note No. Burdened Property Benefited Property Purpose of Easement (see Note a) Lot(s) ; Division(s) Lot(s) ; Division(s) 41 Tract A 2 1 2 Drainage 43 5, 6, 7 3 4, 5, 6, 7, 8 ' 3 Drainage 44 9, 10 3 8, 9, 10, 11 ; 3 Drainage 45 16 3 15, 16, 17 3 Drainage 46 21, 22 : 3 21, 22, 23, 24 : 3 Drainage ' 47 23, 24 3 22, 23, 24 3 Drainage 48 25 ' 3 25, 26 : 3 Drainage ' 49 21, 28, 29 ; 3 27, 28 3 Drainage 31, 32, 33, 34, 30, 31, 32, 33, ' 50 3 ' 3 Drainage 35, Tract G 34, 35 ' ' ' 52 18, 19, 20, 22, 3 18, 19, 20, 22, 3 Access 23,24 23, 24 Divisions 4 and 5 Easement Burdened Property Benefited Property Purpose of Note No. (see Note b) Lot(s) Division Easement Lots(s) Division 2 9, 10 ; 4 8, 9 ; 4 Drainage 5 2, 4, 5, 7 4 2, 3,4, 5, 6, 7 4 Access & Utilities 7 5 ' 4 6 4 Sewer 8 11, 12, 13 5 10, 11, 12, 13 5 Drainage 9 7, 8, 9, 10 ; 5 6, 7, 8, 9 ' 5 Drainage ' 10 3, 4,5, 6 5 2, 3, 4, 5 5 Drainage - 11 2,3 5 1 ; 5 Drainage Notes: a. The Easement Note No. is the Easement Note No. shown on Sheet 2 of 11 of the Divisions l, 2 and 3 Map. b. The Easement Note No. is the Easement Note No. shown on Sheet 2 of 5 of the Divisions 4 and 5 Map. c. The easements referred to in Easement Note Nos. 2, 6 and 16 of Divisions 1, 2 & 3 Map create easements that benefit and/or burden easements in more than one Division of the Property. W: \ WPDOCS190313\002\nnb6550.doc 04/24107 Page 35 Declaration of Protective Covenants for Wedgewood Lane EXHIBITC FINAL WETLAND AND STREAM MONITORING AND MAINTENANCE PLAN, WEDGEWOOD LANE DNISIONS I, 2, 3 AND 4 W:IWPDOCS1903131002\bnb6550.doc 04/24/07 Page 36 Declaration of Protective Covenants for Wedgewood Lane FINAL WETLAND AND STREAM MONITORING AND MAINTENANCE PLAN WEDGEWOOD LANE DIVISIONS 1, 2, 3, AND 4 Project No. 4040 I Prepared for: Landtrust, Inc. 1520 -1401h Avenue NE Suite 200 Bellevue, Wa. 98005 Attention: Mr. Patrick Gilroy Prepared By: AlderNW 518 North 59th Street Seattle, Wa. 98103 206-783-1036 email AlderNW@comcast.net March 27, 2007 FINAL WEDGEWOOD LANE DIVISIONS 1, 2, 3, AND 4 WETLAND AND STREAM MITIGATION MONITORING AND MAINTENANCE PLAN GENERAL SITE CONDITIONS The Wedgewood Lane Project is located on the east side of east side of Hoquiam Avenue between NE 10th Street and NE 121st Street. It includes several parcels being combined to create Wedgewood Lane Divisions 1, 2, 3, and 4. The property is situated within a transitional neighborhood where existing residences on large lots are being replaced with single-family residential subdivisions. Adjacent properties on the west side of Hoquiam Avenue NE are occupied by existing residential subdivisions. The property to the east is currently undeveloped although applications are in process to King County to develop it as a residential subdivision. Topographically, the property generally slopes gently down from Hoquiam Avenue along the west side of the property toward the wetland along the east side. Slopes on the east side of the project are somewhat steeper. This property is within the May Creek drainage sub-basin of the Cedar River Basin. Drainage from the property flows eastward to Honey Creek which flows from south to north through the larger Wetland D along the east side of the project area. Honey Creek is tributary to May Creek, approximately 2 miles northwest of the property. The City of Renton Water Class Map identifies the stream section starting north of NE 10th Street as a Class 4 water. The steam is not shown on the Water Class Map as extending south of SE I 16th St. The stream section adjacent to the Wedgewood Lane project has been designated as a Class 4 water requiring a 35ft buffer. WETLAND AREAS The Wetland Evaluation Report for Wedgewood Lane Divisions I, 2, 3, and 4 dated November 20, 2006, describes the identified the wetland areas on the four divisions. As described in that report there are four separately identified wetlands within the project boundaries. Two of these, Wetlands A and B, are small isolated areas with areas of 1,998sq.ft and 5,887sq.ft respectively. Wetlands C within Division 3, is continuous with Wetland Fon Division 4. It occupies an area of approximately 1,690sq.ft on Division 3 and approximately 7,255sq.ft. on Division 4. Seasonal Stream Corridor There is a seasonal stream which originates as the roadside ditch in Hoquiam Avenue. It enters the project area in Division 4. It flows across Division 4 and through Wetlands F and C. From Wetland C on Division 3, it flows approximately 450 feet across Division 3 within a poorly defined channel before entering Wetland D-2, an extension of the larger Wetland D. Himalayan blackberry (Rubus discolor) is the predominant vegetation growing over the channel where it crosses Wedgewood Lane Division 3. This drainage course, where it crosses Division 3 meets the criteria for designation as a City of Renton Class 4 water, because it is intermittent and does not include salmonid habitat. The standard buffer assigned for Class 4 water is 35ft. PROPOSED DEVELOPMENT -WETLAND/STREAM IMP ACTS It is proposed to develop the property for construction of a residential development in four divisions, as shown on project maps by Core Design, Inc., and on the Wetland and Stream Mitigation and Monitoring Plan (Sheets I to 7). The Wetland and Stream Mitigation and Monitoring Plan is designed to mitigate for wetland and buffer impacts. Storm Water Treatment Facilities Storm water run-off from the developed area will be treated in two separate storm water treatment facilities being constructed on the east side of the project within proposed Division 3. Construction of the pond berms involves temporary disturbance to the outer limits of the wetland buffer. The extent of the work for construction of the storm-water treatment ponds is illustrated on grading plans prepared by CORE Design. The affected buffer areas are included in the Mitigation Planting plans for the project. Roof and footing drains from residential building lots adjacent to Wetland D are being discharged by way of level spreaders within the wetland buffer at 16 locations. Areas affected by this construction are included in the Mitigation Planting Plans. Outfalls from the two storm water treatment facilities are similarly included in the Mitigation Planting Plans. Sanitary Sewer Construction Sanitary sewer service for the project will be provided by installation of a lift station along SE I 16th Street at the north end of the project. This pump station will direct flows to existing sanitary sewer lines. Construction of the pipeline to connect with the pump station includes a connection to a residential development to be constructed on the east side of the larger off-site wetland. The pipe line crosses the smaller section of Wetland D, designated as Wetland D-3. The new pipeline will also cross a portion of Wetland D-2 buffer area north of the southern storm water treatment pond. The wetland and buffer areas affected by the sanitary sewer line construction are included m the Mitigation Planting Plan. Road Construction Construction of the road system serving the Wedge wood Lane project impacts the wetland or stream and buffers on the property at four locations. Construction of the access road from SE 116th Street into Division 3 will require a crossing of the seasonal stream. Mitigation for the stream crossing is being provided by enhancing the vegetative cover along the stream. Continuation of the roadway to the south toward the south will fill Wetland A. Wetland A is a small isolated wetland of less than 2,500sq.ft As a small isolated wetland of less than 2,500 it is exempt from wetland regulation under Renton City Sensitive Area regulations. Grading for construction of Jericho Place NE at the south end of Division 3 involves some fill placement over the outer margin of the buffer for the roadway berm. This affected buffer area will be restored with plantings of native trees and shrubs, Construction of the Access road to Division 2 from Hoquiam Avenue will require unavoidable impact to Wetland B. The location of the entrance road is defined by the location of SE 121 st Street. Because of the requirement to match new roads with existing intersections there is no alternative location for the roadway to enter the project. The City of Renton requires that "The overall goal of any compensatory project shall be no net loss of wetland function and acreage and to strive for a net resource gain in wetlands over present conditions. The concept of "no net loss" means to create, restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function." Mitigation for filling Wetland B in Division 2 is being provided by creating approximately 6,IOOsq.ft of new wetland and enhancement of approximately 8,124sq.ft of the existing wetland within Division 3. Wetland Mitigation Concept. Mitigation for the impact to Wetland Bin Division 2 will be carried out within Division 3. For construction of the roadway, 5,887sq.ft of the wetland habitat area will be impacted. Mitigation for the impact to the wetland will be provided by creation of a minimum of approximately 6, I OOsq.ft. of new wetland and enhancement of approximately of 8, 124sq.ft of existing wetland within Division 3. Wetland Mitigation by Wetland Creation There are two areas identified to provide for wetland creation to satisfy the mitigation requirement. The southern of these two areas is adjacent to the large wetland along the east side of the property. This area is currently occupied by dense Himalayan blackberry. A portion of the area is occupied by pasture grasses. The second of the two areas is located between the two westward extensions of the large wetland. This area is primarily vegetated in Himalayan blackberry with some scattered black cottonwood trees. Wetland Creation over both of these areas will be accomplished by shallow excavation to allow overflow from the wetland into the wetland creation area. The combined mitigation area is approximately 6, I OOsq.ft. These two areas identified for wetland creation will provide the required I: I replacement ratio as required. In accordance with the City of Renton Wetland regulations additional mitigation in the form of wetland enhancement is also being provided. Wetland Mitigation by Wetland Enhancement There are two wetland areas where it will be feasible to provide mitigation by enhancement of the existing wetland. These include approximately 2,700sq.ft of the existing wetland C, and approximately 3,IOOsq.ft of the existing wetland at the lower end of the seasonal stream. Approximately 8,124sq.ft of wetland will be enhanced on these two locations. Wetland C has been impacted by its use as horse pasture. Enhancement of the area will involve planting the area with native trees and shrubs, and a maintenance program over the minimum five year monitoring period to control the growth of invasive species. The wetland at the lower end of the seasonal stream is currently occupied by Himalayan blackberry. Enhancement of this existing wetland will be carried out by removing and then controlling the growth of Himalayan blackberry and other invasive species. Plantings of native trees and shrubs will be made on the area to accelerate the establishment of a native habitat. The mitigation work to enhance the wetland area will also include the surrounding buffer areas. Stream Mitigation Mitigation to compensate for the impact to the seasonal stream for construction of Jericho Place NE will be provided by enhancing the vegetative cover along the stream corridor. Mitigation work will involve removal and control of the Himalayan blackberry along the stream corridor and replanting with native trees and shrubs. This work will be carried out in conjunction with the work in the adjacent wetlands and will be similar to the wetland enhancement. GOALS AND OBJECTIVES Wetland Mitigation {Enhancement and Creation) With implementation of the proposed mitigation design concept, the wetland functions impacted by Wetland Bin Division 2 will be replaced by creation of6,l00sq.ft of new wetland and by enhancing approximately 8,l24sq.ft of existing disturbed wetland area. The areas included are somewhat larger than the minimum requirements. The general goal of the mitigation plan is to create a wetland habitat area which has comparable or greater function as is found in the existing wetland and stream to be impacted. This goal will be accomplished by replacing the area to be filled with new wetland, and by enhancing portions of the existing wetland and buffer. With completion of the mitigation design plan the total wetland area on the project will be expanded. The wetland mitigation design involves four general objectives: I. Establish new scrub-shrub wetland habitat which mimics native plant communities on a minimum of 5,887sq.ft. of created wetland area, having a minimum of four wetland shrub species and two wetland tree species. (Area shown on mitigation plan drawings is somewhat greater than the minimum required.) 2. Control the growth of invasive plants, including Himalayan blackberry and Scot's broom on the areas included in the mitigation plan. 3. Enhance existing wetland area occupied by emergent habitat to establish 8, 124sq.ft of scrub-shrub habitat with a minimum of four native shrub species and three native tree species. 4. Enhance existing steam and wetland buffer area. Enhancement involves control of non native weedy species and establishment of native shrub growth on the buffer. Trees are included in the planting plan so that a forest component will be established over time. Wetland Hydrology/Water Regime The areas designated for the wetland creation and enhancement will be hydrologically supported by natural drainage patterns. In addition, the proposed grading for wetland creation will intercept the shallow perched water table which is present across the site to create wetland hydrological conditions. The grading plan for the new wetland area is designed to match the elevations in the adjacent wetland with the intent of allowing surface and subsurface water to spill into the newly created wetland area. The hydrological objective of the mitigation design is to maintain saturated soils to within 12 inches of the surface within the wetland creation area at least until May I of each year. Stream and Wetland Buffer Enhancement The general goal to be achieved on the Stream and Wetland Buffer enhancement areas is to remove and control the growth of the Himalayan blackberry present on the areas and to establish native trees and shrubs on the designated buffer areas. This mitigation by buffer enhancement has two general objectives: I. Enhance Existing stream and wetland buffer area. Enhancement involves control of non- native weedy species and establishment of native shrub growth on the buffer. Trees will be included in the planting plan so that a forest component will be established over time. The enhanced buffer areas will have a minimum of four native shrub species and three native tree species. 2. Control the growth of non-native invasive species including Himalayan blackberry and Scotch broom ( Cytisus scoparius) among others included in the Department of Ecology listing of invasive species. Buffer Restoration Area. The general goal for the plantings on the buffer restoration areas is to accelerate the establishment of native shrubs and trees on the affected buffer areas. The buffer restoration design has two general objectives: I. Restore the affected buffer areas to support native scrub-shrub habitat with a minimum of 4 shrub species and three native tree species. 2. Limit the growth of non-native species including Himalayan blackberry and Scotch broom among other species included on the Department of Ecology listing on invasive species. WETLAND MITIGATION MONITORING Standards of Success A determination of the success in achieving the buffer/wetland mitigation goals and objectives will be based on the following standards: I. A minimum 80-percent average native vegetative cover of trees and shrubs throughout the mitigation areas at the end of the minimum five year monitoring period. Plant species composition shall meet the intent of the mitigation goals. 2. A minimum of 80-percent survival of planted trees and shrubs at the end of each of the minimum five years of the monitoring period. This survival rate is established as a goal and may be adjusted where natural regeneration and growth has resulted in minimum plant cover, as defined in Item I. Weedy and invasive species, such as reed canarygrass and Himalayan blackberry, will not be considered suitable substitutes for the planted species. 3. Less than twenty percent cover by invasive weedy species at the end of each growing season during the five year monitoring period. 4. Saturated soils to the surface throughout the limits of the wetland creation areas at least until May I, measured consecutively, for each year during the monitoring period. 5. Creation and maintenance of a minimum of 5,887sq.ft of scrub-shrub wetland combined between the two areas designated as wetland creation. The wetland creation area shall have a minimum of three native scrub-shrub species within the wetland creation area. 6. A water table within 12 inches of the surface through May I of each monitoring year. Sampling Methods Vegetative cover will be sampled by measurements along 50-foot long pennanently established transects. Data to be collected on these transects include surviving plant numbers and aerial coverage by species. These transects will be located to provide adequate sampling of the different vegetation zones in the mitigation area. A minimum of five transects will be established to sample the buffer and wetland mitigation areas. Pennanent stakes will identify the end points of each transect. In addition to the sample transects, pennanent photo points will be established from which the mitigation area can be photographed. These photos will provide a pictorial record of the development of the area over time and will be used to supplement the quantitative sample transects. Water levels within the created wetlands will be monitored using shallow monitoring wells installed within the two wetland creation areas. A minimum of two monitoring wells will be installed in each creation area. Monitoring Schedule The project biologist shall provide construction inspection services during implementation of the mitigation plan to ensure that mitigation design objectives are being met. It is important that wetland biologist provide observation and consultation services when work is underway within mitigation areas. This is to assure that enhancement design is being appropriately interpreted and to be available to provide consultation and make adjustments in the event changed conditions are encountered and to identify the specific limits of work. An initial report describing the as-built conditions will be prepared for submittal to City of Renton when construction work has been completed. This report will be prepared upon completion of the plantings for the project and will identify the work completed and document the baseline conditions for defining the success of the project in subsequent monitoring reports. Following completion of the project the mitigation areas will be monitored on the following schedule. I. 2. 4. 5. As-built monitoring to be completed within 30 days after completion. Mitigation grading and plant materials have been installed. Quarterly during the first year after installation of the plant materials and during June or July of the second, third, fourth and fifth years after installation. Final inspection of the mitigation project, five years after the mitigation plantings were installed and the mitigation work accepted as complete. Hydrologic monitoring of the mitigation areas will be done five times (approximately 14 day intervals) between March 1 and May I during the each of the five years of the monitoring period. The first hydro logic monitoring shall be completed by March 1, 2007. The wetland biologist will monitor the project on the above schedule and prepare written reports addressing the survivability and growth of plant materials, as well as any recommendations for maintenance or remediation. These reports will be submitted to City of Renton within three weeks of completing each monitoring visit. The wetland biologist will prepare a final report at the end of the minimum five year monitoring period to be submitted within thirty days of completing the final mitigation inspection. This final report will address the success of the project in meeting the project objectives. First Year Quarterly Monitoring Quarterly monitoring during the year following completion of the planting is intended to assure that the plant materials are surviving and the installation has been successful. Monitoring inspections completed during the first year are primarily intended to provide qualitative reports identifying maintenance requirements and to identify any possible remediation measures required to assure that the plant materials have been adequately installed and that other elements of the mitigation plan are in place as intended. First Year Quarterly Monitoring Standards of Success As-built Report December All work is to have been completed and plant materials installed in accordance with the Mitigation Plan. As-built plan will identify any deviations from the plan where required by conditions encountered. First Quarter Standards I. Minimum 80 percent survival of planted trees and shrubs. 2. Less than twenty percent cover by invasive weedy species. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed prior to scheduled monitoring visit in June, 2007. 2nd Quarter Standards I. Verify that maintenance recommendations identified in the first quarterly report have been completed as necessary. 2. Less than twenty percent cover by invasive weedy species. 3. Review irrigation requirements for the project and confirm that irrigation will be available as required. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to scheduled monitoring visit in September, 2007. 3'd Quarter Standards I. Verify that maintenance recommendations identified 111 z•d quarter report have been completed as necessary. 2. Less than twenty percent cover by invasive weedy species. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Work to meet the standards shall be completed and verified prior to scheduled monitoring visit in December, 2007. 41 " Quarter Standards 1. Minimum 80% percent survival of planted trees and shrubs. 2. Less than twenty percent cover by invasive weedy species. 3. Verify that maintenance recommendations identified in 3'd quarter report have been completed as necessary. The monitoring report will identify maintenance requirements and any adjustments which may be recommended to assure that the mitigation work is performing satisfactorily to meet the project objectives. The monitoring will include fencing, signage, presence of trash and debris and any other conditions which may require maintenance or adjustments. Care and Maintenance The mitigation areas shall be examined periodically to determine the possible invasion of weedy pest species such as Scot's broom, reed canarygrass, English ivy, and Himalayan blackberry, which compete with more desirable native species. These pest species shall be controlled as they appear on the buffer enhancement area. Reed canarygrass can be periodically cut to control its growth, and blackberry can be physically pulled out or cut down. Red alder and black cottonwood, or other tree seedlings which may become established shall be thinned to 8 ft. to 12 ft. centers. Irrigation will be required during the first summer and possibly during the second summer after installation. Water shall be applied as necessary depending on rainfall and soil moisture conditions. Irrigation may be provided by installation of temporary irrigation pipes or by water trucks. Requirements for replacement of dead plant materials shall be identified during the monitoring inspection. Replanting as necessary will be carried out during the dormant season. Trash and effects of vandalism shall be removed as soon as possible after appearance in the area. PLANT SCHEDULE SYMBOL SCIENTIFIC NAME COMMON NAME SIZE QUANTITY Ce Thuja plicata Western Red Cedar 4' 190 BLM Acer macrophyllum Big leaf maple 3'-4' 29 Df Pseudotsuga menziesii Douglas fir 3'-4' 64 He Tsuga heterophylla Western hemlock 3'-4' 33 Willow Salix sitchensis willows cuttings 770 Osier Cornus stolonifera Red osier dogwood cuttings 1360 Snow Symphoricarpos alba snowbcrry 2 gal 900 rose Rosa nootkana Nootka rose 2 gal 820 Ap Pyrusfusca Crab apple 2'-4' 19 Nb Physocarpus capita/us Nine bark 2'-4' 57 Prose Rosa pisocarpa Pea-fruited rose 2 gal 160 Hn Cory/us cornuta Hazelnut 2'-4' 61 salal Gaultheria shallon salal 2 gal 330 Cu Ribes sanguineum Red flowering currant 3gal 21 Sb Amelanchier alnifolia Service berry 2'-4' 51 Po Populus tremuloides aspen 2'-4' 80 Willow and red osier dogwood cuttings shall be minimum 3ft in length and minimum l/2" diameter. Cuttings shall be planted with minimum 12" in contact with soil. Rooted cuttings shall be used for planting made during summer months. LWD (Large Woody Debris) Place minimum of 8 pieces of LWD in wetland at approximate locations noted. L WO can include mix of stumps having minimum trunk diameter of 12", and logs with minimum diameter 12' and minimum length 10'. Pieces for use shall be approved by wetland biologist prior to placement. Plant materials shall be placed in approximate locations shown on planting plan. Trees shall be placed at average spacing of 12ft O.C. Shrubs shall be placed at average spacing of 5ft on center. Where groupings of shrubs are shown on planting plan, shrubs shall be planted in groups with internal spacing of2ft to 3ft. CONSTRUCTION NOTES l. Prior to beginning any work, a pre-construction meeting will be held for review of procedures, project scheduling and availability of plant materials. Representatives of City of Renton, project owner, participating general and landscape contractors, and AlderNW shall be invited to attend this meeting. 2. Prior to beginning site work, Temporary Erosion Control fencing shall be installed to identify the limits of clearing along the east side of the proposed building. See plans prepared by CORE Design for fencing details. 3. Finish grades in wetland mitigation area shall be reviewed in the field before beginning work and may be adjusted as necessary to match existing elevations. 4. Project biologist shall identify and mark the mitigation areas prior to beginning work on the mitigation and buffer areas. The boundary may be adjusted to preserve existing features. 5. It is important to the success of the project in meeting the mitigation objectives that the project biologist provide observation services during work on the mitigation areas. The wetland biologist will be available to make design adjustments depending on conditions encountered during construction. Upon completion of the work a report will be prepared documenting the as-built conditions. 6. Contractor shall be responsible to provide sound, healthy, vigorous plants without defects. Contractor will provide irrigation for new plant materials as necessary and shall warrant survivability of plants for one year after acceptance of planting. Wetland biologist shall have opportunity to examine and approve plant materials prior to installation. 7. Plantings of nursery stock may be made depending on availability from suppliers. The preferred planting time is during the winter dormant season, November through March. Contractor should contact suppliers to verify availability of plant materials for the anticipated planting season 8. All planting and seeding activities shall conform to normal landscape industry standards. 9. All installed plants should be clearly marked and identified to simplify subsequent monitoring. 10. Plant substitutions may be possible with approval of wetland biologist and City of Renton. Any substitutions will be native to the Puget Sound region. 11. Non-native weedy species including Scot's broom, Himalayan blackberry, and reed canarygrass shall be cut within the wetland and buffer area at time of construction work. Control measures should also be provided during the five year monitoring period to control growth of Himalayan blackberry and other non native weedy species. Project biologist will identify plants to be cut and will identify and mark plants to be preserved within mitigation area. Mitigation Installation Schedule Grading work for much of the project has been completed, including grading work along the stream corridor and for the wetland mitigation area adjacent to the seasonal stream corridor. AlderNW was present periodically during work within the mitigation areas. AlderNW shall be notified when this grading work is scheduled to be completed to be present to assist m interpreting the intent of the mitigation grading design. EXHIBITD MAINTENANCE RECOMMENDATION FOR H.0.A. OWNED AND MAINTAINED SURFACE WATER MANAGEMENT FACILITIES FOR WEDGEWOOD LANE DIVISIONS I, 2, 3, 4 AND 5 W: \ WPD0CS\903 l3\002\nnb6550.doc 04/24/07 Page 37 Declaration of Protective Covenants for Wedge wood Lane MAINTENANCE RECOMMENDATIONS FOR H.0.A. OWNED AND MAINTAINED SURFACE WATER MANAGEMENT FACILITIES Prepared by: Project Manager: Core Project No.: Date: FOR WEDGEWOOD LANE DIVISIONS 1, 2, 3, 4 AND 5 RENTON, WASHINGTON Core Design, Inc. 14711 N.E. 291h Place, Snite #101 Bellevue, WA 98007 ( 425) 885-7877 Edgar T. Jones, P.E. 01045 November, 2006 Contents Section I -Introduction ............................................................................................................................... 3 Section II -Maintenance Recommendations for Ponds and Associated Facilities A. Type II Catch Basin (also referred to as Manhole or Control Manhole) .................................................. 4 B. Flow Restrictor ......................................................................................................................................... 6 C. Debris Barrier ........................................................................................................................................... 8 D. Energy Dissipater ........................... . ............................................................................................... 8 E. Pipe ....................................................... . ........................................................................................ 10 F. Access Road ........................................................................................................................................... I 0 G. Other-Specific to FC Ponds.................. . ........................................................................................ 12 H. Other-Specific to Wet Ponds ............... .. ........................................................................................ 14 Section III -Maintenance Recommendations for Individual Lot Stormwater Management Facilities A. Basic Dispersion Trench ....................................................................... . . ............................... 17 B. Permeable Pavement (Wedgewood Lane Div. 5 only) .............................................................. ... 17 Appendix A: Disposal of Trash Debris and Sediment ........................................................................... 20 Appendix B: Facility Sketches Figure B-1 -Typical Basic Dispersion Trench ................................................. .. .. .............. 22 Figure B-2 -Typical II Catch Basin ......... .. ............... 23 Figure B-3 -Typical Flow Restrictor (T-scction) ................................................................................... 24 Figure B-4 -Typical Detention Pond .. .. Figure B-5 -Typical Wetpond ......... .. Appendix C: Maintenance Checklist .. ...•................................................. ~ ....................................................................................... 26 ........................................................................................ 28 2 Section I -Introduction This report has been prepared to serve as a guide in the maintenance efforts needed for the privately owned stormwater management facilities located within the plat of Wedgewood Lane, Divisions I, 2, 3, 4 and 5. The recommendations contained in this m&nual should be considered the minimum necessary under normal operating conditions. Additional inspections and maintenance may be necessary after significant storm events. The information contained herein was taken from the 2005 King County Surface Water Design Manual. Although this plat is located in the City of Renton, the City utilizes the King County manual for stormwater facility design requirements. Additional information about the design and maintenance of these facilities can be found in that manual, which is available for review at the offices of the King County Dept. of Development and Environmental Services, the City of Renton and some local library branches. The website for King County Government also may be a good resource to obtain the latest maintenance recommendations as they evolve in the future. 3 Section II -Maintenance Recommendations for Ponds and Associated Facilities I'! Type II Catch Basin (also referred to as Manhole or Control Structure) (See Figure B-2 in Appendix) Definition: A round concrete underground basin ( 4'-8' in diameter; 6' deep or deeper); may contain a Flow Restrictor Oil Pollution (FROP) control device or a T-section with a specifically sized orifice(s) to control release rates or a spill control device. These basins are also required when larger diameter culverts are used. Defect Number & Defect: A-1 General-Trash & Debris (Including Sediment): Trash, debris and sediment covering the catch basin grate or is blocking any portion of inlet to basin. Maintenance Necessary to Bring to Standard: Remove trash, debris and sediment so that none is located immediately in front of catch basin inlet. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-2 General-Trash & Debris (Including Sediment): Trash, debris and sediment (in the basin) that exceeds one-third the depth from the bottom of the basin to invert of the lowest pipe into or out of the basin. This is the most common maintenance requirement. Maintenance Necessary to Bring to Standard: Remove all trash, debris and sediment from the catch basin. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-3 General-Trash & Debris (Including Sediment): Trash, debris and sediment in any inlet or outlet pipe blocking more than one-third of its height. Maintenance Necessary to Bring to Standard: Remove all trash, debris and sediment from inlet and outlet pipes. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-4 Structural-Structural Damage to Frame and/or Top Slab: Top slab has holes larger than 2 square inches or cracks wider than 1/4 inch (intent is to make sure all material is running into the basin). Maintenance Necessary to Bring to Standard: Repair top slab so that it is free of holes and cracks. A-5 Structural-Frame Not Sitting Flush on Top Slab, i.e., separation of more than 3/4 inch of the frame from the top slab. Maintenance Necessary to Bring to Standard: Repair so that frame is sitting flush on top slab. 4 A-6 Structural-Cracks in Basin Walls/Bottom: Cracks wider than 1/2 inch and longer than 3 feet, any evidence of soil particles or water entering catch basin through cracks, or maintenance person judges that structure is unsound. Maintenance Necessary to Bring to Standard: Replace or repair basin to design standards. A-7 Structural-Cracks in Pipe Joints: Cracks wider than 1/2 inch and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles or water entering catch basin through cracks. Maintenance Necessary to Bring to Standard: Replace or repair basin to design standards. A-8 Structural-Settlement/Misalignment: Basin has settled more than I inch or has rotated more than 2 inches out of alignment. Maintenance Necessary to Bring to Standard: Replace or repair basin to design standards. A-9 General-Pollution: Presence of any chemical pollutants or flammable materials. Maintenance Necessary to Bring to Standard: Remove contaminants so that none are present. Contact the Waste Characterization program at 206-296-4633 to determine how to dispose of pollutants and flammable material. Also, contact Water and Land Resources at 206-296-1900 for a water quality site consultation to eliminate the source of the pollution. A-10 Catch Basin Cover-Not in Place: Cover is missing or only partially in place. Any open catch basin requires maintenance. Maintenance Necessary to Bring to Standard: Repair or replace catch basin cover so that it is closed. A-11 Metal Grates-Safety Hazard: Grate with opening wider than 7/8 inch. Maintenance Necessary to Bring to Standard: Repair grate openings so that they meet design standards. A-12 Metal Grates-Trash & Debris: Trash and debris that is blocking grate surface. Maintenance Necessary to Bring to Standard: Remove all trash and debris from grate. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. A-13 Metal Grates-Damaged or Missing: Grate is missing or has broken members. Maintenance Necessary to Bring to Standard: Repair or replace grate so that it is in place and meets design standards. 5 A-14 Ladder-Rungs Unsafe: Maintenance person judges that ladder is unsafe due to missing rungs, misalignment, rust, or cracks. Maintenance Necessary to Bring to Standard: Repair ladder so that it meets design standards and allows maintenance person safe access. m Flow Restrictor (See Figure B-3 in Appendix) Definition: A facility such as a Flow Restrictor Oil Pollution (FROP) control device with a specifically sized orifice(s) to control release rates or a spill control device. Usually located in a Type II Catch Basin/Control Manhole with a vertical culvert at the outlet ("T") with additional elbow orifice inlets (secondary orifice). Defect Number & Defect: B-1 General-Trash & Debris (Includes Sediment): Distance between debris buildup and bottom of orifice plate is less that 1-1/2 feet (18 inches). Similar to B-2. Maintenance Necessary to Bring to Standard: Remove all trash and debris. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. B-2 General-Structural Damage: Structure is not securely attached to manhole wall ( outlet pipe structure should support at least 1,000 pounds of up or down pressure); and/or structure is not in upright position (allow up to 10% from plumb). (Structure is usually secured with banding material.) Maintenance Necessary to Bring to Standard: Repair structure to be securely attached to wall so that outlet pipe supports at least 1,000 pounds of up or down pressure; and ensure outlet pipe is in con-ect position. B-3 General-Structural Damage: Connections to outlet pipe are not watertight and show signs of rust or deteriorated grout. Maintenance Necessary to Bring to Standard: Repair connections to outlet pipe so that they are watertight; repair or replace structure so that it works as designed. B-4 General-Structural Damage: Any holes-other than designed holes-in the structure. Maintenance Necessary to Bring to Standard: Repair holes so that structure has no holes other than designed holes. B-5 Cleanout Gate-Damaged or Missing: Cleanout gate is not watertight or is missing. Maintenance Necessary to Bring to Standard: Repair or replace gate so that it is watertight and works as designed. 6 B-6 Cleanout Gate-Will Not Open or Opens with Difficulty: Gate cannot be moved up and down by one person. Maintenance Necessary to Bring to Standard: Repair gate so that it moves up and down easily and is watertight. B-7 Cleanout Gate-Damaged or Missing Chain or Rod: Chain or rod leading to gate is missing or damaged (must be accessible from street level). Maintenance Necessary to Bring to Standard: Repair or replace chain or rod so that it is in place and works as designed. B-8 Cleanout Gate-Rusted: Gate is rusted over 50% of its surface area. Maintenance Necessary to Bring to Standard: Repair or replace gate to meet design standards. B-9 Orifice Plate (Including Secondary Orifices}-Damaged or Missing: Control device is not working properly due to missing, out of place, or bent orifice plate; or secondary orifice elbows have become loosened from structure. Maintenance Necessary to Bring to Standard: Repair or replace orifice plate so that it is in place and works as designed. B-10 Orifice Plate (Including Secondary Orifices}-Trash and Debris: Any trash, debris, sediment, or vegetation blocking the plate. Maintenance Necessary to Bring to Standard: Remove all obstructions so that orifice plate works as designed. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. B-11 Secondary Orifices (Elbow Restrictors}-lntegrity: Secondary orifice 1s securely attached and properly functioning Maintenance Necessary to Bring to Standard: Repair secondary orifice to be properly functioning. B-12 Overflow Pipe-Obstructions: Any trash or debris blocking (or having the potential of blocking) the overflow pipe. (Overflow pipe is at the top of FROP, "T-section" device or spill control device.) Maintenance Necessary to Bring to Standard: Remove trash and debris so that the overflow pipe is free of all obstructions and works as designed. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. 7 I Debris Barrier Definition: Metal trash rack usually located over the entrance to a pipe or culvert. A debris barrier may also be a conical structure constructed of metal bars and/or rods place over a Type II Catch Basin. Defect Number & Defect: C-1 General-Trash & Debris: Trash or debris that is plugging of the openings in the barrier. Maintenance Necessary to Bring to Standard: Remove trash or debris so that barrier is clear to receive capacity flow. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. C-2 General-Damaged/Bars: Bars arc bent out of shape more than 3 inches. Maintenance Necessary to Bring lo Standard: Repair or replace bars so that they are in place with no bends more than 3/4 inch. C-3 General-Missing Bars: Bars are missing, or entire barrier is missing. Maintenance Necessary to Bring to Standard: Repair or replace bars according to design standards. C-4 General-Bars are loose and rust is causing 50% deterioration to any part of barrier. Maintenance Necessary to Bring lo Standard: Repair or replace barrier according to design standards. IE Energy Dissipater and Dispersion Trench Definition: A rock pad constructed at inlets/outlets to prevent erosion (Energy Dissipater), or a catch basin used to slow fast flowing runoff (Energy Dissipater), or a constructed percolation trench to disperse outletting flows over a large area (Dispersion Trench). Catch basins may be a part of the dispersion trench; see Type II Catch Basins (Item A) for maintenance requirements. Defect Number & Defect: D-1 Rock Pad-Missing or Moved Rock: One layer or less of rock exists above native soil in area five square feet or larger, or any exposure of native soil. Maintenance Necessary to Bring to Standard: Replace rocks to design standard. 8 D-2 Energy Dissipater-Needs Replacement: Visible signs of pad erosion, or plugged dispersion trenches. Maintenance Necessary to Bring to Standard: Replace energy dissipater. D-3 Dispersion Trench-Pipe Plugged with Sediment: Accumulated sediment that exceeds 20% of the design depth. Maintenance Necessary to Bring to Standard: Clean/flush pipe so that it matches design. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. D-4 Dispersion Trench-Not Discharging Water Properly: Visual evidence of water discharging at concentrated points along trench (normal condition is a "sheet flow" of water along trench). Intent is to prevent erosion damage. Maintenance Necessary to Bring to Standard: Rebuild trench to design standards. D-5 Dispersion Trench-Penorations Plugged: Over 1/2 of perforations in pipe are plugged with debris and sediment. Maintenance Necessary to Bring to Standard: Clean or replace perforated pipe. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. D-6 Dispersion Trench-Water Flows Out Top of "Distributor" Catch Basin: Water has been observed flowing out during any storm less than the design storm, or it is causing or appears likely to cause damage. Maintenance Necessary to Bring to Standard: Rebuild facility to design standards. D-7 Dispersion Trench-Receiving Area Oversaturated: Water in receiving area is causing or has potential of causing landslide problems. Maintenance Necessary to Bring to Standard: Ensure that engineer's evaluation of outlet function and soil stability is satisfactory. D-8 Dispersion Trench-Vegetation: Any vegetation growing on dispersion trench. Maintenance Necessary to Bring to Standard: Remove vegetation including root system. 9 [I Pipe/Culvert Definition: A conveyance culvert of varying diameter. May be constructed of concrete pipe (CP), corrugated metal pipe (CMP) or smooth wall high density polyethylene pipe (HDPP, CPEP, . LCPE). Defect Number & Defect: E-1 General-Sediment & Debris: Accumulated sediment and/or debris that exceeds 20% of the diameter of the pipe. Maintenance Necessary to Bring to Standard: Clean pipe of all sediment and debris. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. E-2 Vegetation-Overgrowth: Vegetation that reduces free movement of water through pipes. Maintenance Necessary to Bring to Standard: Remove all vegetation so water flows freely through pipes. E-3 Structural-Protective Coating is Damaged: Rust is causing more than 50% deterioration to any part of the pipe. Maintenance Necessary to Bring to Standard: Repair or replace pipe. E-4 Structural-Joints: Joints are visibly misaligned, or culvert alignment is disrupted. Maintenance Necessary to Bring to Standard: Realign/reconnect affected culvert. E-5 Structural-Damaged Pipe: Any dent that decreases the cross section area of pipe by more than 20 %. Maintenance Necessary to Bring to Standard: Repair or replace pipe. [I Access Road Definition: Minimum of 12 feet wide. may be constructed of class "B" road material, AC pavement or heavier fabric/spall sections. Used to access control structure and other facility components. Defect Number & Defect: F-1 General-Support: Access road is capable of supporting trucks and maintenance equipment. Maintenance Necessary to Bring to Standard: Repair road to design standards. 10 F-2 General-Trash & Debris: Trash and debris exceeds l cubic foot per 1,000 square feet; i.e., trash and debris would fill up one standard-sized garbage can. Maintenance Necessary to Bring to Standard: Clear trash and debris from site. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-3 General-Pollution: Presence of any chemical pollutants or flammable materials. Maintenance Necessary to Bring to Standard: Remove contaminants so that none are present. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-4 Access-Blocked Roadway/Safety Hazard: Debris that could damage vehicle tires (glass or metal). Maintenance Necessary to Bring to Standard: Remove debris so that roadway is free of debris that could damage tires. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-5 Access-Blocked Roadway/Safety Hazard: Any obstructions or vegetation that reduces clearance above road surface to less than 14 feet. Maintenance Necessary to Bring to Standard: Remove obstructions or vegetation so that roadway overhead is clear to 14 feet high. F-6 Access-Blocked Roadway/Safety Hazard: Any obstructions or vegetation restricting the access to a 10-to 12-foot width for a distance of more than 12 feet or at any point restricting access to less than a IO-foot width. Maintenance Necessary to Bring to Standard: Remove obstructions to allow at least a 12-foot access. F-7 Road Surface-Settlement, Potholes, Soft Spots, or Ruts: Any surface defect that exceeds 6 inches in depth and 6 square feet in area. In general, any surface defect that hinders or prevents maintenance access. Maintenance Necessary to Bring to Standard: Repair road surface so that it is uniformly smooth with no evidence of settlement, potholes, soft spots, or ruts. F-8 Road Surface-Vegetation: Trees growing or vegetation in excess of 6 inches. Maintenance Necessary to Bring to Standard: Remove trees, mow access road surface and/or remove trees. 11 F-9 Road Surface (if applicable)-Modular Grid Pavement Contamination: Build up of sediment mildly contaminated with petroleum hydrocarbons. Maintenance Necessary to Bring to Standard: Repair road surface so that it is uniformly smooth with no evidence of settlement, potholes, soft spots, or ruts. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. F-10 Shoulders & Ditches-Erosion Damage: Erosion within 1 foot of the roadway more than 8 inches wide and 6 inches deep. Maintenance Necessary to Bring to Standard: Repair shoulder so that it is free of erosion and matching the surrounding road. F-11 Shoulders & Ditches-Weeds & Brush: Weeds and brush exceed 18 inches in height or hinder maintenance access. Maintenance Necessary to Bring to Standard: Cut weeds and brush to 2 inches in height, or clear in such a way as to allow maintenance access. I Other -Specific to FC Ponds (See Figures B-4 in Appendix) Definition: A flow control pond is a facility designed to temporarily store excess stormwater and slowly release it downstream to prevent flooding and erosion. A dike is a feature of a pond where earth has been built up to provide some portion of the side slope of the pond. Defect Number & Defect: G-1 General-Trash & Debris: Trash and debris exceed I cubic foot per 1000 square feet, or there is visual evidence of dumping, or any trash and debris that could block the pond outlet. Maintenance Necessary to Bring to Standard: Remove trash and debris from site. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-2 General-Contamination: Oil, gasoline, or other contaminants in any amount found that could: 1) cause damage to plant, animal, or marine life; 2) constitute a fire hazard; or 3) be flushed downstream during rain storms. Maintenance Necessary to Bring to Standard: Remove all contaminants so that none are present. Contact the Waste Characterization program at 206-296-4633 to determine how to dispose of pollutants and flammable material. Also, contact Water and Land Resources at 206-296-1900 for a water quality site consultation to eliminate the source of the pollution. 12 G-3 Vegetation-Unmowed Grass/Ground Cover (Not Including Infiltration-See G-15): If facility is located in private residential area, mowing is needed when grass exceeds 18 inches in height. In other areas, the general policy is to make the pond site match adjacent ground cover and terrain as long as there is no interference with the function of the facility. Maintenance Necessary to Bring to Standard: Mow grass/ground cover to 2 inches in height. G-4 Dike-Rodent Holes: Any evidence of rodent holes, or any evidence of water piping through dike via rodent holes. Maintenance Necessary to Bring to Standard: Ensure that rodents are destroyed and holes are repaired. G-5 Side Slopes and Dikes-Erosion: Eroded damage over 2 inches deep where cause of damage is still present or where there is potential for continued erosion. Maintenance Necessary to Bring to Standard: Stabilize slopes by using appropriate erosion control measure(s): for example, rock reinforcement, planting of grass or hydroseeding, erosion control blankets, bonded fiber matrices or compaction. G-6 Storage Area-Sediment (Except Infiltration-See -12 and G-13): Accumulated sediment exceeds 10% of the designed pond depth. Periodic sediment removal is critical to proper pond function. Maintenance Necessary to Bring to Standard: Clean out sediment to designed pond shape and depth; reseed pond if necessary to control erosion. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-7 Pond Dikes-Settlements: Any part of dike has settled 4 inches lower than the design elevation, or water is visibly piping (leaking) through dikes. Maintenance Necessary to Bring to Standard: Build dike back to the design elevation or repair piping. G-8 Emergency Overflow/Spillway-Rock Missing, Erosion, or Obstruction: One layer or less of rock exists above native soil in area 5 square feet or larger; any exposure of native soil; or blockage by debris or vegetation. Maintenance Necessary to Bring to Standard: Replace rocks to design standards. Remove debris. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-9 Emergency Overflow/Spillway and Dikes Over 4 Feet in Height-Tree Growth: Tree growth on emergency spillways create blockage problems and may cause failure of the dike due to uncontrolled overtopping. Tree growth on dikes over 4 feet in height may lead to piping through the dike which could lead to failure of the dike. 13 Maintenance Necessary to Bring to Standard: Remove tree. If root system is small (base less than 4 inches) the root system may be left in place. Otherwise the roots should be removed and the dike restored. A licensed civil engineer should be consulted for proper dike/spillway restoration. G-10 Emergency Overflow/Spillway-Does Not Control Storm Flow: Emergency overflow or spillway is not large enough to handle heavy rain storms. Maintenance Necessary to Bring tu Standard: Increase capacity (size) of emergency overflow so that there is no danger of flood damage to County roads or private property. G-11 Rock Filters-Sediment & Debris: By visual inspection, little or no water flows through filter during heavy rain stonns. Maintenance Necessary to Bring to Standard: Replace gravel in rock filter. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. G-12 Access Ramp-In Useable Condition: Access ramp is capable of supporting trucks and equipment. Maintenance Necessary to Bring to Standard: Repair ramp deficiencies. [I] Other -Specific to Wet Ponds (See Figure B-5 in Appendix) Defect Number & Defect: H-1 Pond Area-Water Level: First cell empty, doesn't hold water. Maintenance Necessary to Bring to Standard: Line the first cell with an impermeable liner to maintain at least 4 feet of water. Although the second cell may drain, the first cell must remain full to control turbulence of the incoming flow and reduce sediment resuspension. If the second cell doesn't hold water (i.e. if infiltration rate is greater than 9 inches/hour), line pond with low penneable liner or treatment liner. H-2 Pond Area-Defective Vegetation: Vegetation such as grass and weeds needs to be mowed when height exceeds 18 inches. Mowed vegetation should be removed from areas where it could enter the pond, either when the pond level rises, or by rainfall runoff. Trees, brush, and shrubs are impeding maintenance or flow. Maintenance Necessary tu Bring to Standard: Mow vegetation to 4-5 inches in height. Remove trees, bushes and shrubs where they are interfering with pond maintenance activities; that is, at the inlet, outlet and near engineered structures. Some wetland species may require harvesting or special maintenance rather than mowing. 14 H-3 Pond Area-Algae Mats: When algae mats develop over more than 10 % of the water surface, they should be removed. Also remove mats in the late summer before fall rains, especially in Sensitive Lake Protection Areas. Excessive algae mats interfere with dissolved oxygen content in the water and pose a threat to downstream lakes if excess nutrients are released. Maintenance Necessary to Bring to Standard: Algae mats that cover more than I 0% of the surface of any cell should be removed. A rake or mechanical device should be used to remove the algae. Removed algae can be left to dry on the pond slope above the I 00- year water surface. H-4 Pond Area-Trash and Debris: Accumulation that exceeds I cubic foot per 1000 square foot of pond area. Maintenance Necessary to Bring to Standard: Trash and debris removed from pond. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-5 Pond Area-Sediment Accumulation: Sediment accumulations in pond bottom that exceeds the depth of sediment zone (typically I') plus 6 inches, usually in the first cell. Maintenance Necessary to Bring to Standard: Removal of sediment from pond bottom. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-6 Pond Area-Oil Sheen on Water: Prevalent and visible oil sheen. Maintenance Necessary to Bring to Standard: Remove oil from water by use of oil- absorbent pads or vactor truck. Locate source and correct. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-7 Pond Area-Erosion: Erosion of the pond's side slopes and/or scouring of the pond bottom, that exceeds 6 inches, or where continued erosion is prevalent. Maintenance Necessary to Bring to Standard: Slopes should be stabilized by using appropriate erosion control measures, and repair methods. H-8 Pond Dike-Settlement: Any part of these components that has settled 4 inches or more lower than the design elevation, or inspector determines dike is unsound. Maintenance Necessary to Bring to Standard: Dike is repaired to specifications. H-9 Internal Dike-Concentrated Flow: Dike dividing cells should be level. Maintenance Necessary to Bring to Standard: Build up low areas of dike or lower high areas so that the dike surface is level and water flows evenly over the entire length of the dike from the first cell to the second. Repair eroded areas and establish erosion control on areas that erode. 15 H-10 Inlet/Outlet Pipe-Trash and Debris: Inlet/outlet pipe clogged with sediment and/or debris material. Maintenance Necessary to Bring to Standard: Remove sediment and/or debris so that there is no clogging or blockage in the inlet and outlet piping. Ensure outlet pipe ( or T- section if applicable) retains floatables. Refer to the disposal guidelines in Appendix A for instructions on disposal of trash, debris and sediment. H-11 Inlet/Outlet Pipe--Floatables are Captured: Floatable material is retained by outlet pipe or T-section. Maintenance Necessary to Bring to Standard: Ensure outlet pipe (or T-section if applicable) retains floatables. H-12 Overflow Spillway-Rock Missing: Rock is missing and soil 1s exposed at top of spillway or outside slope. Maintenance Necessary to Bring to Standard: Replace rocks to specifications. H-13 Access Ramp-In Useable Condition: Access ramp is capable of supporting trucks and maintenance equipment. Maintenance Necessary to Bring to Standard: Repair ramp so it can support trucks and maintenance equipment. 16 Section III -Maintenance Recommendations for Individual Lot Stormwater Management Facilities A. Basic Dispersion Trenches (See Figure B-1 in Appendix) Your property contains a stormwater management flow control BMP (best management practice) called "basic dispersion," which was installed to mitigate the storm water quantity and quality impacts of some or all of the impervious surfaces or non-native pervious surfaces on your property. Basic dispersion is a strategy for utilizing any available capacity of onsite vegetated areas to retain, absorb, and filter the runoff from developed surfaces. This flow control BMP has two primary components that must be maintained: (I) the devices that disperse runoff from the developed surfaces and (2) the vegetated area over which runoff is dispersed. Dispersion Devices The dispersion devices used on your property include the following as indicated on the flow control BMP site plan: D splash blocks, D rock pads, D gravel filled trenches, D sheet flow. The size, placement, composition, and downstream flowpaths of these devices as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. Dispersion devices must be inspected annually and after major storm events to identify and repair any physical defects. When native soil is exposed or erosion channels are present, the sources of the erosion or concentrated flow need to be identified and mitigated. Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigning or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled trenches. Vegetated Flowpaths The vegetated area over which runoff is dispersed must be maintained in good condition free of bare spots and obstructions that would concentrate flows. B. Permeable Pavement (Wedgewood Lane -Div. 5 only) The following recommendations are the minimum necessary to maintain the permeable pavement on Wedgewood Lane Division 5. This BMP is relatively new and as King County gains more experience with the maintenance and operation of these BMPs, future updates to these instructions will be posted on King County's Surface Water Design Manual website. Your property contains a stormwater management flow control BMP (best management practice) called "permeable pavement," which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep through the pavement into a free-draining gravel or sand bed, where it can be infiltrated into the ground. The type(s) of permeable pavement used on your property 1s: porous concrete, porous asphaltic concrete, permeable pavers, modular grid pavement. 17 The area covered by permeable pavement as depicted by the flow control BMP site plan and design details must be maintained as permeable pavement and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. Permeable pavements must be inspected after one major storm each year to make sure it is working properly. Prolonged ponding or standing water on the pavement surface is a sign that the system is defective and may need to be replaced. If this occurs, contact the pavement installer or the King County Water and Land Resources Division for further instructions. A typical permeable pavement system has a life expectancy of approximately 25 years. To help extend the useful life of the system, the surface of the permeable pavement should be kept clean and free of leaves, debris, and sediment through regular sweeping or vacuum sweeping. The owner is responsible for the repair of all ruts, deformation, and/or broken paving units. 18 Appendix A: Disposal of Trash Debris and Sediment 19 Disposal of Trash Debris and Sediment Trash and Debris Small amounts of trash and debris can be put into your solid waste container. Large amounts may require hiring a vendor to dispose of the material. If using a vendor, ensure that the vendor properly disposes of waste. Sediment I. Clean sediment may be used as landscape material or sent to yard waste recyclers. 2. Sediment that does not appear to be heavily contaminated with oil or grease can be double bagged and put into your solid waste container. Material that appears to be heavily contaminated must be disposed of by a qualified vendor. If you have any questions, contact the Waste Characterization Program at 206-296-4633. Additional information can be found at http://www.govlink.org/hazwaste/index.cfm 20 Appendix B: Facility Sketches 21 Figure B-1 pipe OD. notched grade board 2"x 2" notches 18"0.C. t PLAN NTS end cap or plug clean out wye from pipe 4" or 6., pe,ioraled pipe laid fla~1 clean 0~1t wye from pipe pipe OD. galvanized oolts \ +-'-l 'c..:iw.-''·l~' 4 m111 1 min @- ~·lo~ 2"x12·~·"\. oressure !real~ grade ~1 g board ~. ~ -~ 4 x 4' scpport pos: ... ~t:,-1..1' . = ~ s filter fabric SECTION A·A NTS clean (S 5'%, fines) 11/2". '.!./4 "washed rock evel y -4- flow to second dispersal trench if necessary ,< t • e,,.. flow to other branching CB' s as necessary 18"0.C. 2"grade board notches NOTES: :ype IC 8 cover -+- w/solid A 2" 1. This 3·e.1ch shall be constructed so as to preven! point discharge and/or erosion. 2. Trenches may be placed no closer man 50 feet to one another. ( 100 feet aJong flowlino) 3. Trench and grade board must be level. Align to follow contours of site. 4. Support post spacing as required by soil conditions to ens0Jre grade board remains level. 22 A t.. Type II catth basin Figure B-2 Typical II Catch Basin (Round Concrete Structure) 48, 54, 60, 72 or 96 inches PLANVIEW shown with soil .....,oved -not to Hille -= = INVERT --" = = = SECTIONA-.A nottoscale A --j additional ladder rungs (in sets) to allow access to tanks or vaults when catch is filled with water , vertical oor grate for secondary Inlet 23 , Figure 8-3 Typical Flow Restrictor (T-section) (Found in Type 2 Catch Basins) removable watertight coupling or flange 2'minimurn clearance .. to any portion of •ROI'. r indudinq E!ibow) secondary orifke eJbow restrioo,, sN, detail PLAN VIEW Type tt catch basin - additional ladder rungs (in sets) to allow access to tanks or vaults when catch is filled with water shQwn wlth soil removed~ not to Kale plate welded to elbow·· · with orifice as specified SECONDARY ORIFICE ELBOW RESTRICTOR DETAIL nottoscale secondary orifice- elbow restrktor, see deraif pipe supports f' sec.lion of pipt·' atta<hed by gasketed band to allow removoi (not always present.I I frame.grate & solid cover marked "DRAIN"with lockin9 bolts vertkat b.ar grate for .se,condary inlet = restrirtor plate SECTIONA·A not to scale 24 Fig_ure B-4 Typical Detention Pond access ramp into pond compacted "- <?mbankment I • 6' sediment, storage panddesign water surface ,· emergency overflow spillway rip rap Non, Thls detail Is a schematic representation only. Actual configuation will vary depending on specific site constraints and applicable design criteria. ' ... _. alternate emergency outflow structure for ponds not required to provide a spillway • 25 Figure B-5 Typical Wetpond --inlet pipe & catch basin per detention facility requirements '" " access ramp -·---··-·-·p··-7-: ___ _ ,, ,, ,, ' 1! I{ I ' /1 FIRST WETPOOl CELL ----:-:--------------·-··· ;: l.5%to 35% ofWetpool vol-ume, w·; /;,-dlkeorbaflle at watN excluding access ramp:* '.; ~7~11 surface or-subm~rged 1' ._____ /·"'.::---r--1-\i/ ; ; below watersurface berm top ---L:: ____ -· --" , 1 1/ :· :;* SECOND WETPOOL CELL "-1---...__-~V----__ .,J-' ="= .,.., ~,,,., _:_i w,>,oo, j: emergency overflow water surface emergency spillway per detention facility requirements - ;--Width :_·----:.~I!/ -~~k,,- <' >fr -¥ -, \ 'l ---- 1'I " " " " ,1 :: ;~ ::~· access road)d'/1,- outlet s_t,t@ure /,"~ -~...... -~,I ~-~ -~ -. -. _ .. ---~, PLAN VIEW not to scale- plantings required on cut slopes fur lake protection fac.ilities outlet erosion control energy dissipation 26 Appendix C: Maintenance Checklist 27 MAINTENANCE CHECKLIST Directions for property owner/manager or maintenance vendor: I. Refer to the component definitions in the "Drainage Maintenance Standards" booklet, as well as your individual site plan to determine what facilities you have on your property. On a site plan, "CB" refers to catch basin. 2. Check "yes" or "no" indicating whether you have each facility component on your property (i.e., pond, Type II catch basin, culvert, etc.). 3. Inspect each component to determine whether it has any defects causing it to not meet the King County standard (see "Drainage Maintenance Standards" booklet). 4. In the "Meets Standard or Defect Number" column, list the applicable defect number (A-1, A-2, etc.) from the Drainage Maintenance Standards booklet, or write "Meets Standard" if the facility meets the standard. (NOTE: If there is more than one component for a facility type, list each component by its number on the site plan (CB-I, CB-2, etc.) along with any defect numbers. 5. Perform maintenance on all defective facility components to bring them up to standard. 6. Check off the work that has been completed and the date it was completed. 28 FACILITY TYPE See "Maintenance Standards" booklet for i COMPONENT Retention/Detention (RID) A. Type I Catch Basin (Inlet) Do you have this facility colJ1)01lfflt on your property? YES NO 1. R/DPond Definition: Natural or man-made depression used to store runoff. May be enclosed by a fence. Fills when storm events occur. May not have visible inlet/outlet. May drain by infiltration only (i.e., soak into soil). ,., .... , ........ , ..... ,; ..............•. , B. Type 11 Catch i Basin (Control Manhole) C. Flow Restrictor (located in Control Manhole) D. Debris Barrier E. Energy i Dissipater 'F. Pipe H. Fencing i (Including Gate) I. Access Road J. Other-Specific to RID Ponds ' . •· . . .....•. , .....• : Conveyance 2. Conveyance , Definition: Culvert(s), 'pipe(s), ditch(es), catch basin( s ), and manhole(s) that pick up and convey runoff from buildings and parking areas to one of the above RID facilities. A. Type I Catch Basin (inlet) B. Type II Catch · Basin (Control Manhole) D. Debris Barrier E. Energy Dissipater F. Pipe G. Ditch Airy defects? List the defect # from the boolclet; or write ~Meets Standard." WORK COMPLETED MEETS STANDARDOR DEFECT NUMBER X DATE 29 : Water Quality • 3. Wet Pond 1 Definition: Natural or man-made depression; may be enclosed by a fence. It is similar to a r/d pond. Multi celled, with continually standing water. Removes pollutants from runoff through settling action. If it is a combined rid and wet pond, the water level will fluctuate during storm events. . A. Type I Catch Basin (inlet) B. Type II Catch Basin ( Control : Manhole) C. Flow Restrictor (located in Control Manhole) D. Debris Barrier E. Energy Dissipater F. Pipe • H. Fencing ; (including Gate) I. Access Road N. Other-Specific to Wet Ponds 30 EXHIBITE FINAL WETLAND AND STREAM MITIGATION PLAN, WEDGEWOOD LANE DIVISIONS I, 2, 3, AND 4 ,t l!~{}u-C.~ U>Py cJ/:. 'T~ PLthJ (5 O/J F1L'E: w I r!-1-"TffE: C,1 ~ Cr R.e:,..:rn, ,u C L.eR.l<-' 5 OPFt c.e::-F11 .... e; t,lc>. LU.4·0G-/tJO. I W:\WPD0CS\903l3\002\tmb6550.doc 04/24/07 Page 38 Declaration of Protective Covenants for Wedgewood Lane . ADDITIONAL WETLAND & STREAM-RELATED DOCUMENTS & FINAL APPROVED Mitigation Plans FOR ALL DIVISIONS OF THIS PLAT ARE LOCATED IN FILE LUA06-065 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April I 0, 2007 Bob Mac Onie Sonja Fesser, Technical Services Ameta Henninger, X7298 A, cfl WEDGEWOOD FINAL PLAT DIV. 4 & 5 LUA 06-1 OOFP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Approval: cc: Yellow File )) -1 ~ate '/ I • /• Name Title Date DATE: TO: FROM: SUBJECT: MEMORANDUM February 12, 2007 Jane. Ameta H. X7298 {\~ WEDGEWOOD 4 & 5 The applicant has submitted the attached blueprint for the above project. Please review for street names and comment. You may use this memo to note any comments, concerns, corrections or approval. If you have any questions please call me. Thank you. Thank you! Cc: Kayren K. z,}z/7 DATE: TO: FROM: SUBJECT: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM March 15, 2007 Arneta Henninger Elizabeth Higgins ~ ( ~ Wedgewood Division 4-5 Final Plat Review Comments I have reviewed revised final plat plans for the above-referenced project and believe the revisions have been made as required in my letter to you of October 13, 2006. h:\division.s\develop.ser\dev&plan.ing\erh\mis<.:dlimcous\wedgewood memorandum.doc Printed: 04-26-2007 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA06-100 Payment Made: Receipt Number: Total Payment: 04/26/2007 12:10 PM 38,203.22 Payee: GILROY, PATRICK Current Payment Made to the Following Items: Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee Payments made for this receipt Amount 11,676.72 10,736.00 15,790.50 Trans Method Description Amount Payment Payment Credit C VISA Credit C MC Account Balances Trans Account Code Visa Master Card Description 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 or Fence Review 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 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax 30,000.00 8,203.22 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0701869 z__vA-o(o-ltJO CITY OF RENTON, W ASIDNGTON RESOLUTIONNO. 3855 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (WEDGEWOOD LANE FINAL PLAT (DIVISION 4 AND SJ; FILE NO. LUA-06-lOOFP). 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 Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, W ASIDNGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION IL The above findings are true and correct in all respects. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth I RESOLUTION NO. 3855 (The property, consisting of approximately 4.88 acres, is located in the vicinity of NE 10th Street, Hoquiam Avenue NE and Ilwaco Pl. NE) 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 Pl~uilding/Public Works Department dated January 31, 2007. PASSEDBYTHECITYCOUNCILthis 12th dayof February &r,c,nµ_'J. lJ~ Bonnie I. Walton, City Clerk APPROVEDBYTHEMAYORthis 12th dayof February Apep""ed as to form: o< ~· $ •• , II! <;J'W, ' Jl1 Lawrence J. Warren, City Attorney RES.1240:2/5/07:ma 2 , 2007. , 2007. ' LEGAL DESCRIJ>TION Wedgewood Lane Divisions 4 & 5 DIVISION +; RESOLUTION NO. 3855 EXHIBIT A THE NORTH 15 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHVEST QUAR1£R OF THE NORTHEAST QUAR1£R; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; AND lliE NORTH 315 FEET OF THE EAST HALF OF THE NORTHEAST QUAR1£R OF THE SOUTHVEST QUARTER OF THE NORTHEAST QUARTER; ALL IN SECTION 10. TO~SHlP 23 NORTH, RANGE 5 EAST, W.M .. IN KING COUNTY, WASHINGTON. PIY1SION 5: THE SOUTH HALF OF THE SOOTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHVEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET lliEREOF AS CON'vFt'ED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. ' RESOLUTION NO. 3855 VICINITY MAP Wedgewood Lane, Divisions 4 & 5 5 4 2 11 RENTON 16 15 14 ffi VICINITY KAP w ----===, .. _:=.=..JO()(};.,.,.,z:;:::::;=-- February 12, 2007 Human Resources: Reclassifications (Eight Positions) Transportation (Aviation) Committee Transportation: 2007 Citywide Walkway Study, Mirai Associates Airport: Advisory Committee, Two Additional Voting Members RESOLUTIONS AND ORDINANCES Resolution #3855 Plat: Wedgewood Lane (Division 4 & 5), NE I 0th St, FP-06-100 Renton City Council Minutes PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Page 50 Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve reclassification of positions and pay ranges for the Finance and Information Services, Community Services, Planning/Building/Public Works, and Police Departments that do not require additional 2007 Budget appropriation as follows: Payroll Analyst (new position Lead Payroll Analyst -move to aI3 after incumbent retires), grade nl I to nI3, $2,616 budget change 2007; Museum Supervisor (new title Museum Manager), grade nl2 to m22, $5,484 budget change 2007; Community Relations Specialist (new title Community Relations & Events Coordinator -this position becomes FLSA exempt), grade nl5 to m22, $4,668 budget change 2007; Grounds Equipment Mechanic, grade al3 to al 5, $2,736 budget change 2007; Vehicle & Equipment Mechanic (three incumbents), grade al3 to al 5, $8,208 budget change 2007: Lead Vehicle & Equipment Mechanic (two incumbents), grade al 7 to al 9, $6,048 budget change 2007; Secretary I (Transportation Division -new position Secretary II), grade a05 to a07, $2,220 budget change 2007. The above changes are effective l/l/2007. Domestic Violence Victim Advocate, grade pn60 to pn61, $2,628 budget change through 2006. The above change is effective 1 /I /2006. This reclassification will not require additional budget appropriations. MOVED BY PERSSON, SECONDED BYLAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve the consultant agreement with Mirai Associates, Inc. in the amount of $75,849 for the 2007 Citywide Comprehensive Walkway Study. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve the addition of two voting members lo the Airport Advisory Committee, one representing Mercer Island and the other representing the Washington Pilots' Association, Green River Chapter. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 51 for ordinance.) The following resolutions were presented for reading and adoption: A resolution was read approving the Wedgewood Lane Final Plat (Division 4 and 5); approximately 4.88 acres located in the vicinity of NE 10th St., Hoquiam Ave. NE, and Ilwaco Pl. NE. MOVED BY CLAWSON, SECONDED BYLAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. , February 12, 2007 Citizen Comment: Walker -Sir Cedric Condominium Redevelopment, Highlands Area RECESS CONSENT AGENDA Council Meeting Minutes of 2/5/2007 Annexation: Benson Hill Communities, S 200th St & !28th Ave SE Community Services: Museum, Roxy Theatre Sign Installation, Western Neon Development Services: Windstone IV Short Plat, Release of Easements, ROW Dedications, SHP-05-135 Plat: Wedgewood Lane (Division 4 & 5), NE 10th St, FP-06-100 Plat: Victoria Pointe, Wells Ave N, FP-06-148 Annexation: Perkins, SE 95th Pl & 128th Ave SE Renton City Council Minutes Page 48 11 projects have advanced to the regional history day competition on March 22. She presented Mayor Keolker and Council President Nelson with thank you notes from the students for their participation in the judging process. Colin Walker, 3233 NE 12th St., #301, Renton, 98056, stated that he is the president of the Sir Cedric Condominium Homeowners Association Board of Directors. He reported on the status of the condominium complex's renovation project, displaying before and current photographs of the complex. ·Mr. Walker thanked the City for its support of the project, noting that he has been working with Neighborhood Coordinator Norma McQuiller on a neighborhood grant application. In response to Councilmember Corman's inquiry, Mr. Walker said the $1.5 million project was funded by individual unit owners through a lump-sum special assessment ranging from $28,000 to $33,000 per unit. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:20 p.m. The meeting was reconvened at 9:26 p.m.; roll was called; all Councilmembers present except Briere previously excused. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of2/5/2007. Council concur. Administrative, Judicial and Legal Services Department recommended approval of the Benson Hi II communities I 0% petition for annexation and adoption of the resolution calling for an election; 2,438 acres located in vicinity of SE 161st St., SE 158th St., 128th Ave. SE, I08th Ave. SE, SE 192nd St., and S. 200th St. Refer to Committee of the Whole. Community Services Department recommended approval of a sole source contract with Western Neon, Inc. in the amount of$30,IOO (City share is $25,000) for the Roxy Theatre neon sign refurbishment and installation in the Renton History Museum. Council concur. Development Services Division recommended approval of the release of easements on NE 16th St., which are no longer required, and acceptance of deeds of dedication for additional rights-of-way on NE 16th St. and Lyons Pl. NE in relation to the Windstone IV Short Plat. Council concur. Development Services Division recommended approval, with conditions, of the Wedgewood Lane Final Plat (Division 4 and 5); 23 single-family lots on 4.88 acres located in the vicinity of NE 10th St., Hoquiam Ave. NE, and Ilwaco Pl. NE. Council concur. (See page 50 for resolution.) Development Services Division recommended approval, with conditions, of the Victoria Pointe Final Plat; ten single-family lots on J.69 acres located at 3701 Wells Ave. N. Council concur. (See page 51 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended setting a public hearing on 2/26/2007 to consider the proposed Perkins Annexation and future zoning of the 15.47-acre site located south of SE 95th Pl. and east of 128th Ave. SE, if extended. Council concur. '{ OF RENTON COUNCIL AGEND I Al#: Submitting Data: Planning/Building/Public Works For Agenda of: February 12, 2007 Dept/Div/Board .. Development Services Division Staff Contact.. .... Arneta Henninger X7298 Agenda Status Consent ............. .X Subject: Public Hearing .. Wedgewood Lane Final Plat (Division 4 & 5) Correspondence .. Ordinance ............. File No.: LUA 06-IOOFP (Preliminary Plat LUA 05-Resolution ........... .X 017, LUA 05-166) Old Business ........ Exhibits: New Business ....... I. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation Information ......... Recommended Action: Approvals: Council concur Legal Dept ......... X Finance Dept.. ... . Other .............. . Fiscal Impact: NI A Expenditure Required .. . Transfer/ Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Proiect Budget City Share Total Proiect.. SUMMARY OF ACTION: This final plat subdivides 4.88 acres into 23 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks, and street improvements. Design and construction of utilities, lighting, and pavement will be approved and accepted, or deferred (and a security device posted) as required through the Development Services Director prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Wedgewood Lane Final Plat (Division 4 & 5), LUA 06-IOOFP, with the following conditions and adopt the resolution. I. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (WEDGEWOOD LANE FINAL PLAT [DIVISION 4 AND 5]; FILE NO. LUA-06-lOOFP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, TIIE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTIONL SECTION IL The above findings are true and correct in all respects. The final plat approved by the Planning/.Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth I RESOLUTION NO. __ _ (The property, consisting of approximately 4. 88 acres, is located in the vicinity of NE 10"' Street, Hoquiam Avenue NE and Ilwaco Pl. NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 31, 2007. PASSED BY THE CITY COUNCIL this ___ day of ______ ~ 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of ________ _, 2007. Approved as to form: Lawrence J. Warren, City Attorney RES.1240:2/5/07:ma Kathy Keolker, Mayor 2 LEGAL DESCRJPTION Wedgewood Lane Divisions 4 & 5 PIVISJON 4; EXHIBIT A llfE NORlli 15 FEET OF lHE WEST HALF OF THE NORTHEAST QUARTER OF lliE SOUTHWEST QUAR1£R OF lHE NORlllEAST QVAR1£R: EXCEPT lHE wEST 30 FtET lHEREOf FOR ROAD; AND lliE NORlli 315 FEET OF lllE EAST HALF OF lliE NORlHEAST QUARTER OF THE SOU1HWEST QUAR1£R OF THE NORlHEAST QUARTER; ALL IN SECTION 10. TOV.NSHIP 23 NORlll, RANCE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. QI )r1§10t;J 5; lHE SOUTH HALF OF THE SOOTH HALF OF lME SOUTHEAST QUARTER OF lHE NOR1H\\£ST QIJARlER OF lME NORTHEAST QIJARlER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.. IN KING COUNTY, WASHINGTON. EXCEPT lllE WEST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. VICINITY MAP Wedgewood Lane, Divisions 4 & 5 2 5 9 11 RENTON 1!1 15 14 DEVELOPMENT SERVICES DMSION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Land Trust Inc. Wedgewood Lane Final Plat (Division 4 & 5) (Preliminary Plats LUA 05-017PP, LUA 05- 166PP) File: LUA 06-lOOFP NE 10th St, Hoquiam Ave NE and Ilwaco Pl NE, all in Section IO, Twp. 23 N. Rng. 5 E. Final Plat for 23 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Land Trust Inc., filed a request for approval of a 23 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on April 19, 2005 for Division 4, on February 14, 2006 for Division 5 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 10th St, Hoquiam Ave NE and Ilwaco Pl NE. The new plat is located in Section IO, Twp. 23 N. Rng. 5 E. 6. The subject site is a 4.88 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on July 18, 2005 for Division 4, on May 8, 2006 for Division 5. 8. The property is located within the R-8 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental review and plat review. By division. DIVISION 4 I. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements outlined in Volume II of the 2001 Stormwater Management Manual. A TESCP was drafted in accordance with the DOE manual, and it was reviewed and approved by the Development Services Division prior to commencement of earthwork activities. 2. This project shall be designed to be in compliance with the 1998 Level 2 King County Surface Water Design Manual for water quality treatment and detention. The project's storm water facilities were designed to a standard that meets and/or exceeds this standard. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488. 00 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the f"mal plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 6. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored flags to indicate the boundaries of the wetland and stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction utility permits. Silt fencing and flagging will remain in place along the wetland bnffer edge until earthwork activities have ceased and the split-rail fencing and signage denoting the wetland area has been installed. 7. After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e., split-rail fence or other approved barrier) and signage, noting the critical area, along the entire edge of the wetland and stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. A split-rail fence and signage will be installed prior to the recordation of the final plat. 2 WEDGEWOOD4&5FP.DOCI DIVISION 5 l. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sedimentation Control Requirements, outlined in Volume 11 of the 2001 Stormwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This plan shall be subject to review and approval by the Developmemnt Services Division. A TESCP was drafted in accordance with the DOE manual, and it was reviewed and approved by the Development Services Division prior to commencement of earthwork activities. 2. The applicant shall comply with the recommendations contained within the geotechnical report dated December 22, 2005, prepared hy Earth Consultants, Inc. The report's recommendations were followed during the design, review and construction of the improvements for this project. 3. The applicant shall comply with the recommendations for downstream drainage improvements and improvements to 'Pond A' located on the Wedgewood 3 site, to accommodate storm water drainage from the Wedgewood 5 site, as described in the preliminary drainage report dated December 22, 2005, prepared by CORE Design, Inc. with the condition that the project shall be designed to comply with the 2005 King County Surface Water Design Manual -Level 2 for water quality treatment and detention. The design of Pond 'A' in Wedgewood Division 3 was altered to accommodate runoff from Wedgewood Division 5. The pond was altered in such a way to allow it to detain and treat the runoff from Division 5 in accordance with the standards outlined in the 2005 King Connty Surface Water Design Manual. 4. If any alterations of Pond A are required in order to accommodate drainage from the Wedgewood Division 5 site, which will impact the pond's landscaping/trail improvements as approved in the Wedgewood 3 preliminary plat (LUA 05-086), these impacts shall be mitigated so that the appearance and function of the landscaping and trail are not reduced. Changes were made to Pond A to accommodate additional runoff from Division 5; the changes included the addition of a 12-iuch tall concrete wall to the east wall of the pond. However, the wall does not interfere with the trail improvements, nor the landscaping; as a matter of fact, the landscaping (as shown on the design submitted with this application) works to obscure the wall from the view of the homes that back up to Pond A. 5. Pond A on the Wedgewood 3 site shall not be altered so that safety fencing is required. The pond revisions, which have already been reviewed and approved by the Development Services Division, did not require the use of safety fencing. 6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 3 WEDGEWOOD4&5FP.DOC/ 8. The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. By division. DNISION4 I. The applicant shall comply with the conditions imposed by the ERC. The applicant has complied as noted under each item above. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. A demolition permit was obtained, the existing strnctnres were demolished, and the permit has been finaled. 3. The applicant shall submit a conceptual landscape plan for the 5-foot landscape strip as prepared by a registered landscape architect, or a certified nurseryman, or other similarly qualified professional to the Development Services Division Project Manager for review and approval prior to recording of the final plat. The requested landscaping plan is being submitted herewith for approval prior to the recording of the final plat. 4. A homeowner 's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s). if necessary, shall be submitted to the City of Renton Development services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. The Wedgewood Lane Homeowners Association was incorporated on March 24, 2006. A set of covenants, conditions and restrictions is being submitted with the final plat application in order to establish responsibilities for the maintenance of all shared private improvements. 5. A sign shall be installed at the stub road, NE IO"' Street, that informs residents that the road would be extended to the east in the future and carry through-traffic. The sign shall be installed prior to the recording of the final plat. By the time of the recording of the final plat, NE 10th Street will have become a through street. Therefore, the sign will not be installed. 6. The applicant shall have to assure that lots meet lot area and setback requirements aside from the easement areas for proposed Lots 2 and 7 setbacks. Lots 2 and 7 are a size and shape that is consistent with the City's subdivision standards. 7. The plat shall reflect the temporary turnaround at the eastern end of NE 10th Street and the plat mylar shall contain appropriate language indicating that the turnaround will be required until NE 10th Street connects to and forms a through-link to another public street system east of the subject site. 4 WEDGEWOOD4&5FP.DOC/ By the time of the recording of the final plat, NE 10th Street will have become a through street. Therefore, the temporary turnaround will not be installed. DIVISION 5 1. The applicant shall comply with the conditions imposed by the ERC. The applicant has complied as noted under each item above. 2. The applicant shall provide Stormwater retention in Pond A at Wedgewood Division 3. If it becomes necessary to enlarge the pond, it should be enlarged along the western edge and otherwise comply with the conditions of the ERC. In accordance with the Hearing Examiner's recommendation, the footprint of the pond was not enlarged. Instead, the pond's capacity was increased by adding a 12" tall concrete wall along the east side of the pond. The concrete wall does not interfere with the proposed trails around the pond area, and it will be obscured from the residents' views by landscaping within the sidewalls of the pond. 3. The applicant shall develop a bioswale on the subject site if one is required by storm drainage requirements. No such bioswale was required by the Development Services Division during their review of the storm drainage improvements for this plat. 4. The applicant shall provide a detailed landscape plan that shows proposed landscaping, including street trees for all street frontages and setback areas. If a bioswale is necessary to meet the water quality treatment requirements of the 2005 King County Surface Water Design Manual, Level 2,for the proposed plat, the bioswale area shall also be landscaped. Satisfaction of these requirements shall be subject to review and approval of the Development Services Division prior to recording of the final plat. A final landscaping plan is being submitted for review with this final plat application. No bioswale was required by the Development Services Division for water quality treatment. 5. The applicant shall provide a tree inventory and tree retention plan to this office and lo the Development Services Division for review and approval prior to the plat going to the City Council. The plan must show preservation of at least 25% of trees with a minimum diameter of 8" (evergreen) or 12" (deciduous) when measured 4 ft above grade, and indicate how proposed building footprints will be sited. The following species are exempted from the retention requirements outside of critical areas: a) All Popu/us species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Jtalica ''), etc. b) All A/nus species which includes red alder (A/nus oregona), black alder (A/nus g/utinosa), white alder (A/nus rhombifolia), etc. c) Salix species which includes weeping willow (Salix babylonica), etc., unless along a stream bank and away from paved areas. d) All Platanus species which include London plane tree (Platanus acerifo/ia), American sycamore, buttonwood (P/atanus occidentalis), etc. A tree retention plan showing retention of25% of trees with a minimum diameter of8" for evergreen, or 12" deciduous was submitted to Keri Weaver of the Development Services Division on April 20, 2006. A grade and clearing permit has since been issued, and all trees but those designated on the plan were removed. 5 WEDGEWOOD4&5FP.DOC/ 6. The applicant shall comply with the conditions of the approved modification for street width reduction and landscaping/sidewalk placement, dated March 13, 2006. A detailed landscape plan has been prepared for submittal with this application, showing all proposed plantings within the planter strip; however, no fencing is proposed. A note has been added to the face of the plat indicating that the HOA will be responsible for maintenance of the planter strip. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: I) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 31ST DAY OF JANUARY, 2007 6 WEDGEWOOD4&SFP.OOC/ VICINITY MAP Wedgewood Lane, Divisions 4 & 5 5 4 2 1l R E N T O N 16 15 14 ffi VICINITY KAP W ---..;;;.;;.;;;,;;.-_ ... .JOOO~""r=--- • I , 5 6 7 8 g 10 11 12 2 J /J ~ DI J. 5 7flE. 7n 1 -.,· I ~ 7 I 2 f 8 g 'q: I TO ::e N 6 ~ :::s J 4 5 ]DIV. i () ~ ~ THACT A NE 9TH Pl ~'tf ~~ ~ L.. SE 118TH s'-~ N' C) ~ ~ /L ~ ~ ._ I '--- NO SCALE NE 8TH PL / WEDGEWOOD LANE DIVISIONS 4 I 5 FINAL PLAT PA8E OVERALL PLAT PLAN 1 OF 1 c6iE l4711 NE 291h P1ace Suite 101 Bellevue, Wasfllngton 98007 ~DESIGN 425.885.7877 Fax 425.885.7963 ENGINEERING • PLANNING • SURVEYING 08"1458 • LEGAL DESCRIPTION Wedgewood Lane Divisions 4 & 5 DIVISION 4; EXHIBIT A lrtE NORTH 15 FEET OF 1HE WEST HALF OF 1HE NORlHEAST QUARTER OF 1HE SOUTHWEST QUARlER OF THE NORTHEAST ClUARlER; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; ANO THE NORTH 315 FEET OF THE EAST HALF OF THE NORTI-IEAST QUARlER OF THE SOUlrtWEST QUARTER OF lltE NORTHEAST QUARTER; AU. IN SECTION 10. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. DIVISION §; 1HE S0U1H HALF OF THE S0U1H HALF OF THE S0U1HEAST QUARTER OF THE NOR1HY£ST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF AS CON"8'ED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. { CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: To: From: Subject: Febn,!arv 1, 2007 City Clerk's Office !, ' Staqi Tucker ', Land'/Use File Closeout Please complete the!' following information to facilitate project closeout and indexing by the City Clerk's Office. ' I Project Name: Wedgewood Lane Divisions 4 & 5 Final Plat LUA (file) Numbel,': LUA-06-100, FP Cross-References: LUA03-052; 03-053; 05-009; 05-017; 05-086; 05-108; 06-065 AKA's: Project Manager: , Ameta Henninger Acceptance Date: August 22, 2006 Applicant: I Patrick Gilroy, LandTrust, Inc. owner: ' KBS Development Group Contact: j Patrick Gilroy, LandTrust, Inc. PIO Number: ' 1023059051; 1023059092 " ERC Decision Dat,: ERC Appeal Date: ,. Administrative Denial: Appeal Period En~s: " Public Hearing D"°: Date Appealed to MEX: By Whom: I HEX Decision: Date: Date Appeaied to ·eoundl: By Whom: Council Decision:, Date: Mylar Recording Number: Project Description: A final plat for a total of 23 single-family residences Installing sanitary sewer, storm, stred: lights and street Improvements. Water is Water District 90. Site is located on both north and sou~ side of NE 10th Street and on the east side of Hoquiam Avenue NE. Location: ; 1002 Hoquiam Avenue NE Comments: t 1 ' April 20, 2006 Keri Weaver Senior Planner Development Services City of Renton 1055 S. Grady Way Renton, Wa. 98055 Re: Wedgewood Division 5 LUA 05-166 .. Ms. Weaver The Hearing Examiners recommendation number 5 requires us to submit a tree inventory and tree retention plan. I have enclosed a tree inventory plan prepared by Neal Baker, ISA of Blue Ribbon Tree & Landscape Specialists Inc. Trees not inventoried were either small alder or cottonwood, which are exempt. He did although note three large alder and cottonwood which also would be exempt leaving seven trees. We are proposing to retain two 35-inch maples located on the rear of lots 11 and 12. Both of these fall within the required rear yard set back so \Vould not be affected by a building footprint. If you require any further information please contact me at 425-444-1726. LandTrust Dick Gilroy Se~GuardWell Mail Centerj 4258688241; Apr-17-06 9:49AM; ~ .!.~~~ .. &i.Ja!INf>4- 11424 SE Renton/ IS$aquah Rd, • Renton, WA 98059 (425) 7113-4408 • (877) 643-3328 • (425) 226-3858 Fax email: BJueRlbbonTL@yah~.e~m ~ · ~.bluerlbbontree.c:om Mark Northward Construction I have personally inspected the·area in Weagewoodlane"Div. 5 lo · · · ·· ·· · ·. ·. . I found);.trees that were of a size to be Included In ttl~ :called for tree Invert.or; They are r:iµ,mbers In there locations on the plaris_y9u si.Jwlied me with . . ·. . . . .. 1. Cet:teAweeel acr 0811 2. Big Lear Maple 45• DBH 3. Big Leaf Maple 13" DBH 4. Big Leaf Maple 24" DBH 5. Big Leaf Maple 35" DBH .-fo hi: .S-A-11,;:1 6. Big Leaf Maple 35" DBH -+o -h~ ..r.,4v1.d 7. Alder 21" DOH 8. Aleler 12" D8H 9. Western Red Cedar 38" DBH 10. Cherry 20" Submitted Neat Baker ISA# PN1075A Blue Ribbon Tree & Landscape Specialists 206 423 0748 .. Pag• 2/2 - __ , - -t ' . I • ' -· ; .. '•t 10 .. ·t........., NOO, rt 16~70 . f. .1--"\-:t;( ft:. ; I -, . ' '" - W'edgewood Lane (Div 5) minary Plat File No.: LUA-05-166, ECF, PP April 11, 2006 Page 8 treatment requirements of the 2005 King County Surface Water Design Manual, Level 2, for the proposed plat, the bioswale area shall also be landscaped. Satisfaction of these requirements shall be subject to review and approval of the Development Services Division prior to recording of the final plat. 5. The applicant shall provide a tree inventory and tree retention plan to this office and to the Development Services Division for review and approval prior to the plat going to the City Council. The plan must show preservation of at least 25% of trees with a minimum diameter of 8" (evergreen) or 12" (deciduous) when measured 4 feet above grade, and indicate how proposed building footprints would be sited. The following species are exempted from the retention requirements outside of critical areas: a. All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), Lombardy poplar (Populus nigra "Italica"), etc. b. All Alnus species which includes red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. c. Salix species which includes weeping willow (Salix babylonica), etc., unless along a stream bank and away from paved areas. d. AIJ·Platanus species which include London plant tree (Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis), etc. 6. The applicant shall comply with the conditions of the approved modification for street width reduction and landscaping/sidewalk placement, dated March 13, 2006. ORDERED THIS 11th day of April 2006. TRANSMITTED THIS 11th day of April 2006 to the parties of record: Keri Weaver 1055 S Grady Way Renton, WA 98055 PL Development PO Box 376 Mercer Island, WA 98040 Patrick Gilroy LandTrust, Inc 1560 140th Avenue NE #100 Bellevue, WA 98005 Angel Anderson 5300 NE 10th Street Renton, WA 98059 TRANSMITTED THIS 11th day of April 2006 to the following: Stan Engler, Fire Rene Korsmo-Engbaum 5424 NE I 0th Street Renton, WA 98059 Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Alex Pietsch, Economic Development Gregg Zimmerman, PBPW Administrator Neil Watts, Development Services Larry Meckling, Building Official Planning Commission Transportation Division Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Janet Conklin, Development Services King County Journal ( Project Name: Project Address: Contact Person: Permit Number: \OQ;}, \\pQUI A y /Wfil)\.l\T k.)\.i Pro:f.:\<:¥-b, c(U;y , LP.1U0Tvivs.r 1•>Ci S# lo 11 Project Description: _...,,l?....:...::Lor::..i....__..S:..,_f'.'-"1'<..==--.1..f>""LB'c:i.'C.1..-______________ _ Method of Calculation: Land Use Type: -E:1-Resldential D Retail ~E Trip Generation Manual, 7th Edition D Traffic study D Other (.-z.10~ '1-S7/Lo, D Non-retail iO;Jlculatfo"ii·: // \ •• ,"'t'!" ,.,., -' . 1t )( . q;·? 7 :; 1·a-~;-lf\ AiJ1 -,~-r-· •• l"L'-\.l\l y. f 1s ~ ~t'11~3D'. 7s" . { '<-'_ . :1,:• 'l'ransportation , .MU:lgation Fee: i qp30, 7'!) . calculated by: K. ;\SWJL\LI( < Date: da-7 ~ .·. . . I i- Da~ of Payment: ------------------- ' "1 II. ;~ ~ 0 ., 119 ti ~3 ~ <) Ill ~ :i: ~ U) "> J Ci' ~ \9 ~ • -• I 8~ ~! I • ;!..~ I i; •• e ~~ ' l ' - ,i -• . ~ 1 I I • ~ " < I ~ I " I I \ I , I I I ' ' / ~ ,s 17:1 ~>, !!i i5~si ~ ~, I I I I I ! ~1 :/ z z < • ~ 0 ~~!i ~~ II =d~~· ~ ~ <( u !/) L..LA,/1-()~-/00 A PORTION WEDGEWOOD LANE OF THE SW 1/4, NE 1/4 AND NW 1/4, NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNIY, WASH!NGTON SHEET 4 OF 5 W.&-XX-XD-FP um-xx-xxxx DMSION 5 /0-2 -1o5"9oS I -},-. ' ' " ,I I; ~-------------ti. UN£. S[ 1/'. NW 1/4. N[ 1/4 SEC. 10-2J~, ---~--5GI. .. ~ --------- I r , , , ::~ I I I I : : I I I L ..,,.,,,,,_ ------ -------- I'. -t 'l ! .__j ~ ~ I I . I I I :a'''~ ~."ll"/. 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'-~· .~' <'.§ <'.§' (§~ .. : 1 , ,1 ••• •. .,,., f6 • L.\ \...,_ An .r,l'J,i" ~ ., .. ,-.r'1,,( '"';.,,,"' ' jj -= ~1-~ :: 8~ ®, '"7,\ POE /\'V"" ., . ITr 1:z· P .. 0.£ "'!1 [1,· \'f.o.l'EP,. $CM:~ 12" P.0£ ~~ I -11 O°U'!iWW Z I.,, 0 [SE:£ NOTE II .., ,o [NT rt NOT!:! E.O.SCMENT [SE[ NOTt 7 ., .. i (,,;:~.: i ~----~~:'--=---~~'.f_'_'=._ .__.__:~~-, -:,',t~::: ___ -...:::_ .... =J ~ ---.i-... ---------------=--=-~0-----...,...,,., __ _ .,,_., ----~:"oo---- 1 ~ : '" ( ! ""' .... lllCRe$HOlffPI..AT VQ.. 114, P<lli 1M--1'7 REC. t-lO. 100+072"1IIOOOOI l SCALE: 1" = 40' 2.0 40 w M611ill'iO"ir~ Lllml]) SEt 1/.t" K N" REBAR W/'m.l.OW PLASTIC CN' STAM~m "C<lftE 412"" O F"OOl>D 1/'l' !DAR W/'lnl.OW PLASTIC CN' STAMPED "OOH£ 37:iiloli" OR "CORE 412H" UN1.CS5 NOTl:'.O OIKR'IIISE ~ l~tlf~7~4/:m"INON UEU or FIIONT LOT CORNERS Uffln!i NOltO OlltERlll9E. ~ CllY or RENTQN S1'!'H!ET A00RtSS P.D.E. J>RIVA1'E IR1'1N"'-OE EASEMENT P.A.£. ...,Ill.IC ACCESS tA!D1'"1' S. UN(, NW 1/•, S(tSHEETJOl',f"OR \'f£tlGEWOOD LAr-lE Dl~S-<#< • 1 .. _ cORE ~DESIGN PLAT o, "IIEOG[woo;) l>,.t DIV. 1-J YO!.. lU. ~S. XX-XX REC. ,.0, XXUl.lOl:lJOl::OC. IC"l!IU29"'M.$ullal0! J.IJ.-W~'HOO? 42~ l'u 42s.,1.SJNl ENO/NEERING • PlANNINO SURVEYING .JOB NO. 015:1.150 City o ... enton Department of Planning I Building I Pub,._ Narks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~{l·IJV'I COMMENTS DUE: SEPTEMBER 5, 2006 APPLICATION NO: LUA06-100, FP DATE CIRCULATED: AUGUST 22, 2006 APPLICANT: Patrick Gilrov PROJECT MANAGER: Arneta Henninaer £!T!O!:'._R~~'°~ _ ,,L,...,LIVLU PROJECT TITLE: Wedoewood Lane Div. 4 & 5 Final Plat PLAN REVIEW: Elizabeth Hiaains SITE AREA: 4.88 acres BUILDING AREA laross): N/A ALJ(j 2 2 2006 LOCATION: 1002 Hoquiam Avenue NE I WORK ORDER NO: 77634 BUILDING DIVISION SUMMARY OF PROPOSAL: A final plat for a total of 23 single-family residences installing sanitary sewer, storm, street lights and street improvements. Water is Water District 90. Site is located on both north and south side of NE 10th Street and on the east side of Hoquiam Avenue NE. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mora Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housiiin Air Aesthetics Water U•hVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transnorlation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this applicaUon with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w e additional information is ne dad to properly assess this proposal. tive Date CIT~F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator August 22, 2006 Patrick Gilroy LandTrust, Inc. 1560 1401h Avenue NE #100 ijellevue, WA 98005 Subject: Wedgewood Lane Div. 4 & 5 Final Plat LUA06-100, FP Dear Mr. Gilroy: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7298 if you have any questions. Sincerely, ~4~4~ Arneta Henninger Project Manager cc: KBS Development Corp / Owner _______ 10_5_5_So_u_th_Gr_ad_y_W_a_y_--R-en-to_n_,_W_as_h_in_gt_o_n_9_80_5_5 ______ ~ 6ii:} This oaoercontain,; ~0% rP.GVc:IP.d m~P.ri.11 :lfl% no.<# r.!Yl!'\IJmP.r AHEAD OF THE CURVE City of Renton LAND USE PERMIT DD~-1/3 MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: KBS DEVELOPMENT CORP PROJECT OR DEVELOPMENT NAME: ,f I i.l~ WEDGEWOOD LANE DIVISIONS 4 & 5 171.- ADDRESS: * rt # [;;L 3,;z_o JJ E 'is ~ · lo I) PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ciTY ~llevvd:' , Wk ZIP: qgooc; 990 & 1002 HOQUIAM AVE NE, RENTON TELEPHONE NUMBER: 2o6-755-5 'fnr../ APPLICANT (If other than owner) KIN~OUNTY ASSESSOR'S ACCOUNT NUMBER(S): 10239051, 1023059092 NAME: PATRICK GILROY EXISTING LAND USE(S): VACANT COMPANY (ff applicable): LANDTRUST, INC. PROPOSED LAND USE(S): SINGLE FAMILY RES. ADDRESS: 1560 140TH AVE NE, #100 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RESIDENTIAL SINGLE FAMILY CITY: BELLEVUE ZIP: 98005 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION TELEPHONE NUMBER 425-747-1726, EXT. 102 CONTACT PERSON NAME: SAME AS APPLICANT COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER AND E-MAIL ADDRESS: PATRICK@LANDTRUSTINC.NET Q:web/pw/devserv/forms/planning/masterapp.doc (if applicable): N/A EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): 212,783 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 24,855 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 4,671 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 5.69 NUMBER OF PROPOSED LOTS (if applicable): 23 .'/""),if.i ,.-,r_,~ti":'i,r--,-,,, .... -"··--. ' . . -r ,1 fr Of· 1/EI-JTOr.: AUG O 4 ~OOSoo RECEIVED ·- PROJECT INFORMATION continued . NUMBER OF NEW DWELLING UNITS (if applicable): 23 PROJECT VALUE: $4.6 MILLION IS THE SITE LOCATED IN ANY TYPE OF NUMBER OF EXISTING DWELLING UNITS (if applicable) 1 ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL 1:1 AQUIFER PROTECTION AREA ONE BUILDINGS (if applicable): 2500 -3600 SQUARE FOOTAGE OF EXISTING RESIDENTIAL 1:1 AQUIFER PROTECTION AREA TWO BUILDINGS TO REMAIN (if applicable): NIA 1:1 FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL 1:1 GEOLOGIC HAZARD sq. fl BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL 1:1 HABITATCONSERVATION sq. ft. BUILDINGS TO REMAIN (if applicable): NIA 1:1 SHORELINE STREAMS AND LAKES sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if 1:1 WETLANDS 7 230 sq. ft. applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA LEGAL DESCRIPTION OF PROPERTY /Attach leaal descrlotlon on seruirate sheet with the following lnfonnation included) SITUATE IN THE SE QTR. NW QUARTER OF SECTION _jQ_, TOWNSHIP~. RANGE~. 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. AFFIDAVIT OF OWNERSHIP 1. (Print Name/s) .V~h .-..~--""'S ,..,.-1.n.,-+ {fl(eclare that I am (please check~ the current owner of the property Involved In this app6cation or aumonzed representalive to act for a corporation (please attach p of authorization) and that the foregoing (Signature of OWner/Representative) ("/ -30 -t/9 My appointment expires.: __ ...:1\,:__...:...._;__><-v.!t---- Q:web/pw/devserv/fonns/planninglmasterapp.doc 2 07/31/06 AUG O 1. 2006 RECEIVED July 31, 2006 Laureen Nicolay Senior Planner Development Services Division City of Renton 1055 South Grady Way Renton, WA 98055 RE: Confirmation of Compliance with Conditions of Plat Approval Final Plat Application -Wedgewood Lane, Divisions 4 (aka, Bent Nose) & 5 (LUA'S 05-017, 05-166; 990 & 1002 Hoquiam Ave NE) Dear Laureen: The purpose of this letter is to outline how the conditions of approval of the two separate preliminary plat approvals encompassed by this final plat document have been or will be met prior to recordation of the final plat. I. WEDGEWOOD LANE, DIVISION 4 (aka, Rutledge/Bent Nose; LUA 05-017) ERC Determination of Non Significance. Mitigated: 1. "The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements ... " A TESCP was drafted in accordance with the DOE manual, and it was reviewed and approved by the Development Services Division prior to commencement of earthwork activities. 2. "This project shall be designed to be in compliance with the 1998 Level 2 King County Surface Water Design Manual for water quality treatment and detention." The project's storm water facilities were designed to a standard that meets and/or exceeds this standard. 3. "The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family lot prior to the recording of the final plat." The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 1560 140TJ-I AVE NE Sl IT[ JOO BELLEVUE. 'WA 98005 [425]747-1726 l4Fi]747-415'/FAX WWW. LANDT RUST! NC.COM Page 1 of 6 .. 4. "The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat." The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 5. "The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot prior to the recording of the final plat." The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 6. "During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored flags to indicate the boundaries of the wetland and stream/creek buffer ... " Silt fencing and flagging will remain in place along the wetland buffer edge until earthwork activities have ceased and the split-rail fencing and signage denoting the wetland area has been installed. 7. "After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e., split-rail fence or other approved barrier) and signage, noting the critical area, along the entire edge of the wetland and stream/creek buffer ... " A split- rail fence and signage will be installed prior to the recordation of the final plat. Request for Modification -Street Width Reduction. April 12. 2005: 8. "'No Parking' signs shall be installed on both sides of the street where pavement width is less than twenty-eight feet (28')." Wedgewood Lane Division 5, which was reviewed and approved after this decision was issued, has improved and will be dedicating the remainder of NE lQth Street, which will provide a full 42' roadway section after all improvements are complete. Therefore, no section of the roadway will be less than 28', and no such signs will be posted. 9. "The street cross-section for this development shall be 20 feet of pavement from the centerline of NE lQ•h Street with five feet (5') of sidewalk adjacent to the curb." As mentioned above, Wedgewood Lane Division 5 has improved the other half of NE 10" Street. Between this project and Division 5, full street improvements, including dedication of 42' of right-of-way, curb, gutter and sidewalk will be installed on both sides of NE lQth Street. Hearing Examiner's Conditions of Recommendation -Issued Tune 2. 2005: 1. "The applicant shall comply with the conditions imposed by the ERC." See above. 2. "The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat..." A demolition permit was obtained, the existing structures were demolished, and the permit has been ftnaled. 3. "The applicant shall submit a conceptual landscape plan for the 5-foot landscape strip as prepared by a registered landscape architect, or a certified nurseryman, or other Page 2 of 6 .. similarly qualified professional to the Development Services Division Project Manager for review and approval prior to recording of the final plat." The requested landscaping plan is being submitted herewith for approval prior to the recording of the final plat. 4. "A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements ... " The Wedgewood Lane Homeowners Association was incorporated on March 24, 2006. A set of covenants, conditions and restrictions is being submitted with the final plat application in order to establish responsibilities for the maintenance of all shared private improvements. 5. "A sign shall be installed at the stub road, NE 10"' Street, that informs residents that the road would be extended to the east in the future and carry through-traffic. The sign shall be installed prior to the recording of the final plat." By the time of the recording of the final plat, NE 10th Street will have become a through street. Therefore, the sign will not be installed. 6. "The applicant shall have to assure that lots meet lot area and setback requirements aside from the easement areas for proposed Lots 2 and 7 setbacks." Lots 2 and 7 are a size and shape that is consistent with the City's subdivision standards. 7. "The plat shall reflect the temporary turnaround at the eastern end of NE 10th Street and the plat mylar shall contain appropriate language indicating that the turnaround will be required until NE 10th Street connects to and forms a through-link to another public street system east of the subject site." By the time of the recording of the final plat, NE 10th Street will have become a through street. Therefore, the temporary turnaround will not be installed. Approval of Minor Modification of Approved Plat. May 18. 2006: A minor modification to the plat, which proposed increasing the widths of Lots 3 through 5, decreasing the depth of Lot 9, and rotating the orientation of Lot 6, was approved on the date noted above. The final plat map submitted herewith reflects the approved changes. IL WEDGEWOOD LANE, DIVISION 5 (LUA 05-166) ERC Determination of Non Si~ificance. Mitigated -Issued February 20. 2006: 1. "The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sedimentation Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits ... " A TESCP was drafted in accordance with the DOE Page 3 of 6 .. manual, and it was reviewed and approved by the Development Services Division prior to commencement of earthwork activities. 2. "The applicant shall comply with the recommendations contained within the geotechnical report dated December 22, 2005, prepared by Earth Consultants, Inc." The report's recommendations were followed during the design, review and construction of the improvements for this project. 3. "The applicant shall comply with the recommendations for downstream drainage improvements and improvements to 'Pond A' located on the Wedgewood 3 site, to accommodate storm water drainage from the Wedgewood 5 site, as described in the preliminary drainage report dated December 22, 2005, prepared by CORE Design, Inc. with the condition that the project shall be designed to comply with the 2005 King County Surface Water Design Manual -Level 2 for water quality treatment and detention." The design of Pond 'A' in Wedgewood Division 3 was altered to accommodate runofffrom Wedgewood Division 5. The pond was altered in such a way to allow it to detain and treat the runoff from Division 5 in accordance with the standards outlined in the 2005 King County Surface Water Design Manual. 4. "If any alterations of Pond A are required in order to accommodate drainage from the Wedgewood Division 5 site, which will impact the pond's landscaping/trail improvements as approved in the Wedgewood 3 preliminary plat (LUA 05-086), these impacts shall be mitigated so that the appearance and function of the landscaping and trail are not reduced." Changes were made to Pond A to accommodate additional runoff from Division 5; the changes included the addition of a 12-inch tall concrete wall to the east wall of the pond. However, the wall does not interfere with the trail improvements, nor the landscaping; as a matter of fact, the landscaping I as shown 011 the design submitted with this application) works to obscure the wall from the view of the homes that back up to Pond A.. 5. "Pond A on the Wedgewood 3 site shall not be altered so that safety fencing is required." The pond revisions, which have already been reviewed and approved by the Development Services Division, did not require the use of safety fencing. 6. "The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family lot prior to the recording of the final plat." The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 7. "The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat." The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 8. "The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot prior to the recording of the final plat." The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. Page 4 of 6 .. Request for Modification -Street Width Reduction, March 13, 2006: 1. "A detailed landscape plan shall be provided to the Development Services Division showing a minimum two-foot setback between the sidewalk and any proposed fence." A detailed landscape plan has been preparedfor submittal with this application, showing all proposed plantings within the planter strip; however, no fencing is proposed. 2. "Labeling and covenant language shall appear on the face of the plan requiring maintenance by the Homeowners Association of the planting strip as common responsibility including any plantings and irrigation installations." A note has been added to the face of the plat indicating that the HOA will be responsible for maintenance of the planter strip. Hearing Examiner's Conditions of Recommendation -Issued April 11, 2006: 1. "The applicant shall comply with the conditions imposed by the ERC." See above. 2. "The applicant shall provide Storm water retention in Pond A at Wedgewood Division 3. If it becomes necessary to enlarge the pond, it should be enlarged along the western edge and otherwise comply with the conditions of the ERC." In accordance with the Hearing Examiner's recommendation, the footprint of the pond was not enlarged. Instead, the pond's capacity was increased by adding a 12" tall concrete wall along the east side of the pond. The concrete wall does not interfere with the proposed trails around the pond area, and it will be obscured from the residents' views by landscaping within the sidewalls of the pond. 3. "The applicant shall develop a bioswale on the subject site if one is required by storm drainage requirements." No such bioswale was required by the Development Services Division during their review of the storm drainage improvements for this plat. 4. "The applicant shall provide a detailed landscape plan that shows proposed landscaping, including street trees for all street frontages and setback areas. If a bioswale is necessary to meet the water quality treatment requirements of the 2005 King County Surface Water Design Manual, Level 2, for the proposed plat, the bioswale area shall also be landscaped ... " A final landscaping plan is being submitted for review with this final plat application. No bioswale was required by the Development Services Division for water quality treatment. 5. "The applicant shall provide a tree inventory and tree retention plan to this office and to the Development Services Division for review and approval prior to the plat going to the City Council..." A tree retention plan showing retention of 25% of trees with a minimum diameter of 8" for evergreen, or 12" deciduous was submitted to Keri Weaver of the Development Services Division on April 20, 2006. A grade and clearing permit has since been issued, and all trees but those designated on the plan were removed. 6. "The applicant shall comply with the conditions of the approved modification for street width reduction and landscaping/sidewalk placement, dated March 13, 2006." See above. Page 5 of 6 . ' If you would like further information about the information discussed here, or if you have any questions concerning how we have met the conditions of approval for Wedgewood Lane, Divisions 4 or 5, please do not hesitate to contact me at (425) 747-1726, ext 102, or via email at Patrick@landtrustinc.net. Thank you. Sincerely, LAN RUST, INC. Page 6 of 6 I \ 0 (:Iii F b r t C, z:. '"iti ~ ' J .-~ . '(/-,\ ,. ;ffi· I !f ' l> rn C: t-i en m = < -m "' = 0 = en C "' ~ ' n\ ~ ;p ! -,. (111 ~ ~ Q \::} --> <.. ~ -~ -0 ~ (I\ u ..r: ,'11 ,- l~ ..... --··:i ··<~ 0~ -r;rr, ") ;:g~ z-a -w-o> ~z -z .:-~ Gl KEVIN CHAMBERLIN STATION MANAGER HIGHLANDS STATION iiir!!!!JJ!/f UNITED STIJ.TES ~ POSTIJ.LSERVICE---~ -- www usps.corn 4301 NE 4TH ST RENTON WA 98059-9997 425-227-6304 FAX: 425-227-4307 EMAIL: kevin.d.chamberlin@usps.gov 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. 212783 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: __ __,2==4,..,,8""5"'"5 square feet ___ 4.,_,6o.c7....:.1_ square feet __ ....,7'-'2"'3""0-square feet 2. _...,3'""6'--'-7""'5"'-6 __ square feet 3. __ 1,._,7...,,6'""0:::2.:...7 __ square feet 4. 4.0410 acres 5. ___ __,,2,.,,3'---units/lots 6. 5.69 = 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. ~·fc'lELOF'MENT PLAN~JING r-;iry (W RENTml AUG O 4 2006 ; --,·-····1v1::.-.· . '~-,, .. ·k:;i, ;· t.,;;LJ LEGAL DESCRIPTIONS Wedgewood Lane, Division 4: DEVEl,OPMENT F'LANNING (,1 ry OF RENTOM AUG O 4 2006 RECEIVED The North 15 feet of the West half of the Northeast quarter of the Southwest quarter of the Northeast quarter; Except the West 30 feet thereof deed to King County for road; AND the North 315 feet of the East half of the Northeast quarter of the Southwest quarter of the Northeast quarter; All in Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. APN: 1023059092 Wedgewood Lane, Division 5: The South half of the South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the West 30 feet thereof as conveyed to King County for Road purposes by Deed under recording No. 3261892. APN: 1023059051 MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF WEDGEWOOD AT RENTON, INC. i~IF.\/EL.OP~AE)JT PLAMMi,_:.:; CITY OF RENTQ(!. " AUG O 4 2006 HECEl'!EiJ A meeting of the Board of Directors of the corporation was held at Bellevue, Washington on Thursday, August 25, 2005. Richard Gilroy presided as Chairman of the meeting, an Gerald Molitor served as Secretary. The following members of the Board of Directors were present: Richard Gilroy and Gerald Molitor. The Chairperson declared that a quorum was present and that the meeting was duly noticed an properly in order. I. Authority to Execute Documents on Behalf of Wedgewood At Renton, Inc. It is contemplated that Wedgewood At Renton, Inc. will be acquiring certain real property in Renton, Washington, for the purpose of undertaking a residential real estate development, and that in connection with the acquisition of property, Wedgewood will be obtaining loans from financial institutions, including, without limitation, Washington Federal Savings. Either Richard Gilroy, the corporation's President, or Gerald Molitor, its Vice President, shall have the authority to execute all documents on behalf of Wedgewood At Renton, Inc. The signatures of both officers shall not be necessary to bind the corporation. No further business appearing, the meeting adjourned. GERALD F. MOLITOR, Secretary Approved and consented to as of August 26, 2005. .. . RETURN ADDRESS: City Clerk's Office City of Renton 1055 South Grady Way Renton, Washington 98055 DOCUMENT TITLE REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED GRANTOR GRANTEE LEGAL DESCRIYI'ION ASSESSOR'S PARCEL NO. 'JE'IELOPMENT PLANNING C-:ITY OF RENTOM AUG O 4 2006 -;"f '-;.(·i::1vr::o ~ .... 't,,l';i:,.,,. .. &; First Amendment to Declaration of Protective Covenants for the Plat of Wedeewood Lane NIA Wedgewood at Renton, Inc.; KBS Development Comoration City of Renton The Public Portions of NE 14 of SW 14 of NE 14 and SE 14 of NW 14 of NE %, Sec. 10, TWP. 23 N., RGE SE, W.M., Renton, King Countv, W ashineton. 1023059092; 1023059051 FIRST AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR TIIE PLAT OF WEDGEWOOD LANE Wedgewood at Renton, Inc. and KBS Development Corporation (collectively, "Developer" herein) hereby amends the Declaration of Protective Covenants for the Plat of Wedgewood Lane, recorded under King County Recording No. (the "Declaration"). Developer hereby amends the Declaration as follows: I. Pursuant to Article 3 and Section 16.1 of the Declaration, Divisions 4 and 5 of the Plat of Wedgewood Lane Divisions 4 and 5, recorded with the King County Recorder under Recording No. -------------("Divisions 4 and 5") are hereby subjected to the Declaration. The land within Divisions 4 and 5 is legally described on Exhibit A attached hereto, and is shown on the Map for Di visions 4 and 5. 2. In addition to those Tracts, easements and other areas set forth in Section 1.5 of the Declaration, the Common Area shall include Tract A of Division 4 and the fence, landscaping and monument easement(s) and improvement thereon located within Divisions 4 and 5. W,\ WPD0CS\90313\002\J1R2956.DOC 7/6/2006 Page 1 of 4 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane 3. As set forth on the Map for Divisions 4 and 5, private easements for access, utilities, drainage and/ or water are granted to certain Lots. A summary of said easements is set forth on the Easement Table, which shall be attached to the Declaration as a new Exhibit C. The summary shows the Benefited Property and Burdened Property for each easement. Said easements shall be non- exclusive, perpetual and appurtenant and shall run with the land and bind the heirs, successors and assigns of the Lot Owners of both the Benefited Property and the Burdened Property. The Lot Owners of the Benefited Property shall maintain, repair and replace the facilities within the easement area (as described on the Map) and shall pay all costs thereof. If there is more than one Lot benefited by the same easement, then the Lot Owners of all of the Lots benefited thereby shall share said costs equally. The Lot Owner(s) of the benefited Lot(s) shall restore the landscaping and other improvements within the easement area to their condition immediately prior to such maintenance, repairs or replacement. Prior to entering the easement area, the Lot Owner of the Benefited Property shall give the Lot Owner(s) of the Burdened Property reasonable advance notice, unless immediate entry is necessary due to emergent damage or threat to the Benefited and/or Burdened Property. So long as the Lot Owner of the Burdened Property does not interfere with the purpose of the easement, said Lot Owner shall have the exclusive right to make any and all decisions regarding the use, landscaping, paving and/or other improvements within the easement area, and shall pay all costs associated therewith. The Lot Owner of the Benefited Property shall hold the Lot Owner of the Burdened Property harmless from any and all claims, losses, damages and causes of action arising from or related to the use of the easement area by the Lot Owner of the Benefited Property. 4. The Lot Owners of Lots within Divisions 4 and 5 shall be Members of the Association and shall be entitled to all benefits and subject to all obligations of Members of the Association. 5. Unless otherwise stated herein, all capitalized terms used in this First Amendment shall have the meanings set forth in the Declaration. 6. Except for the matters stated in this First Amendment, all of the provisions contained in the Declaration remain in full force and effect. This Amendment shall be effective upon recording. Dated this __ day of ________ ., 2006. DEVELOPER: WEDGEWOOD AT RENTON, INC. DRAFT By: ____________ _ Its: ---------------- W,\ WPDOCS\90313 \002\JIR2956.DOC 7/6/2006 KBS DEVELOPMENT CORPORATION DRAFT By: ______________ _ Its: ---------------- Page 2 of 4 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane . .. .. ' ' . STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this __ day of , 2006, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came -------- personally known or having presented satisfactory evidence to be the of Wedgewood at Renton, Inc., a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the day and year in this certificate first above written. Print Name: ____________ _ Notary Public in and for the State of Washington, residing at Expiration Date: ___________ _ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this __ day of , 2006, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came _______ _ personally known or having presented satisfactory evidence to be the of KBS Development Corporation, a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the day and year in this certificate first above written. We\ WPDOCS\90313 \002\JIR2956.DOC 7/6/2006 Print Name: -------------Notary Public in and for the State of Washington, residing at Expiration Date: ___________ _ Page 3 of 4 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane EXHIBIT C EASEMENT TABLE DMSIONS 4 AND 5 Easement Burdened Property Benefited Property Purpose of Note No. Easement (see Note) Lot(s) ' Division(s) Lot(s) ' Division(s) 2,4,5, 7 ' ' 4 3,4,5,6 ' 4 Access & Utilities 2 9, 10 4 8, 9 4 Drainae:e 5 11, 12, 13 : 5 10, 11, 12, 13 : 5 Drainae:e 6 7,8,9,10 5 6, 7, 8, 9 : 5 Drainal!e 7 3, 4, 5, 6 ' 5 2,3,4,5 : 5 Drainal!e ' 8 2,3 5 1 5 Drainal!e Notes: The Easement Note No. is the Easement Note No. shown on page __ of __ of the Divisions 4 and 5 Map. W,\ WPDOCS\ 903 l3\002\JIR2956.D0C 7/6/2006 Page 4 of 4 First Amendment to Declaration of Protective Covenants for the Plat of Wedgewood Lane .. -~ .. Form No. 14 Subdivision Guarantee Guarantee No.: 4268-724841 DEVELOPI.IENT PLANNING CITY OF RENTON AUG O 4 2006 RECEIVED GUARANTEE Issued by First American Title Insurance Company 3866 S 74th St, Tacoma, WA 98409 Title Officer: Shari Workman Phone: (253)471-1234 FAX· r. · . ··" r,t.'r? Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No. 4268-724841 Page No.: 1 LIABILITY FEE First American THIRD REPORT Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 First Ameriam Title Insurance Comp;my 3866 S 74th St Tacoma, WA 98409 Phn • (253)471-1234 Fax - sworkman@firstam.com Vicky L. Will is (253)671-5834 vlwillis@firstam.com $ $ SUBDIVISION GUARANTEE 1,000.00 ORDER NO.: 350.00 TAX$ 30.80 First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Northward Homes/R.P.G. LLC 4268-724841 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: July 26, 2006 at 7:30 A.M. Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. ntle is vested in: Wedgewood at Renton, Inc., a Washington corporation Guarantee No. 4268-724841 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The South half of the South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the West 30 feet thereof as conveyed to King County for Road purposes by Deed recorded under Recording No. 3261892. APN: 1023059051 Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATIERS: Guarantee No.: 4268-724841 Page No.: 3 1. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 1023059051 1st Half Amount Billed: $ 2,828.77 Amount Paid: $ 2,828.77 Amount Due: $ 0.00 Assessed Land Value: $ 470,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 2,828.76 Amount Paid: $ 0.00 Amount Due: $ 2,828.76 Assessed Land Value: $ 470,000.00 Assessed Improvement Value: $ 0.00 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Wedgewood at Renton, Inc., a Washington corporation Washington Federal Savings Washington Services, Inc., a Washington corporation $7,770,000.00 November 3, 2005 20051101001313 Modification and/or amendment by instrument: Recording Information: 20060524002749 Modification and/or amendment by instrument: Recording Information: 20060524002750 3. Easement, including terms and provisions contained therein: Recording Information: 347794 In Favor of: Snoqualmie Falls and White River Power Company, a corporation For: pole line(s) Note: The legal description is insufficient to accurately locate. 4. Right to make necessary slopes for cuts or Alls upon said premises for Amelia Schewe Road as granted by deed recorded September 1, 1942 under recording no. 3261892. Note: The legal description is insufficient to accurately locate. ·can T,t:e Form No. 14 Subdivision Guarantee (4-10-75) 5. Easement, including terms and provisions contained therein: Recording Information: 6650869 In Favor of: King County Water District #90 For: water & sewer mains Guarantee No.: 4268-724841 Page No.: 4 6. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9408029001, recorded August 2, 1994, in King, Washington. 7. The terms and provisions contained in the document entitled "City of Renton, Washington Ordinance No. 4918" Recorded: Recording No.: January 4, 2002 20020104002324 8. Matters that may be disclosed upon recordation of the final subdivision. INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. c,m Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-724841 Page No.: 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions 1n patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (CJ or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to 1n Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement 1n abutting streets, roads, avenues, alleys, lanes, W'r!yS or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date~: the effective date. 2. Notice of Claim to be Gtven by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which 1s adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. lf prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forl11 1n Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute dfld prosecute any action or proceeding, interpose a defense, as limited in (b), or tu Ju any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lier, rights of U1e Assured, or to prevent or reduce loss or damage to the Assured. 1 he Company may take any appropriate action under the terms of this Guarantee, whether ur riot it sf1dll be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this pdrdgrdph, it st1dll do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subje>ct to the right of such Assured to object for reasonable cause) to represent the Assured and shall 11ot be liable for and will not pay the fees of any other counsel, nor will l11c Curnp2ny pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company m'r!y be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall termmate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. l282 (Rev. 12/15/95) T1t/e Form No. 14 Subdivision Guarantee ( 4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: {a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or 1n the name of the Assured any claim which could result in loss to the As.sured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lren for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for 1n Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or otherwise Settle With Parties other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of ,in Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Llablllty. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee 1n a reasonably diligent manner by any method, including litigation and lhe completion of any appeals therefrom, it shall have fully performed its obligations with respect tu that matter and shall not be liable for any loss or damage caused thereby, (bl In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4268-724841 Page No.: 6 {c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setthng any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Llability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destructiOn shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13, Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee, {c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) 20060524002748.001 ' AFfER RECORDING MAIL TO: . -111111111111111 2006052 002748 Wedgewood at Renton, Inc. 1560 140th Avenue N.E., Suite 100 Bellevue, WA 98005 Flied for Record at ReQuest of: First American lltle Insurance Company FlRST AIIERlCllN UO 33.90 PAGpel OF en 05/ /2896 IB:14 KlN COUNTY, UA E2209103 8S/24/2INl8 1&:13 KING COUNTX, UA slf~ $1~;.~:t.~: STATUTORY WARRANTY DEED File No: 4203-722453 (55) PAGEHI OF 001 First American Title rnwrance Company Date: May 23, 2006 Grantor(s): Jong S, Paik and Jae H. Lee Grantee(s): Wedgewood at Renton, Inc. Abbreviated Legal: Section 10, Township 23 North, Range 5 East of SE 114, NW'I•, NE 1/4 Additional Legal on page: Assessor's Tax Parcel No(s): 102305905105 FIRSTAMERIWl3 dctY~2? THE GRANTOR(S) Jong S. Paik, a married man as his separate estate, and Jae H. Lee, a married man as his separate estate, as his sole and separate property for and in consideration of Ten Dollars and other Good and Valuable Consideration, In hand paid, conveys, and warrants to Wedgewood at Renton, Inc., a Washington Corporation, the following described real estate, situated in the County of King, State of Washington. The South half of the South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W M, In King County, Washington, EXCEPT the West 30 feet thereof conveyed to King County for road purposes, by Deed recorded under Recording No, 3261892. Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. JongS.~ 8 JaeH~~ Pa;::ie 1 cf2 LPB 10-05 APN: 102305905105 STATE OF Washington COUNTY OF King Statutory Warranty De@d -continued ) )·SS ) 20060524002748.002 Fite No.: 4203·722453 (SS) Date: 05/23/2006 I certify that I know or have satisfactory evidence that Jong S. Paik and Jae H, Lee, ls/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged It to be his/her/their free and voluntary act for the uses and purposes mentioned in thlS Instrument. Page 2 of 2 --------··"--------------------- \~4~ f>4?;u>tk:- Suzan; ~oeder Notary Public in and for the State of Washington Resi.dlng at: Redmond My appointment expires: 2/2/10 LPB 10-05 20051101001313.001 ' AFTER RECORDING RETURN TO, Washington Federal Sa,'1ngs lllllllllJJIII LOAN ADMIN-WA Office 41S Pike Strect. Scaulc WA 98101 Aneation: STACEY HARPER H~br.1~,~~T 37 ... KIKG caUNTY, UA Loan Number 07S 207 310237-3 SHORT FORM DEED OF TRUST THIS DEED OF TRUST CSecurity lnscrurr.ent") ls made October 28th, 2005 WEDGEWOOD AT RENTON. INC .• A WASJONGTON CORPORATION between ....,.,----,--=,,-,==-:-:===-cc=-cc=====-=:=:--as Grantor ("Borrower"), whose .address is 1S60140TH AVE NE#100 1 BELLEVUE WA.9800S ; and -"WccA:eSHIN=,.,G«T:.,O.,.N,.;S.,E.,R.,Vc.,ICE,,..,Se,,c'INe,C"'.~· ,,A,..,W7 A,,S"'IllN=G~T-'cO"'N'=c"Cc'Oc'RPOc=R"A"Ticc"O"cN',-,--==----as trustee, whose address is6125 SOUTH MORGAN ROAD, FREELAND, WA. 98249 and WASHINGTON FEDERAL SAVINGS, a United States Corporation, as Beneficiary ("Lender"/ Grantel!), whose address is 425 Pike Street, Seattle, Washtnston 98101 Borrower hereby irre'tocably grants, bargains, sdls and conveys to Trustee in ln:st, with power of sale according to Washington law, all Borrower's estate, right, title. inte~t. claim and demand, now owned or hereJ!ter acquired, in 1:1nd to the following described property in~Kl~N=G~...,..,.,...-=---,--- County, Washington (the "Property", which term shall include all or any parl of the Property, any improvemencs tl1ereon and all the property described in Paragrapb 2 of thc·Master Fann Deed of Trust hereinafter n:fo:rrcd to): SECTION Ul, TOWNSHIP 13 NDR111, RANGES EAST OF NE I" SEE THE STH PAGE OF 11IIS DOCUMRNT FOR nu; COMPLBTE LEG-Al., Df!.SCRlfflON' AITACHED AS EXHIBIT "A" MID BY THIS REFERE:-..CE INCORPORATED HER.ErN. FIHST AMERICANU~~±..lii Assessor's Property Tax Pan:el Accounl Number(s}: 1023059-017081 -14503,-25707 ·15807 -33503 -31705 'rOGET.tiER WITH all the tenements, hercditamems and appur1enances, now or hereafter tl1Cfl!lu1110 belonging or in any way apperlaining, leases and other agreements for the use and occupRnC)' pertaining lhcre!O, .u,d the rents, issues all(] pro 11ts thereof and all Olher property or rights of any kind or nature what.soever further set fortb in the Master Form Deed of Trust hereinafter referred to, SUBJECT, HOWEVER, to the right, power and au!horit~· hereinafter given 10 and conferred upon Lender to collect and apply sui:h rent;, issues and profits. This Security lnstrJmcnt ~!".all constitute a security agreement under the Uniform ComrMrCial Code of WB8bington between Borrower as debtor and l..cDder as secured party. Borrower granls a security interest to Lender in any of the Property which is pernonal property and also grams a security interes1 in 1he property described in Paragraph 3 of 1he Master Ponn Deed of Tnm hereinafter referred to, now owned or hereafter acquired by .Borrower (the Property, aJ defined above, and the property described in said Paragraph 3 are hereafter collectively referred to as the •co!laternlM). } BorrQwer'J Jn~A lO:W-T !WA) 01/07197 THIS SECURITY INSTRUMENT IS FOR THE PURPOSE OF SECURING tho following, (a) Paymenl of the sum of SEVEN MlWON SEVEN HUNDRED sE~TI' THOUSAND AND NO/lOOS DOLLARS ( S7 177fl,000.00 ), wi1h ir,terest thereon HIX-Oldiog to the terms of a promissory note of even dRte herewith, payable to Lender or order and made by Borrower (the "Note", which term· shall include 111! nOLe.S evidCD(;ing the indebtedr.css secured by this Security Instrument, includfog all · renewals, modifications or extensions thereof); b) Payment of any further sums advanced or loaned by Lender to Borrower, or any of i.tll successors or assigns, if (1) the Note or other writing evidencing the future advance or loan specific.ally stales that it is secure.cl. by this Security Instrument, or fl) the advan.;e, including costs and expenses incurred by LeJ:",dCt, Is made pursuant to this Security Instrument or any olbet documents executed by Dorrower evidencing, securing, or relating Lo the Note and/or tbe Collateral, whether executed prior 10, contemporaneously wi1h, or subseqt.cnt to this Security lnstrumcnt (this Security lnstrut.PCnt, the Note and such other documents, including any construction loan, land Joan or other loan agreement, are bercinartcr collec1ively referred to as the. "Loan Documents"), together with interest thereon at the race set forth in the Note unless otherwise spe.cified in the Loan Doeumcots or agreed to in writing; c) Performance of each agreement, term and condition set forth or incorporated by reference In the Loan Documents, including without limitation the loan agw;.meat of even date herewith, whieh are incorporated herein by reference or C-Ontafaed herein. THE MATURITY DATE OF THESE SECURED OBLIGATIONS, AS CONTAINED IN THE LOAN DOCUMENTS, INCLUDING THE NOTE, JS Octobe.r 18th, 2007 Sy executing and de!h'crin~ this Security Instrument and the Note secured hereby, the parties agree that all pro,,.isions of Paragraphs 1 through 69 inclusive of the Mas:er Form Deed of Trust hereinafter referred to, except such paragraphs as are speclfically e,i;cluded or modified herein, arc hereby incorporated herein by reference and made an integral part hereof for an purposes the same as if set forth here.in al length, and the Borrower hereby makes said covenants and agrees to fu1\y perfonn all of said provisions, The Master Fonn Deed of Trust abo"e referred to was recorded on the dates below shown, in the Official Re.cords of the offices of the County Auditors or County Recorders of the following coun1ies in tM; State or Washington according tu the enumcraterl recotdation designations appearing. below after the name of cacll county, to wil: ORA WER, REEL, FRAME OR RECORDING OR DA'fE OF COUNTY BQQK QR VQ!.:JM.f PAGI;!jQ(~.) A!..!!2ITQJrs F!L" ~Q. ECCQRQl~Q ADAMS 229 260-271 239483 October lZ, 199S ASOTIN 2L7406 Ot1Mer 11, 1995 BENTON 616 65-76 9S-23049 Oc1obcr 12, L995 CHELAN IOS2. l6JJ-1644 9510120008 Oc1oher ll, l995 CLALLAM 11) I 69<l-705 729425 Octobe:r 1 l, 1995 CLARK 95l0ll0089 October 11. 1995 COLUMBIA lD 712-723 8601 October 1 l, 1995 COWLITZ 1213 0637-0648 951012074 October 12. 1995 DOUGLAS M44< 09.20 30785S. October 12, 1995 FERRY {M.F. ofO.R.l 232892. October 11, 1995 FRANKLIN 0377 056<1-0575 52,4669 October 11, t 995 GARFIELD 33(7 October It, 1995 GRAN1' 068 1954-1965 951012004 October 11, 1995 GRAYS HARBOR 9S 33136-33147 951012026 October J l, 1995 ISLAND 696 1410-142.J 95016396 October 11, 1995 JEFFERSON "7 328-339 385505 October ll, 1995 KING 951010042] Oc1obcr 10, 1995 KrfSAP 0879 2392-2403 9510130066 October 13, 1995 KITTITAS 370 711 586I08 October JI, 1995 KLICKITAT 327 218 249676 0;:1ober 11, 1995 LEWJS 672 350-361 9514582 Ociobcr l I. 1995 LINCOLN " D03034-003045 400875 October l l, 1995 MASON 68S 144-l55 615408 October 1 I, 1995 OKANOGAN 137 li)89-1100 833848 October II, 1995 PACIFIC 9510 559-570 62332 October I l. 199S PEND ORIELLE 121 1099-J 1 !O 230779 October L2, 1995 PIERCE 1163 2.Sl 1-2522 9510110478 Octobe1 l l, 1995 SAN JUAN 525 230-241 95101201 Ocoober I l, I 995 SKAGIT 1481 0372--0383 95101 [0046 October II, 1995 SKAMANIA 152 86C·-87l 123494 October 11 , 1995 .SNOHOMISH 3081 1623-1634 9510110189 Ociobe, 11. 1995 SPOKANE 1781 ]73.-1148 95101102)0 October 11. 1995 STEVENS 193 2376·2'387 95!0157 October II, 1995 THURSTON 246< 702-713 9510ll0097 Octol)er 11.199:i WAHKIAKUM to< 0579--0590 4544i Ociober 12, 1995 WALLA WALLA 234 159J-Hi04 9509789 Oclober 11, 1995 WHATCOM 465 li3~-1!44 95101) 197 October 11, 1995 WHITMAN Microfilrn No. 58048B October 11, 1995 YAKIMA 1494 1819·!830 3110734 October \I, 199S. i/'/Jgt 2 /JJ 4) L020-T !WAI 20051101001313.003 ' 07& Z07 310237•3 A copy of such Mascer Form Deed of Tmst bas been furnished m 1be person e,;ecuting lhis Securily Instrument, and by execuling this Sccunty Instrument the Borrower acknowledges having received such Master Form Deed of Trust. The Propeny which is the subject of this Security Instrument is not used principally or primarily for agricultu,al or farming purposes. 'Ille und.el"$igncd Borrower requests that a copy of any Notice of Default and of any Notice of Sale hereunder, as required by Wre;hington law in case of noo--jud.icial foreclo.rure of a deed of 1rust, be mailed to Dorrowcr at Bonower's address as hereinabovc set forth. Borrower agrees to obtain all insurance required from time to time by Lender and as elsewhere provided in the Loan Documents, including flood insuraoce. If Borrower fails to maintain suc:h insurance satisfactory to the Lender, Lender may make the paymem on behalf of the Borrower and any sums expended shall be added to principal and bear interest at the rate provided in the Note. If tbe box prcctding any of the following statements contains an ·x~, that statement jg a part of this Security Instrument. If the boX is not so checked, the corresponding stalcm~t is not pal't of this Security Jns1rurnen1. · D Paragraph 49 o(lhe.: !'-fas.tC:r Form Deed of Tnist (which refers to the e:tistence, if any, of an adjustable rate! fclitui:e·~ the Note) is herehy deleted. D D D D D The.Note seaii-ed hereby evidences a construction loan or land loan but is not a: combination Note. Paragraph 53 .of the Master Form Deed of Trust is hereby deleted, The Note secured hereby_ is a combination construction loan/permanent loan Nole. Refer to paragraph 53 oflhc Master Form Deed of Trnsl. The.P~operty or a part ther~f is a Condominium. _Refer to paragraph :50 of the Master Fonn Deed ofTfust. · · · ' · A fee owner and I le1sehold owner of the Property, or a portion thereof, ]lave aecuted this SC(.11rily lrutrumco1. Ref~ to paragraph 51 of 1hc Master Form Oeed of Trust The Property or a parl thereof is a Jeas<:hold i:stace. Refer to Paragraph 52 of the Master Form Deed of Trust. See also Schedule 'A" of this Shon Form De~d of Trust, attached hereto and incorporated herein by !his rcfc.re.nce. · WITNESS Ux: hand(s) and seal(s) of L'1e Borrower, and each of them if more than one, on the day and year first above written. WEDGEWOOD AT RENTON INC (Over for notR[)' ~cknowledgemcnts) (Pll~f J o/4) L020-T (WA/ 01/07197 STATE OF )ss. COUNTY OF J J certify that I know or have satisfactory evidence 1hat --------------- lNRme(s} ofperson(s)] is/are the persoa(s) who appeat'W before me, and said pcrson(s) acknowledged that (be/she/they) signed this instrument and &clnowledged it to be (his/herftheir) free and voluntary act for tbe uses and purposes mentioned in lfle iostrwnent. Dated:------- {Seal or Stamp) STATE OF ) ss. (Signature) Notary Public in a.nd for the State of ______ _ n:.siding at My commission e~pires ----------- =NTY~ I I) / I certify that I know or have satisfactory evidence that _.,_:R:_;_:;"'a.:;~A=.,,.= . ...,:A_;__,{.=,=··=l""'"'"r,,_ __ _ (Name(s) of person(s)] is/u the person~ who appeared before rr:c, and said personif) ackDowledged that (he/~y) signed this insuumcnt, on oalh sta that (hc{shellh,ey) was/were authorized to execute the imtrument and acknowledged it as the --~~"'"=,.~'~ol~"~"~-j------------------- JTy~ Aut).orily, e7g., Officer, Trustee) or 'v-{.IM'ewn J A+-"f:',;., f-,.,. JJ<. • (Name of the Party on Behalf of Whom ttie Instrument was 13xecutcd) 10 be tile free and voiunLary act of such party for tlle uses ancl purposes mcntio · n the instrument Oat~, Io /31 f,,5 (Page 4 ~ 4} 0~3011008 Mn l020·T (WAl ' 20061101001313.006 P11rcel A: The North ha1f of the Northeast Quarter of the Nortlmest Quarter i;,f the Southeast Quarter of SecUon 10, Township 23 North, Range 5 East of the Wlllamette Meridian, ln 1'lng County, Washington; EXCEPT the west 170 reet thereof; TOGETHER WITH the North 82.75 feet and the: South 30 feet of the West 170 feet of the North hidf of the Northeast Qumter of the Ni:,ttl'rwest Quarter of the Southe11st Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, In King C.Ounty, Washington; EXCEPT the We<fr. 30 feet conveyed to King Coiriy for Amelia Schewe Road Extension by Deed recorded under Recording No. 3081014. Parcel B: The North 165 feet of the South 3JD feet of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range S East of the Willamette Meridl~n. In King County, Washington; EXCEPT the West 30 feet conveyed to King County for Amelia Schewe Road extension by Deed recorded ur,;ler Recol'dlng No . .J081014. Parcel c:· 1he West 170 feet of the North half of the Northeast Quarter of the NorthNest Quarter of the Southeilst Quarter of Section 10, Township 73 North, Range S East of the WiDamelte Meridian,. In King County, Washington; EXCEPT the North 82,75 feet; ALSO EXCEPT the South 141.00 feet; AND EXCEPT the West 30 feet conveyed to King County for Amelia Schewe Road Extension by Deed recorded under Recording No, 308101<1, Pc:irtel D: The South 141.00 feet of the West 170 feet of the North half of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 10, Townshlp 23 North1 Range 5 East of the W~lamette Meridian, in King County, Washington; EXCEPT the. West 30 feet conveyed to King County for AmeUa, Schewe Road Extension by Deed recorded under Recording No. 3081014; AND EXCEPT the South 30.00 feet thereof. Parcel E: lot 2 of CITY OF RENTON SHOR.T Pl.AT NO. LUA-OJ·OS2·SHPL, entitled: Binder Short Plat, according to plat recorded July 21, 2004 under Recx:rdln9 No. 20040721900001, In l<Jng County, WashJ119ton. APN: 102305901708 APN: 102305914503 APN: 102305925707 APN.: 102305915807 A?N: 102305933503 A?N: 102305931705 APl'II: 102]05914107 APN: 102305945002 After recording mail to: Washington Federal Savings 425 Pike St., 2"d Floor Seattle, WA. 98101 20060524002749.001 Attn: Stacey Harper .,u11r :~,i~I~ ll)T 1a.oo Ii~ ,gm.te,,. ,, WR FIRST AMERICAN \.i~4 'LTu Loan Number 310237·3 MODIFICATION TO DEED OF TRUST Grantor: Wedgewood at Renton, lnc.1 A Washington Corporation Trustee: Washlngton Services, Inc., A Washington Corporation Beneficiary: Washington Federal Savings, A United States Corporation Abbreviated Legal Description: SEC 10, T 23 N, R 5 E of NE 1/4, W.M. Additional Legal Description: As shown on page 2 Assessors Tax Parcel Numbers: 102305900403, 102305901708, 102305915807, 102305925707,102305933503,102305931705,102305914107,102305914503, 102305945002 and 102305905105 Reference Number of Deed ofTrust: 20051101001313 This Modification of Deed of Trust (this "Modification") is entered into as of May 22, 2006, by and between Wedgewood at Renton, Inc., A Washington Corporation ("Granter") and Washington Fedef'al Savings ("Beneficiary"). RECITALS A. This Modification pertains to lhal certain Deed of Trust dated as of Oclober 28, 2005 executed by Granter to Washington Services, Inc. as Trustee, in favor of Beneficiary, and recorded on November 1, 2005, as auditor's file number 20051101001313, records of King County, Washing Ion. B. Granter desires to provide additional real proper1y collateral to secure repayment of the obllgalions of Grantor to beneficiary, as referenced in the Deed of Trust { the "Added Property"). C. The Beneficiary has agreed to accept the Added Property as security under the Deed of Trust securing the obligations owing to Beneficiary by Granter, and to amend the real pro;:ierty legal description contained in the Deed of Trust accordingly. Now, THEREFORE; the parties hereto agree as follows: 1. Exhibit ~AN to the De~d ur Trust is amended to lncJude the real property described as follows: PARCEL H: THE SOUTH HA.i...F OF THE SOUTH HALF OF THE soCITHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KtNG COUNTY, WASH.NGTON. EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED REC::>qoED UNDER RECORDING NO. 3261892. 2. The real property and the whole thereof described in the Deed of Trust shall remain subject to th8 lien, charge or encumbrance of the Deed of Trust and nothing herein 20060624002749.002 contained or done pursuant hereto shall affect or be constructed to affect the liens, charges or encumbrances of the Deed of Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability of any party or parties who may now or hereafter be liable under or on account of any promissory notes, obligations, and/or the Deed of Trust. 3. All terms and conditions of the Deed of Trust not expressly modified herein remaining full force and affect, without waiver or amendment. This ModificaUon and the Deed of Trust shall be read together as one document IN WITNESS WHEREOF, the parties hereto ~have caused this Modification to be executed as of the day and year first above written. BENEFICIARY: GRANTOR: WASHINGTON FEDERAL SAVINGS WEDGEWOOD AT RENTON, INC. BY: Cady, Sr. Vice Pres) State of \llc.,.1'',~.,,.) ) ss. County of ""'j ) BY: I certify that I know or have satisfactory evidence that James E Cady is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Senior Vice President of Washington Federal Savings, A United States Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: s-l,ajf<J,f"""" ' ,, ,:, E. H~ ---- \11 (;.,-,,,. ······' •••• -9.o --:. ;::'' 1-..."'t_ •• •:;,;S\ON ~.;_;;.,~ "\_ ~ VJi._0~~01,~Rr <'so(('!\ ~ (Seal or ~amµ, vi: ~ ~ ; --: ~ 't ·. Pus·, ,'v : ~ ~ ~.,.,·.. -'?i /0~\ -:. ~ '•./·16-0 / 0' l ~I'~ ........ ,··.:,.~ 11 --.... o, w ,to.&'t;,,,1 ,,,._...,.,//,rtJII State or(,/~) ) ss. County of~ ) 4,e,~ Signare Notary Public ln and for the state of W"" ~ I residing at Mycommissi I certify·that I know or have satisfactory evidence that Richard A. Gilroy 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 ttie instrument and acknowledged it as the President of Wedgewood al Renton, 1nc, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:-11'117 .,ll'(, .l&O '- residing~.Lt.<...t.L My commission expires d} --2-10 SUZANNE SCHROEDER Return to: WASH1NGTON FEDERAL SAVINGS COMMERCIAL LOANS-WA 42S Pike Street Seaule WA 98101 Attn: STACEY HARPER [Sp~« Abo~c This Line For Ri,c,ording Data) Loan Number ADDITIONAL ADVANCE AGREEMENT 20060524002760.001 310237•3 THIS ADDITIONAL ADVANCE AflREEMENT made and crm:red on __,,OSa,1.:22"/"06._ ______ _ by and between -~====~=-~-=~=-~=-~-=~---~----WEDGEWOOD AT RENTON, INC., A WASH1NGTONCORPORAT!ON ---------------------------("Borrowcr"/Grantor), and Washington Federal Savings, a United States <:orporation ("Lender~/Beneficiary/Grantee). r.1RST AMERICAN l;leVZ-:rt RECITALS: A. On or about 310237•3 10/28/0S , Borrower, in connection wilh Loan number , CXC(Uted and deliv.cred to Lender II Not.e (lh.e "Original Note") in the original principal sum of SEVEN MILLION SEVEN lfi/NDIIED SEVENTY THOUSAND AND NOIIOOS ( $7,770,000.00 ) , providing for interest on the unpaid balance. B. On or about lhe same date, Boirower executed and delivered lo Lender, as security for the payment of the Original Note, a Mortgage or Deed of Trust (the ~Security Jnscrumcnt~). The Security Instrument was recorded in 1he oftice of the County Recorder, County Audicor or County Clerk of KING County, State of WA , on -.-,1"1/'-'0"l'-'/O,;Sc..._ ___ _ as Audilor's/Recorder's number 20051101001313 . The Security Instrument covers the following described real property (the "Propcay"). SECTION 10, TOWNSffiP 23 NORTH RANGE 5 EASI' OF NE 1/4 • SEE THE 5TH PAGE OF TIHS DOCUMENT FOR THE COMPLETE LEGAL DESCRIPTION ATTACHED AS EXHlBff 11 A1r AND BY THlS REFERENCE INCORPORATED HEREIN. A,i;i;ec,.•mr',; Prf'lnr,rtv Tax Parcel/Accmirit. N11mhPr(s): ] 02105900403 901 708 9 ! S607 J25707 2 93350~, 931705, ~)4107, 9L4503, 945002 ti 905105 C. Borrower is indebted 10 Le1ider under ll1e oblig~t1on evidenced by the Original Nole, and Len<li is the owner amt holder of the indebtedness ev1dc:1ml by the Original Note. ~ BorK>wcr's lni1l~ , /l'aJlt ! ef 4'/ LOl71 WA 09128/06 D. Bonow et has reques1ed and ob1ained approval from l.ender for addi1ional funds (the -Additional Ad\·anoe") in the :unount of O~'E ;\ULLJON NINE HlJNDRED FORTY Tlt0USA.'1"D AND NO/JOOS ( $1.940,000.00 ) and has exccuu:d and delivered to Lender a No1e (!he "Addi1ional Note") of even date, in the orlsinal principal amount of the Additional Ad,•ance, -providing for imercs1 on 1he unpaid balance at 1he rale or EIGHT Al'll> ONE HALF percen1 ( 8 1500 %) per annum, and maturing on 10/28/07 . Borrower acknowledges the Addi1ional Advance a! evidenced by the Addilianal Note is secured by the Securil}" lnstruittenl *1\d i$ subject to 1hc tenns of .ill other instruments delivered 10 Lender in conntttion with lhe Original No1e and Sec-u.rity J11s1rumen1, including particularly any Cons1ruc1ior. Loan Agrrem<?nl or Land Loan Agrccmem. E. Exccp, as nor~ in th.is Agrc.mti:nt, 1he obligations C\•ldi:m:cd by 1he ..\ddilional Not~ ~md the Original Note are to be repaid in U1c s:m1~ propor1io:1s and arc to be subje-ct lo Ule same terms, prm·isions, agreemen1s. and stipulalions. F. Lender and Borrower ha\·e .agre.::d (h.i1 ihc loans e"idenced hy 1he Original Note and the Addi!ional Note shall be consolidated as 10 botl1 debt5 atid as a first priority lien ilS set forth below. NOW. THEREFORE. as :in in1egr:1I p?.rt or lhe loan transac1ion related to the Additional No1e, as a condili.on to Lender making. the Addition11l Advance, for valuable consideration, and il'I consideration of r.he mu1ual promises, covenants, conditions, a.1d stipula1ions set fonh ic this Additional Advanee Agreement. the parties agree as follows, I. PRJN"ClPAL LOAN BA.LANCE. The tmpaid principal b.\lAAce owing under !he Original Nole ifler application of the payment or INTEREST O~t.\' plus Escrow 1tenu. if any, due on 06/01106 will he SU.610,000.00 . Both lhe Original Not~ and the Additional Note arc secured by the $~'Curit)' lnstrumem, as modilied by I.hi$ Ag,reerrn:nt. The 101al principal of the Origin;J No1c as c:\lculaied abo,·,;:: and 1hc Additioml Note, will be SIJ,550,000.00 . 2. CO:"iiSOLIDATION OF OBUGATI0:\'S. The debts c,·idenced by the Original Note and the Additional Note and secured by the Security I nstrumcnt shall be and 1hey are ltercb)· mcrted and consolidaced to the same ex.11:m as if simultanl:'<lusly k>:uied and ad,;anced to Borrower. ;. DISBURSE,IE/'<"1' OF LOAN PROCEEDS; LIEN PRIORITY STATI1S; ~"E\\' CONSOLIDATED PA vr-.mNT. Upon recordation of this Agreemo.?nt, lhc net proceeds of the Addilional Ad\'ance will be disbursed 10 the order or Borrower (and each of Ulem, if more than o!'le). The debts evidenced. by 1he Original No1c and the Addi1io1wl Note shall 10.s,cthcr be ruid tem:i.in a tirSt lien upon the Property «lthou1 priority or one over another, and shall secure the rcpaymem of the present gross indebtedness with intcrt:sl on I.he unpaid ti;ilanc1:. Sal<! rtpa}mem sball be in nccordance wilh aJI lhc terms and pro,·isions or 1hc lwo Notes, subject 10 the 1cm"1S and condi1ions or Paragraph 6 of this Additional Advance Agree~m. 4. I:,,.iCORPORATlO"'\' OF ADDITIO~AL NOTE AND A0DJT10NAL ADV . .\.."'\CE AGREE.a\mNT AS PART OF ''LOAN DOCUt>.tE~TS". Any righl, remedy, or socurhy which is held by or .availah\c to Lender in connection wUh ciiher :ht! Original Nole, the Additional Note or lhe Securlt)' ins1rum1.--ni, and indud.ing any right, rcmi:dy, or security provided by any Assignmenl of Renu and Income, or anv Construc1ion Loan Agrecmem or Land Loan AgTt"emcnc, shllll apply to both the Original No1c, 1h~ Addi1ional Note and the Securi1y lnstromcnt, irrespective of wbeUli:r Ille instrument crta1ing. such right, rcmedr, or security refers only 10 one of 1hc instcumeflls describo!d in this Agrecmenl, and regardless of whether I.he instrument crc~ting s'Jch righ1, remed}', or security was executed by l~s than all persons iden1ified as Bonowe,. S. DEFAU"l. T. An)' de[auU in either of the Original Note or Additional Note, under any other in!.t.rumcni securing the payment of eilhcr of the }.ores. under any ins1rument relating to or under any ins1rument providing. any right, remedy, or s~urity in com1ecdon wlth cilher or tlv.: No1es or th.: Securih· Instrument, shall cons!itute a dcfoult in and under ;,.I\ of 1he instruments referred 10 i111his Paragraph. · 6. PREFERENCE 01'" TER.i.\lS OF ADDITIONAL NOTE; MATURITY DATE A"ND LOAN INTER.EST RA.TE. The terms of •he Atldi1lonal Note and of all ins1rumen1s in any way related co the loan associaled with the Additional No1e. ini.!ludir.g this Mditioual Advance Agreement. sh.ill govenl and apply 10 the e~ten\ of M}' connic.! or inc.onsistcncy whatsoever which may exist bC'tw~n such inmumems and 1he Original Note. Ho11e1·cr, .un~· prepayment charge \.ro,·islon associated \\ith the Original Nole, either according to lt.s terms Mas createri b,-an addendum to the Original ~ole or a modification of lhe Origin~! l\'o!e, 11ill continue lo be effecti,.c as 10 the Original l\ote, as amended and the Additional Xotc, as omencled, ns welt 3,,5 ,in,· 01her nolcs c.\:ecuted ,1i(h Lent1er until !he e.Xpiration of lhe terms of 1he prepa.~·ment lnn~~3J;C. Without limiting the general application or r.he foregoing, the following shaJJ apply: [Pagt 2 of 4J L0171 WA Z00'09LZOOtZ90900Z -----··---------- ... 'I. 20060524002750.003 a. MATURn'Y DATE. The Maturity Date sel forth in the Additional Note shall modify and apply to the Original Note and the Security Instrument. The Marurity Date on the co.tire loan, including the Original Note (as modified by this Additional Advance Agreement) and the Additional Note, i:s now and shall be 10/28/07 b. LOAN INTERESf RATE. The Loan Interest Rate set forth in the Additional Note shall modify and apply to the Original Note and the Security Iostrumc:nt. The Loan In1ere.1t Rate on the enlire loan, including the OrigiDal Note (as modified by fais Additional Advance Agreernecl) and the Additional NOie, is now and shall be EIGHT AND ONE HALF pc«ell( (._,8,,.5:::;00,_ __ _ 7. NEW PRINCIPAL AND INTEREST PAYMENT. Effective with the payment due on _____ _ NIA the momhly principaJ and interest payment on 1he eruire loan, including the Origin.al Note .and the Additional Note (as modified by this Additional Advaoce Agreement) will be NfA,~;,· . \~··:.·~,-:··:··· .::.1,-,;·, 8. SURVIVAL 9F/f~~'.~'E11:~e)'r'!ls" set fortll in this Addilional Advance Agreement, all of the terms, coven.ams, an.d COnditlons· 6f'lf!l~Uf lfie instruments referred to be~in shall n:main in full force and effect. Notwithstand~Dg!~y,yro'li"siolf~i~~ which mig.ht be construed to the contrary, thls Additional Advance Agreement s~l,n,fJQ::W,..iffeo&.-~he" V~!idity, priority, or t:lindillg effect of the Security Instrument. -::. ":~ ~-.0. r·:j ,,,·' 'J. 9. BINDING E~i·;:,-tji~'./.t&n~/ii.~~t shall inure to the benefit of and be binding upon the heirs. personal represcnfi:idv~S; ·suci:essors' and assigos of illder and Borrower. . . · 1;.••J•I· WASHINGTON FEDERAL SAVINGS Bye ~Lo~~ ECADY Title: SENIOR VICE PRESID1'NT BORROWER'S ACKNOWLEDGEMENT OF RECEIPT AND ACCEPTANCE The underaigned Borrower, and each of them. acknowledge receipt and aceept the tenns and conditions of the above stated Additional Advance Agreement. (Over fer nc:ary acknowledgements) (Pog~ .I of 4) L0171 WA I STATE OF COUNTY OF ) ss. } I cenify lhflt J know or ha\"e satisfai:tory evidence that [Name(s) of pcrson(s)] islan: 1he person(s) who appeared before me. and said person(s) acknowledged lhat (llc/shcfthC)'J° signed this instrument and acknowledged it 10 be (his/her/their) free Md ,·olumary act for the uses and purpos.es memioced in the instrument Oa1ed: -------- (Seal or S1amp) STATEOF /JOJ-k~ } COUNTY OF /,l._4{ ; ss lSignacun:) N01ary Public in and for the State or ______ _ =~iding at My conunission expires ------------ 1 cenify lhat I kn~ or han: satisfaciory c,·idence thal [Nan\e(s) of person(s)J is!are lhe person{s) who appeared before me-, and s.iid person(s} acknowledged I.ha! (he/she/they) signed this inSU"Wl'IClll, On Oath Slat1,.'fJet.lJa1 (~e.'sheftlley) \l,'35/WCt'e authorized 10 CXtclltC the iOSINmCO( and acknowledged ii as the ::.tl.J...-0~&,u'-L {T\"pe of i}tHhorjty. e.g .. Officer, Trustee) of /1 \.o.tlt9" '"'"Jv "1-ru.u-,....._, ;t,c<.... (Name of the Partr on Behalf of Whom tho;: Ins1rumen1 was Execu1ed) to be the free and \·oluniaJJ ace of sud1 pany for the uses and purposes mentioned in the instrument. 1'00'09!.00tZ90900o Not8J'\ P\l.bl1c m and lor th~ S1a1e of /.Jll.,Mtu,.a~ res1d1~g a1 /u.t(_.µt,1,t,"- My commission e:-:pir(.s __ ;_-_,_-_,_,, ______ _ SUZANNE SCHROEDER L0171WA ' Form No. 14 Subdivision Guarantee Issued by Guarantee No.: 4268-814684 DEVELOPMENT F'L~N,,JielG CITY OF RENT01! AUG O 4 2006 RECEIVED First American Title Insurance Company 3866 S 74th St, Tacoma/ WA 98409 Title Officer: Shari Workman Phone: (253)471-1234 FAX· .. ·: I·•·,.-·,,.·_,;.•_-,:;,.- Form No. 14 Subdivision Guarantee (+10-75) Guarantee No.: 4268·814684 Page No.: 1 LIABILITY FEE I n· A . I 1._,ust mer1can I Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 First American Ttl;le Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn-(253)471-1234 Fax - sworkman@firstam.com Vicky L. Willis (253)671-5834 vlwillis@flrstam.com SUBDIVISION GUARANTEE 1,000.00 ORDER NO.: 4268-814684 $ $ 350.00 TAX$ 30.80 YOUR REF.: Wedgewood Division 4 First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. -~U;;RANTEES Northward Properties herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. L1ABILI1Y EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: April 26, 2006 at 7:30 A.M. Form No. 14 Subdivision Guarantee (4·10·75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: KBS Development Corporation, a Washington corporation Guarantee No.: 4268-814684 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (induding those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are exduded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issua nee thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The North 15 feet of the West half of the Northeast quarter of the Southwest quarter of the Northeast quarter; Except the West 30 feet thereof deeded to King County for road; AND the North 315 feet of the East half of the Northeast quarter of the Southwest quarter of the Northeast quarter; All in Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. APN: 1023059092 Form No. 14 Subdivision Guarantee ( 4-10-75) RECORD MAffiRS: Guarantee No.: 4268·814684 Page No.; 3 1. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 1023059092 1st Half Amount Billed: $ 2,355.21 Amount Paid: $ 2,355.21 Amount Due: $ 0.00 Assessed Land Value: $ 346,000.00 Assessed Improvement Value: $ 45,000.00 2nd Half Amount Billed : $ 2,355.20 Amount Paid: $ 0.00 Amount Due: $ 2,355.20 Assessed land Value: $ 346,000.00 Assessed Improvement Value: $ 45,000.00 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recordinci Informatio~: KBS Development Corporation, a Washington corporation Washington Federal Savings Washington Services, Inc., a Washington corporation $930,000.00 November 18, 2005 ~n~0 11rnoo2050 Modification and/or amendment by instrument: Recording Information: 20051207002270 Modification and/or amendment by instrument: Recording Information: 20060223000546 3. · Right to enter the land to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line adjoining the land as granted in instrument recorded under Recording No. 3217536. 4: Easement, including terms and provisions contained therein: Recording Informabon: 3324545 In Favor of: Puget Sound Power & Light Company For: electric transmission and/or distribution line(s) •S, Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9408029001, recorded August 2, 1994, in, Washington. Pierce County 6. Matters that may be disclosed upon recordation of the final subdivision. INFORMATIONAL NOTES Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-814684 Page No.: 4 A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form No. 14 Subdivision Guarantee (4·10·75) Guarantee No.: 4268·814684 Page No.: 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no llablllty For loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings Oya public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. {c) (1) Unpatented mining daims; (2) reservations or exceptions 1n patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters exduded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided 1n Schedule A of this Guarantee, the Company assumes no liability fOf loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affeCTing the title to any property beyond the lines of the land expressly described In the description set forth in Schedule {A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result Jn no toss to the Assured; or {3) which do not result in the invalidity or potential lnvalJdity of any judicial or non-judlcial proceeding which is within the scope and purpose of the assurances provided, (c) The identity of any party shown or referred to in Schedule A. {d) The validity, legal effect or priority of any matter shown or referred to m this Guarantee. GUARANTEE CONDITIONS AND S1IPULATIONS 1. Definition of-Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) ~1and": the land described or referred to in Schedule {A) (C} or in Part 2, and improvements affixed thereto which by law constiMe real property. The term "land" does not indude any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest,. estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. {c) ftmortgage": mortgage, deed of trust, trust deed, or other security instrument. {d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notlce of matters relating to real property to purchasers for value and without knowledge. {e} "date": the effective date. 2. Notice of Claim to be Given by Assured CJaimant. An As.sured shall notify the Company promptly in writing in case knowledge shall come tO an Assured hereunder of any claim of title or interest which is adverse to the ttlc t0 t!""::! ?'.ttltt o; i;-:,f:t~:;t a:; !'t.lted hcr::'!i.,, .'.!r'ld v-:h!ch migt'!t r;i1 1s~ loss:; or damage mr ·...,,c,ich ttl: (',"'"!1.al1Y mcy 1~e !1at,ie r-y ·,111t1:e of tl":•c: -_,:1arantee. ir ~''· Tlp: rn::ace shall not be given to the Company, then all liability of th@ Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Co:11p..•:iy shall in no t.:"'9a p1.,Judice the rights of any As.sured under thiS Guarantee unless the Company shall be preJudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no du:y to defend or prosecute as set forth in Paragraph 3 above: {a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act whieh Jn its opinion may be necessary or desirable to establish the tiUe to the estate or interest as stated herein, or to establish the lien rights :Jf the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any prov1s1on of this Guarantee. If the Company shall exercise its rights under this paragrapn, it shall do so diligently. (b) If the Company elects to exercise its options as .stated in Paragraph 4(a) the Company shall have the right to select counsel of its chotce (subJect to the right of such Assured to object for reasonable cause) to represent the Assured ana shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. {d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act whicti in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the Failure of the Assured to furnish the required cooperation, the Company's obligatio11S to the Ac:.~u~ under tt,e Guarantee shall t~rrniriate 5. Proof of Loss or Damage. In addition to and after the ootices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or dan .-.1ge signed and sworn to by the Assured shall be fumished to the Compa,y within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any autholized representatl~ of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, au records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the Joss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its pemnssion, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. Alt information designated as confidential by the Assured provded to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third ;>arties as required 1n the above paragraph, unless prohibited by law or governmental regulation, shall tenninate any liability of the Company under thls Guarantee to the Assured for that claim. Form No. 1262 (Rev, 12/15/95) Form No. 14 Subdivision Guarantee {4-10-75) 6, Options to Pay or Otherwise Settle Claims: Termination of liabilfty, In case of a claim under this Guarantee, the Company shall have ~he following additiOnal options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or !n the name of the Assured any daim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the evem a~er notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligati:m to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. {b) To Pay or Otherwise Settle Wd:h Parties other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses irx:urred by the Assured daimant whlch were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, stiall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7, Determination and Extent of Liability. This Guarantee is a contract of Indemnity against ach.lal monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by ·;;:u:on -::?f rP.!i<.'l~c:: upi:>n t'Y.! ~Jranrpc; ~t forth in this G1 •arantee ar,'1 only to the ,:,.:;:;:,nt' r,e,~;>;:, lll:'SCr:t:'CO, ~,nr, <;J 1t1,lf!(.' Cr< CT'.' ~[.;~··;:t;,1!:., • ('JT·; 1 f:o:o Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by thiS Guarantee occurs, together with interest thereon; or (c) the difference between thE! value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. limitation of Liability', (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method,-"includtng litigation and the completion of any appeals therefrom, it shall have fully performed its obllgations with resoect to that matter and shall not be liable for any loss or damage caused thereby. {b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4268-814684 Page No.: 6 (cl The Company shall not be liable for loss or damage to any Assured for liability voluntanly assumed by the Assured in settling any daim or suit without the prior written consent of the Company. 9. Reduction of 1.labillty or Termination of Liability, AH payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10, Payment of Lass. (a) No payment shall be made without producing this Guarantee for endorsement of the payment uriess the Guarantee has been lost or destroyed, in which case proof of loss or destru:tion shall be furnished to the satisfaction of the Company. {b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant Toe Company shall be subrogated to and be entitled to ail rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shaA transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured In arry transaction or litigation involvin;i these rights or remedies. lf a payment on account of a daim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured a~er the Assured shall have recovered its principal, interest, and costs of collection. 12, Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or daim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is $1,C00,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,()()'),nnn shall h~-artiitr.=itf'ri only wtiP.n ~'Jr"'""rl l'O by hoth the Company and the AS!:>l!tt:1.l 1 ~ i,,,ui~ 111 :ri"=t.i. ~, e.1.,1~ u1 ,.3",..,.,,d11~, ,: :•!:aii :,,,: ..,,.,u:·., ,.,.,,.,1, ~Lt: ,,,.>,U':';:,, The award may include attorneys' fees only if the laws of the.state in which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) r,;ay be entt.n:.-1 ;,1 any court having jurtsd!ction thereof. The law of the situs of the !and shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Al'r/ claim of loss or damage, whether or not based on negligence, or any action assertirq such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall indude the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Fonn No. 1282 (Rev. 12/ lS/95) RETURN TO JONG S. PAIK 6519 DELRIDGE WAY SEATTLE, WA 98106 Aeterenc• # (If apphcabl•J Adc:htlon11 on P111 _ Gra"tnr(1J Ada1t1on1I on Page __ G,1nt1e{1) Add1t1on11 on P,.. __ Lqal DHCnPt1on AddltlOft411 Oh Page -- Aa.1110(1 Ta~ Pare.I ID# ----------- 11111111111111 200003 10 0666 OEV~LOPMENT PLANNING W~Fii ~. n, lo u ee ATY OF RENTON e31 11U111r:311 'A K?N eoUIITY, 1111 UG O 4 2006 SOUTHWEST E1742194 RECEIVED =l~l~ir:fv11ii£S Jrl .J::m n PAGE HI OF NI STATUTORY WARRANTY DEED PACIFIC NORTHWEST TJnE COMPANY MARK R, WORTINGER FILED BY PNWT GIGI C, RUSBOLDT JONG S, PAIK JAE H, LEE NW NE, 10-23-05 102305-9051-05 THE GAANTOR MARK R. WORTINGER, A SINGLE PERSON, AND GIGI C, RUSBOLDT, A SINGLE PERSON for and ,n can11dorotoon ol TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ,n hood P"cl. corwey, ond w•rr•n•• to JONG S, PAIK, A MARRIED MAN AS HIS SEPARATE ESTATE, AND JAE H. LEE, A MARRIED MAN AS HIS SEPARATE ESTATE th• faltown'lg daacnbed rHI 11ta11, 11tu•ted 1n the Cauntv of KINC , St1t1 of W11htngton The south half of the south half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, EXCEPT the west 30 feet thereof conveyed to King County for road purposes, by deed recorded under Recording Number 3 1 SUBJECT TO EXHIBIT "A" ATT ED ~HER~O. o .... ~--''2!::J:l!!'.Ull-,i;;=::::::::,...., r: / h, MARK R. C. RUSS~~:.~ ____________ ....,.._,,,,,,.,,-~·---------- u:, '° ,= = = = .- = = = <" STATE OF WASHINGTON c .. ntv of tM'<f I h•reb~ ce } ) II ) • NOTARY PAGE 1a the peraon l o •PIPHred befor• me, and 1~raon(1) •cknowl•daed that (he, 1h1. 1gned this 1n1tr1.1ment Ind actnowledpd 11: to be fhuz, h•r~frH and 1tolunttry act for the u1e1 and purpo1e1 m1nt1oned 111 th11 1r,1trum1nt Notary Pu~1c 1r1 and for the Stat, of WHh1ng1on OJA ex 1 Ex>JLDs Pnnt•d Name Re•rdrn~ at ~ I My 1ppo1ntmen~f?5([ij) I ••••••••••••••••••••••••••••••••••••••••••••••••••••••• STATE OF WASHINGTON ) County of -------- ) .. ) I hereby c1M1fy that I kn~w or h1111 1et11factory ev1d1nc.t1 th11 ------------------ ts the per1on(1J who 1pp11red before me, and said p11raon(1J ackng,wl1dgad that lh-. at,a. they) 11gn1d th11 1n1trumant. on oath atltad that ------------------------------ authorized to ax1;,yt1 th• 1n1trum1nt and acknowl1dga tt 11 tht ----------------- of ----------------------------to bt the fr'n 111d vo,unterv act of auQh party for th• UHi and putpo1e1 m•nt1oned in 1h11 instrument Dated _________________ _ Notary Pubt1c 1n and to, the State of WHh1n;ton J)t1nted Name Rea1d1na 1t ------------------ My eppo1ntman1 •xp1re1 ------------- ,.,..n,, . ....,.-~"'"'"·------------------------- I u:, u:, u:, = = = = = = C--0 EXHIBIT "A" ~he south half of the so~th half of the southeast quarter of the nor~h~est quarter of the ~ortheast quar~er of Section 10 1 Township 23 No~~h, Range 5 East, WM , 1r. K1ng C~unty, Washington, E:XCEPT the west 30 feet chereof conveyed to King County fo?:" road purpcses, by deed recorded ~nder Record-~g Number 3261892 ENC Of SCHEDULE A -,------------~ - = = = "' • 11 r.J.. /I le,.) Right Lo enter sa1d premises to make repairs and the right to cut brush and trees which constitute a menace or danger to the eli,ctr1r trc::1nsm.1ss1.on line lo2ated in the streP.t or rodd adJ01n1ng '5d.ld premises as granted by 1nstrument recorded under Recording Number 3l2D9'!D FJ\\E:ME.NT ANP THE TERMS AND CONDITIONS RE:fE:RENCED THERt!N, lNC'LUOIN(,, RllT NOT LIMITED TC, ;'HS FOLLOWING GRANTEE l'tlH!'U',~ AKEA AffECTED Snoqualmie Falls and White River Power Company, a corporat1Gn '!'fl ... de5-r r1pt1on C"Or:tdlned U1ere1n 1:=, not sufftc1ent to det Prm1n1 11 , -....,n l locatiun wu t1i n r.he property here.in descr1.bed I>!, OlW.",[1 I~ I r UHi: f NG NUMBl:..R ,Ju J y l l , J tH) 1) 34 7 194 [ N"iE1"!LN1' AND 1'HE T'ERMS AND CONDIT!ONS RI::VERF.NCf.D THEREIN, lNC'L!/l)INI,, li!l'J' NOT LIMITED TO, T'H[ POLLOWING Gl~ANTE[ PURPOSE AREA AFFECTED kfr.ORDED RlrDRDING NUMBER King County Water District Water and sewer mains Southerly portion of said premises May 15, 1970 6650869 HI c;H1 TO MAKE NECE::<::SARY SLOPES FOR CUTS OR FILLS UPON PROP~.R'J''J. HI JU.IN rlESCR!Bl:.D AS :;RAN'TED !N DEE'.O Hf.C"ORDED H!rORDING NUMBER C,l~ANTEE September 1, 1942 3261892 King County •l'!TIIT'J"l"');i'l'lll'f,_ ... , _________________________ _ - ...... <O = = = = RETURN TO JONG S, PAIK 6519 DELRIDGE WAY SW SEATTLE WA 98106 Ill E1742197 'Jijl~ 11:11 :,a TV, ft II PIIGI. H1 OF HI QUIT CLAIM DEED ~ l'ACIPIC NolmlWl!sT Trru! PACIFIC NORTHWEST TITLE COMPANY Rat,,.nce # Ill opphcebll) Adchtto1tal on Pa.. __ Grarttorf1I Add1tlon1I on P•1• __ Grantn(1>· Addrt1anal on Page __ Le1111I D•1enpt1on Md1t1on•' on P•1• __ AI .... Or'I To: Pllra.l JD# YUN SOON PAIK Ell f P BY PNWT JONG S, PAIK NW NE, 10-23-05 102305-9051-05 THEOIIANTORYUN SOON PAIK, WIFE OF JONG s. PAIK tor end ,n oono,d111t,on ol TO ESTABL I SB SEPARATE PROPERTY, WAC 458-61-340(1) convov• and qu,t cl1im110 JONG S, PAIK, A MARRIED MAN, AS HIS SEPARATE ESTATE th• tollaw1ng deacnbed real Htat .. 11tuat•d 1n the County of KING to11th•r with all after aoquir,d title of th• grantor(al therein SEE EXHIBIT "A" ATTACHED HERETO Dotod __,,J..,_~-'-") 6'---, C0-'---- 1?.:;f , State of WHh1ngton ----------------··,--··-. -·--------------- ..... u:, <O = = = ST,ITE OF WASHINGTON ) County of __ ..,Kc,.1,.,·n.,,g._ __ ) .. ) NOTARY PAGE I Mraby c•rttfy tha1 I know or h1vti nt11factorv e'lidance that Yun Soon Paik --------------- 11 th• Pff90nl•t who •PPt-tr•d befare me, end Hid per1onC•) acknowledged that (ht, ah .. they) .. ,nad thJS tn1tr1.rm•nt and •cknowl11d1ed 1t to ba (h1a, h•r. 1he,r) free and voluntary act for the UHi •M purpOHI ment1on•d 1n th11 1n1tn.iman1 Cb ri s Kolash Pr,ntecl N•m• Auburn RHtehr.g at -------.,,.,....,,..,.,,,n-rr----My appo1r1tmeftt axptrH ___ s_1_2_s_1_2_u_u_u ____ _ ...... , ... ,,\\\\ .-·· \C.0' ~ ,,, -Ci· ""'l.!'1' ,, --~--y.i.-_l!,,.--Y ,, .:-_ ...... ~ . ..,,.. '•,, ,, --. ,~ ' , : f8 .it-II•~ \ ~ I ~--i #' . JR ,. -- ... ·~ ! -t'\ -.., tfi '\fl, .. : :: . ·,~-•,-:.,•' .k.: • >-'""~"-Ill" -' 0 -·w11 .-.-- •••••••••••••• * •••••••••••••••••••••••••••••••••••••• STATE OF WASHINGTON ) Cau"ty of-------- ) .. ) j hereby certify that I lcnow or have Hhef1ctory evidence that ------------------ ,a th, p1raon(•> who aps,Hred b•fal'II m&. and HUS p•r•onl•> 1cknowladgad th•t (hi, •h•, thay) s19nad thr• 1nnrumtn\ ori oath 1111N that -----------,,----------------- •.,.thor,red ,o PNUtt the 1n1trument and uknowt•dDI 1t n the--------,-.--;----;--;--,=:-- of -:-------,----,--------:--::---:----::--to b1 th• frH and voluntary act of 1uch party fo..-the \MIii and J)ur'poHt menhonN 1n th1e 1n,tr1.1ment Ootod ________________ _ Notary Publtc ,n 1nd for the Stat• of w .. h1ng1on P,.1nt•d NanM Rn1d1"1 at------------------ My 1ppo1ntm•nt expir11 ------------ I ,_ u:, u:, c::, = = = = = "' EXHIBIT II A 11 The south half of the south half of the southeast quarter of the northwest quarter of the nor~heast quarter of Section 10, Townsh1p 23 North, Range 5 Eas~, W.M, in King County! Washington, EXC~PT the west 30 Eeet the:eof conveyed to King County for road purposes. by deed recorded U"".der Reco-rd.-ng Number 326H!92 ENO Of SCHEDULE A RETURIII TO JAE B, LEE 1822 FIELD PLACE NE REJl'l'ON WA 98055 E1742198 :1 1(219111·1, CCU/TY' Jle 11·11 QUIT CLAIM DEED PIIGE .. IOFltl PACIFIC NORTHWEST TITLE COMPANY Rtf1Nnce # Cit •PPl1cable} Add1Uonal on P•1• __ Grantor(1) Adchtional on Paga __ GrtlltHlaJ .Add111onal on Page _ L.ap1 0.1<1r1p1lon Add11aonal on Page __ A111nor'1 Tu flarc11 ID# ELIZABETH S, LEE FIL.ED BY PNWT JAE H, LEE NW NE, 10-23-05 102305-9051-05 THlGRAIIITORELIZABETH s. LEE, WIFE OF JAE B, LEE for and ,n con.,darat,on 01 TO ESTABLISH SEPARATE PROPERT¥, WAC 458-61-340(1) canveva and qurt olo1m110 JAE B, LEE, A MARRIED MAN, AS HIS SEPARATE ESTATE the foltow1na d•Mmbed reel ntete, 111uat•d in th County of KING togathat w,th all after 1oq1,ored title of tha 9,anto,(11 th1rw1n SEE EXHIBIT nA" ATTACHED HERETO Doted _ .......... J.,_,_..}Q=-...,.CX).....,_ __ ----~~ ~ ~lilf!~,4/!is=-, -=L.-,E""E,.....:;=------ , Stat• of WHh 1ngton CX) <..O = = = = ~ = = STATE OF WASHINGTON ) Coumy of __ K_i_n""g'----- ) II ) NOTARY PAGE I hereby c•ntfy that t know or have Ht1afaetory evidence th1t ------------------Elizabeth S. Lee 11 the person(tJ who •PP••r•d before me, end Hid pe,.on(1) acknowledglld 1h11 (M, M'l1. theyJ 1Mtned 0111 1n1trument and acknowiedged 1t to be {h,e, her, th11r) free end val1.1nt1rv act for the UHi end purpDHI mentioned rn th•• instrument Ootod __ 3...c/_2_0.;./_00 _________ _ Natll'y Pubhc In and for the Stat• of WHh1ngton Chris Kolash Pnnted Nam• Re1ldlng •• _.:A.:.u:cb:c.:.u_r_n_,,..,,..,..,..,,..,""'r----- Mv •ppointment u:p1rH __ G_/2_5_)_2_0_0_0 _____ _ ................... ~-~-~-~-~-"-""'*''*'"""~.,..,.. ........ ~=~=~-~·""""""""'*"' ....... STATE OF WASHINGTON County of-------- ) ) .. } ~ I hereby oertrfy that I know or have Ht1sf11etory evidence that ------------------ 11 the p1rson(1) who appeared before me, end 11:11d peraonl1) 1aknowledgad that lhe, 1M, they) 11gn9d th11 1natrum1n1. on oath 1tat•d that ------------------------------ authorized to execute the-1n1trument •nd acknowladge 11 •• the -------------,---- of------------------------------to be 1h• free encl voluntary ac:1 of 1uoh P•rtv for the u,e, •nd pur~o•H m•nt1onad 1n thra ,n,trument Dated _________________ _ Ncttny Pubhci in ,nd for the State of W11h1ngton Pnntlld Name Rti11d1n9 11 ------------------ My 1ppo,ntm1nt u.p1r111 ------------- = u:, = = = = EXHIBIT "A" The sou:h half of the south half ot the southeast quarter of the northwes~ quarter of t:1e northeast quarter of Section 10, Township 23 North, Range 5 East, WM, in King County, Wash1ngton, EXCEPT the west 30 feet thereof conveyed to K1ng County for road purposes, by deed recorded under Record-~g Number 3261892 END OF SCHEOIJLE A o..n = c:::, . ' Return Address: Renton Collections Inc. Po Box 272 Renton, Wa 98057 Please prmt or 1y e r, p m onna ion WASHINGTON STATE RECORDER'S C over s beet (RCW 65 04) Document Title(s) (or transac!Ions contamed therem) (all areas apphcable to your documcnr m11st be filled m) I Nonce ofRecordat1on 2 3 4 Reference Number(s) of Documents assigned or released: Additional reference #'son page ___ of docwnent Grautor(s) (Last name, first name, m1tials) I Renton Collections Inc (crednor) 2 Add1t1onal names on page ___ of document Grantee(s) (Last name first, then first name and m1oals) 1 Lee,Sun W 2 Lee1 Jae Add1t1onal names on page ___ of document Legal description (abbreviated 1 e 104 block, plat or section, township, range) - Addmonal legal 1s on page __ of document Assessor's Property Tax Parcel/Account Number D Assessor Tax# not yet asstgned Parcel # 413944-0430 Tbe Auditor/Recorder will rely on the 1nformat1on provided on the form Tbe staff will not read the document to venfy the accuracv or comnleteness of the mdexm2 mformatton orov1ded berem -----------------·'"'"-·"·----------------·-·-··-.. - ' IN THE SUPERIOR COURT OF THE STATE OF THE STATE OF WASHINGTON COUNTY OF KING RENTON COLLECTIONS, INC Plamtiff, -vs- SUN W LEE mruv1dually and, JAE LEE her husband mdlVldually and the manta! cornrnumty compnsed thereof, Defendant(s) ) ) ) ) ) ) ) ) ) NO 02-2-23450-0SEA NOTICE OF RECORDAT!ON OF JUDGMENT PURSUANT TO RCW612 l05 PLEASE TAKE NOTICE THAT ON THE 17TH DAY OF MAY 2002 THE ABOVE-NAMED PLAINTIFF SECURED JUDGMENT IN THE TOT AL SUM OF $1541 87 AGAINST SUN W & JAE LEE IN THE KING COUNTY DISTRICT COURT STATE OF WASHINGTON BELLEVUE DIVISION ON THE 8TH DAY OF AUGUST 2002 THE ABOVE-NAMED PLAINTIFF TRANSCRIBED SAID JUDGMENT TO THE KING COUNTY SUPERIOR COURT, STATE OF WASHINGTON, UNDER THE ABOVE-ENTITLED CAUSE NUMBER, CAUSING SAID JUDGMENT TO BECOME A JUDGMENT OF RECORD IN THE KING COUNTY SUPERIOR COURT DATED October 8, 2002 AGENT FOR PLAINTf "~Zi..?: ., .1 I d.:,.1 /,,,~ • l -.:.!:~_,...,, 823 .. 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'MII~ ,, l\GR)lEH!:!JT': \ii~~~~ ~~ia /: '3 A '.<lay '. o 1. ___ ..c.ii.:,.... ___ _ by rin4,b~i~O~n 'fi£N'8'i'.uso i · harcif1f1(tcr cnlled 0 Grontora•, n.nd King County tinter pisl;ric-t 1~90. a municipnl'. .c;orpo.ro.tio.1, ?f King county, waahington, hcrriin,1ftcr co.llt!d "Cf.On tC!D. " WITN£SSE'!'l1i Th.:it ~u.itl Grilntor(s), for valuilhle considcr.1tion, do{1:e;:) by these prcccn.t~ grunt, bnrg.i in, ~ell, convey, and C".'ln r i rm unto th,· .,:;a id G.r.:intQ:C, . .itn sucr:c:oisoro;, or aDsigns, a right-of-w.:>.y or aornL.:r:icnt (or watcr-*'::irli?t sc\1Cr tnQins with nccosso.ry appurtananccs ovct"; throL1gh, ..-~ _.., ncross nnd upon the following Jescribad property sit ua.tccl in King County, \'1zishin9ton, pil.rticularly described a:.1 foll°""s: That port.ion of the North 15' of the s..-,~.th .lO' of the .E::ast 1/2 of tho ~outh l/2 of the South 1/2 of the NW 1;4 of the NE l/4 of Section 10, Tovnsni Ran']e 5 £&st, W.K.·, lyinq £a11terly of 142nd. Ave. s. E. rary construction ei1uement described a.s that po~- the E~st 1/2 of the South 1/2 Of the South 1/2 of of •aid Section 10, lying Easterly <:,( 142nd Avenue Said temporary construction aa~cmcnt shall ~e~ain in force Uurinn con- UCtion an.! until such time as the said utiliti1..s have bcr:.n l\r:ccpteJ for c operation ancJ maintonance by Kinq county w.ucr uistrict r;o. qo, l.i\•t not later th.in Julv i l 911 . -> nacord Ownar: llonry Uro l1620 -142nd Ave. S~ f· Renton, i,•,1shinqti;...i ,, ~ascmcn~ No. 10-23-5-4 .,J,.1 . ..-, J, :· ·. ! . ,; :,Jt:i-i) .· .i ; ;;. ; : : 1 w~ ~~~1(1~~illtllt~,,~~i~ijt.,f \?ii l)M iJ !!if .( . :i.-1 Ii :•.J-h•,, '·.ii ·: i' ',•' • I , '• .f j·,. ; 1.t ti.if; p···11 t~L~.'71 .. f ;1,1·. .ii :·•·r·,· . I' ! ' i i --------------~·-···----------~~·a~~ '-! ,,,· )·1_J. ,,,. ,.,.,,.,.Mt;" ~IU. #'ti I' .,..., ti. r ,,,-.,. That •a'ld Oran~ •hail'. of eny auit. or Proceed:t.1191.•t law, 11t time• •• aay be nec••••ry, to r~ter upon ·•aid propet"ty _fbr-th• purr,o•• of Clkl•twuctin9, repairing, A;ltorin9, ·Qr ·reco~il,f!ruictl·nt., 1•11i"d ;Water ·or sewer Main, or mating .any COn1,<'e Uonl 't!her.viith, ~lbtfDut inc:urrin9 any leg•l obligation. or l Ln · lJili.ty therefort provid.d that 1ueh conatruct.1n9,_ ror,airin9,_ &J.tering, o.r rr.conuructin'J. o[ •abl, W.ter or .s .... r Main •hlill br acaoapli•hed i,1 ,u1ch a .~h"":' ,t!J,at tha ~r,iv~te .~llprovements ·••:ictin:g in· thi• rl~ht-of-war. lhal·l···not bo"tiatur~ or .cleotroyed, •br n tho 11vent t·hc\· ~ta di1tUr'bc.~ t1r d.e1ttt'oyed,' ,:f:hey wtll be r_ep'l'acc, tn ,al .;iood a cc nnJ tion ·11 they wcr• inancdi.ate:ly ~tori! the pr_Op'-!rty w,1111 enterc·d upc.r. l·)' -t~e. Cra.ntce, · thci G·rar.tor ,;hall rot.ain the r'iqht to u11e the surf:·H~·e of said ,•,1r.u·.1)nl, so lr.,ng Q!; •n.id UF,· dc,('g r,ot jnt,:-rf('rt' "'ith th<' instrtlla- tion .-,1:d rr.,1int,~11,1r,CC' of the Water 01" Sc1,,1C'r t'.nin .i.nd i-:c lnng a~ nu i~ .. t'T't"r •u. 1,l li\lih!.ing!: or structurvs arc orccl1.•d c..11 .s•.1d ,•.:11;t•rncnt. 'l'hu: Q.Jitil•mer.t ah&ll be • covenant n.rnnin9 ·Shill] he landinQ' on t.ht:i a\lCCeaanra, heir•, and p,i,;·t 11 :, liCrt'\tO,. f;T,\. · ,T 1,;,\:;11··; .. :·tiJ;t } ss t.:INc; with tin~ l.>.nd ancl 111aign:; nf bot.t, !L·>~ ..._ ____ _ ' ' ' (( , Lilt' u;;u,'r~.1.c;ncd, a not.ir~· )'Ubl i i,l.:,~ for t~·,l· ·',J1;1 h,•rr·i·y certi!y t.HJ.~ n:: t!Hs (.?-d,1j' r:f __ :~··~"~"-- i:t.,tc• of , .,~,-.•;e,11.1 l lj' appcnrcd !,,:!,in· ne __ .:...,:_~--'---------- ( . ' I • •·,'"I ' ~ ~. •~,..,.q . '/ 19 / 1• oJ · ,rl >7'/. •. • ...;/-,-. f 10•:·o, J LOO:•·, ------~=<-·=--------- ,o,•.• .771':iJ ~-. ~ ~ 1 t------------....L.-------.L-'"'!!!!:,...,..~'~"""2!!"""""""'~~!!....-L-.!:!!2!~~~:!9:;!!....--J. "! .. ··: '$ ~· ;:: "' s ~ ' i i~ c<~ ~h <r"'1'S On" fi~} 3 .N.l'J.00 N .. , '' • r • ; I -· c:> .... c::, Refum Address. City Clerk's Office City of Renton 1055 S, Grady Way ll(llffflll :f7i. te~IIINT=l COllD IS te Renton WA 98055 Kl~ 12 IS 4.11 ·~ CO\llj V, 1JA Please print or typo infonna!Jon Document Title(,): ORDINANCE NO. 4918; Lee Annexation (A-00-002) RoCereaee Numbcr(s) of Documents assigned or released: [on pagc __ ofdocumenl(s)J Graolor(s) (Last name first, then first name and Initials) !. City of Renton 2 3. 4. [J Additional names on page __ of document Grantee(•) (Lasl name first, then first name and irutials) l Lee Annexation 2 3 4 0 Add11Jonal names on poge __ of document Legal Description (abbreviated i e lo~ block, plat or section, township, range) That portion of the Northeast Quarter of Section 10, Tolitlship 23 North, Range 5 East, W.H., 1n Klng County, Washington described as follows: Beginning at the intersection of the easterly right-of-way line of Hoquiam Avenue NE (142nd Ave. SE), ... !!ll Additional legal 1s on pago_4_of docurner.t Assessor's Proptrty Tu Parcel/Account Number: 102305906004, 102305906087 .•. Wt Add1ticnal legal Is en pagc __ of documenl The Auditor/Recorder wlU rely on the lllfonnallon provided on the fonn The staff will nol read the document to venf'v the accuracy or comoleteness of the lndexin• lllfonnation ~rovidcd hcrc!n -· = ~ = CITY OF RENTON, WASHINGTON ORDINANCENO 4918 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (LEE ANNEXATION; FILE NO A-00-002) WHEREAS, under the provtStons of RCW 35A 14 120 as amended, a pctrt10n m wntmg requestmg that certam temtory contiguous to the Crty of Renton, as descnbed below, be annexed to the City of Renton, was presented and filed with the Crty Clerk on or about October 19, 2000, and WHEREAS, pnor to the filing and circulation of said pet1hon fur annexation to the Crty of Renton, the petitioning owners notified the Crty Council of their mtenllon to commence such proceedulgs as provided by law, as more particularly specified m RCW 35A 14 120, and upon public heanng thereon, it havmg been determll!ed and the petrtmning owners havmg agreed to asswne the pre-exist mg bonded indebtedness of the City of Renton as rt pert ams to the territory pebt10ned to be annexed, and to accept that portwn of the Crty's Comprebenstve Plan as 1! pertams to the territory mcluding the apphcable Zowng Code relating thereto, and WHEREAS, the Kmg County Department of Assessments has exammed and verified the signatures on the pel!t10n for annexation and determmed the assessed valuation of all the properties, the same bemg m excess of sooy percent (60"~) of the area to be annexed, Ill value, as provided by law, and the pet1t1on also settmg forth the legal description of the property accordmg to government iegal subd1vis10n or plat, and the Economic Development, N e,ghborhoods and Strategic Planning Department of the City of Renton havmg considered and recommended the armexing of saxl property to the City of~lt'flfl! ~TE 1 I, the undersigned City Clerk of the City ofRenlOII, Washington, certify that this is a true and correct copy of .x.::z..:...:L:ir.LL_,,,.-,-__,Subscribed y of l)e-r. , 20 "I = --= = ORDINANCENO. 4918 WHEREAS, the City Council fixed April 23, 2001, as the time and place fur public beariog in thi:; City ColDlCiI Chambers, City Hall, Renton, Washington, \!POil the petitioa and aotice thereof having been given as provided by law; and WHEREAS, pum,ant to saw notices public hearings ~ been held at the time aad place specified In the notices, and the Council having comidcred all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County BouDdary Review Boero having deemed the "Notice of lntCDlion" approvcd 1111 ofJuly 16, 2001; NOW, THEREFORE, THE CITY COUNCIL OF IBE CITY OF RENTON, W ASlllNGTON, DO ORDAIN AS FOLLOWS: $CTJONL true and oon-ect in all respects. All n,quirmnents of the law in ,cgard to the ~n by petition method, including the provisions ofRCW 35Al4.120, 130, 140 and 150, have been met. It is further detcunined that the petition for •miexation to the City of Renton of the property and tc,mtory dCfcribed below is hereby i,pprow:I and~ the ibllowing dcscribcd property being contiguous to the City limits of the City of Renton is hereby mmexed to the City of Renton, and such annexation to be effective on and dtor the approval, passage, and publication of this Ordimwce; and on and a1lcr said date the property sbal1 constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in ibrcc and effect; the property being described as fullows: 2 --...... ..., ""' = = ...,. c::, -= ORDINANCE NO ~ Sec Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [Said property., approximately 12 acres, is loca~ east of Hoquiam Ave. NE, north ofNE 9"' St. ('If extended) and west of 144 Ave. SE (if extended)] and the owners-petitioners of the property sball asmune the pre-existing bonded indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property to be subject to the City's Comprehensive Plan and Zoning Code. SECTIONll. This Ordinance shall be ctrective upon its passage, approval, and five days after its publication. A certified copy of this Ordinance shall be filed with the King County CoUllCII, State of Washington, end as otherwise provided by law. PASSEDBYTHECITYCOUNCILthis 15th dayof October , 2001. APPROVED BY THE MAYOR this 15th day of __ ...co::..:c:..::t:.:ao.::cb"'era._ _ __, 2001. Date ofPublication: 10/19/2001 (Summary) ORD.931:9/12/01:ma 3 ~~·•· Jt,,,,r ./ Je llllllCr,Mayor --------------·----------------------- r.;, ORDINANCE NO. 4918 EXHIBIT A LEE ANNEXATION LEGAL DE'SCRIPTION That portion of the Northeast Quarter of Section 10, Townslup 23 North, Range S East, WM, m Ktng County, Washington descnbed as follows BEGINNING at the mtersecuon of lhe easterly ngbt-of-way lme of Hoqwam Avenue NE.(142nd Ave SE), and the north hne of the south half of the south half of the southeast quarter of the northwest quarter of said northeast quarter, bemg a pomt on the Qty Limits of Renton as annexed by Ordmance 4819, thence easterly along said no!th line to an intersec11on Wlth the easterly lino of west half of said northeast quarter, Thence southerly along said east lme, to an mterscction wllh the south !me of the no!theast quarter of the southwest quarter of said northeast quarter, Thence westerly along said south hne, to an intersection with said easterly nght-of-way hne of Hoquwn Avenue NE and the City Lmuts of Renton as annexed by Ordinance 4215, Thence northerly along said easterly nght-of-way line of Hoqwam Avenue NE and said Qty Limits, to the Pomt of Begmnmg ------------------···------------ tL - tr 0 w z: Cl.) > <( --0 - NE 1 )Tf I\ I St Lee Annexation Exhibit A . oRDINANce ND. 491e T I]~ ~-'~ I I ' i <( 0\ ..c -' ;+;:::: ,__ I \ ' n , ~ 11 -<th ,__ '-I • I 400 800 1. 4,800 , , 1 I I ,( ,/ I • \ I ' I I / ,-/ r----,,-,--f---------1 Annexation boundary -----Enltmg Renton city lnruls e Economic O.velopment, Nt119!'1borhoad,i &: P111nnmg Su, Corhlon, Admlnt1-tnrtor c o..,nlRl'I 4 Octob.-2001 = = PROPERTIES WITHIN THE LEE ANNEXATION Properly Idenllflcalion Number 102305906004 102305906087 102305909206 102305940102 10230590930S 102305905105 i 6 ------------------------··· J AS.4&4 .. '"' , ... - '.,.;i ... ;•··· '"°""'°"°'"'K" l'tY»l,•10l (lftj)"""' ,n..i;noc, !'lwwu_, ; r>pa tPJ . .p:.J.)~ • #I . ' • } I WEDGEWOOD LANE DIV. 4AND 5 FINAL PLAT 05156 Plat Map Checks 8/1/06 GXS Core Design, Inc. 14 711 NE 29th Place Suite 101 Bellevue, WA 98007 DEVEL0Pr1ENT PLANNING f":!TY OF RENTOM AUG O 4 2006 RECEIVED Lot Report 6/6/06 08:45 Lot File: P:\2005\05156\Carlson\Lot Files\DIV4&5 MAPCHECKS.lot CRD File, LOT 1 PNT# 10073 P:\2005\05156\Carlson\05156.crd OF BLOCK DIV4, TYPE: LOT BEARING 10054 N 00°06 1 34 11 E 10075 S 88°16 1 10 11 E 10074 s 00°06 1 49 11 w 10073 DISTANCE NORTHING 50. 03 100.04 50.04 100.04 184839.32 184840.83 184940.87 184939.36 184839.32 EASTING 1674911. 50 1674861.49 1674861.68 1674911.70 1674911. 50 Closure Error Distance> 0.0027 Error Bearing> N 93°57 1 37 11 W Closure Precision> 1 in 109725.2 Total Distance> 300.16 LOT AREA: 5004 SQ FT OR 0.1149 ACRES STATION 0.00 50.03 150.07 200.12 300.16 Lot Report 8/1/06 08: 43 Lot File: P:\2005\05156\Carlson\Lot Files\DIV4&5 MAPCHECKS2.lot CRD File> LOT 2 PNT# 10082 P:\2005\05156\Carlson\OLD 05156.CRD OF BLOCK DIV4, TYPE: LOT BEARING DISTANCE NORTHING 3120 10074 10083 10082 N 00°06'49'1 E s 88°16'10 11 E s 00°06'49 11 w 65.37 100.04 65.37 100.04 Closure Error Distance> 0.0000 Total Distance> 330.82 184837.34 184839.32 184939.36 184937.38 184837.34 LOT AREA: 6537 SQ FT OR 0.1501 ACRES EASTING 1674976. 84 1674911. 50 1674911. 70 1674977.04 1674976.84 LOT 3 OF BLOCK DIV4, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10044 184711.72 1674921. 24 0.00 s 83°54 1 15 11 w 10.05 10052 184710.65 1674911.25 10.05 s 78°44 1 19 11 w 51.01 10053 184700.69 1674861.22 61.06 N 00°06 1 34 11 E 140. 14 10054 184840.83 1674861.49 2 01. 2 o s 88°16 1 10 11 E 60.02 10055 184839.01 1674921.49 261. 22 s QQ 0 Q6 1 34 11 w 127.30 10044 184711.72 1674921.24 388.52 Closure Error Distance> o. 0041 Error Bearing> N 71°22 1 44 11 E Closure Precision> 1 in 94385.0 Total Distance> 388.52 LOT AREA, 8000 SQ FT OR 0.1837 ACRES LOT 4 OF BLOCK DIV4, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING 3113 184716. 08 1674981.25 s 89°45 1 26 11 w 20.00 3114 184 715. 99 1674961.26 s 9305411511 w 40.24 3115 184711. 72 1674921.24 N QQ 0 Q6'34 11 E 127.30 3121 184839.01 1674921.49 s 88°16'10 11 E 60.02 10084 184837.20 1674981.48 s QQOQ6'34 11 w 121.13 3113 184716.08 1674981. 25 Closure Error Distance> 0.0079 Error Bearing> N 86°33'04 11 E Closure Precision> 1 in 46703.6 Total Distance> 368.68 LOT AREA: 7412 SQ FT OR 0.1701 ACRES LOT 5 OF BLOCK DIV4, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING 3108 184771.81 1675059.26 s 28°42 1 42 11 w 10.39 3109 184762.70 1675054.27 s 04°42'57 11 w 10.39 3110 184752.34 1675053.41 s 07°16'56 11 E 15.80 3111 184736.67 1675055.42 s 65°08 1 12 11 w 48.67 3112 184716. 20 1675011. 26 s 89°45 '26 11 w 30.01 3113 184716.08 1674981.25 N 00°06'34 11 E 121.13 10084 184837.20 1674981.48 s 88°16'10 11 E 60.02 3126 184835.39 1675041. 48 s 00°06'34 11 w 48.20 3125 184787.19 1675041.39 s 49°17'25" E 23.58 3108 184 771. 81 1675059.26 Closure Error Distance> 0.0089 Error Bearing> s 36°48 1 41'1 E Closure Precision> 1 in 41169.3 Total Distance> 368.19 LOT AREA: 7658 SQ FT OR 0.1758 ACRES LOT 6 OF BLOCK DIV4, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10046 184784.29 1675142.18 0.00 s 80°20 1 30 11 w 42.73 10047 184777.12 1675100.05 42.73 N 80°15 1 44" w 17.87 10048 184780.15 1675082.44 60.60 s 84°58 1 50 11 w 12. 74 10049 184779.03 1675069.75 73.33 s 55°28 1 00 11 w 12. 74 10034 184771.81 1675059.26 86.07 N 4901712511 w 23.58 10042 184787.19 1675041.39 109.65 N 00°06'34 11 E 50.15 10050 184837.34 1675041.48 159. 80 s 88°16'10" E 100.82 10051 184834.29 1675142.26 260.62 s 00°05'48 11 w 50.00 10046 184784.29 1675142.18 310.62 Closure Error Distance> 0. 0120 Error Bearing> s 82°19 1 52 11 E Closure Precision> 1 in 25821.9 Total Distance> 310.62 LOT AREA: 5682 SQ FT OR 0 .1304 ACRES LOT 7 OF BLOCK DIV4, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING 3126 184835.39 1675041.48 N 88°16 1 10 11 w 64.67 10082 184837.34 1674976.84 N 00°06 1 49 11 E 100.04 10083 184937.38 1674977.04 s 88°16' 10'1 E 64.64 10076 184935.43 1675041.65 s 00°05'48 11 w 98.09 3127 184837.34 1675041.48 Closure Error Distance> 0.0012 Error Bearing> s 44°26'01 11 E Closure Precision> 1 in 275910. 2 Total Distance> 329.39 LOT AREA: 6466 SQ FT OR 0.1484 ACRES LOT 8 OF BLOCK DIV4, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10077 184835.80 1675092. 26 0.00 N 88°16'10" w 50.80 10050 184837.34 1675041.48 50.80 N 00°06'34 11 E 98.09 10081 184935.43 1675041. 67 148.89 s 88°16'10 11 E 50.78 10078 184933.90 1675092.43 199.67 s 00°05'48 11 w 98.09 10077 184835.80 1675092.26 297.77 Closure Error Distance> 0.0020 Error Bearing> s 7301911611 w Closure Precision> 1 in 151356.3 Total Distance> 297.77 LOT AREA, 4980 SQ FT OR 0.1143 ACRES LOT 9 OF BLOCK DIV4, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10051 184834.29 1675142.26 0.00 N 88°16 1 10 11 w 50.02 10077 184835.80 1675092.26 50.02 N 00°05 1 48 11 E 98.09 10078 184933.90 1675092.43 148.11 s 88°16 1 10 11 E 50.02 10060 184932.38 1675142.43 198. 13 s 00°05 1 48 11 w 98.09 10051 184834.29 1675142.26 296.23 Closure Error Distance> 0.0000 Total Distance> 2 96. 23 LOT AREA: 4905 SQ FT OR 0.1126 ACRES LOT 10 OF BLOCK DIV4, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10056 184768.77 1675192.15 0.00 s 82°14'41 11 w 18 .46 10057 184766.28 1675173.86 18.46 N 43°39'40" w 14.55 10058 184776.81 1675163.82 33.01 N 57°17 1 20 11 w 11. 78 10059 184783.17 1675153.90 44.79 N 84°32'40" w 11. 78 10046 184784.29 1675142.18 56.57 N 00°05'48" E 148.09 10060 184932.38 1675142. 43 204.66 s 88°16 1 10 11 E 50.02 10061 184930.87 1675192.42 254.68 s 00°05 1 48 11 w 162 .11 10056 184768.77 1675192.15 416.79 Closure Error Distance> 0.0097 Error Bearing> N 07°12'18n E Closure Precision> 1 in 42763.3 Total Distance> 416.79 LOT AREA, 7851 SQ FT OR 0.1802 ACRES LOT BOUNDARYDIV4 OF BLOCK DIV4, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10062 184636.75 1675191.93 0.00 N 88°16'10 1' w 33 0. 96 10063 184646.75 1674861.12 330.96 N QQOQ6•3411 E 300.12 10079 184946.87 1674861.69 631.08 N 9901611011 w 300.88 10080 184955. 96 1674560.95 931. 96 N 00°07 1 20 11 E 15.01 10033 184970. 96 1674560.98 946. 97 s 88°16 1 10 11 E 631. 77 10032 184951. 88 1675192.46 1578.73 s 00°05 1 48 11 w 315.13 10062 184636.75 1675191. 93 1893.86 Closure Error Distance> 0.0067 Error Bearing> S 70°11 '29 11 E Closure Precision> 1 in 281143. 2 Total Distance> 1893.86 LOT AREA: 108754 SQ FT OR 2.4967 ACRES LOT ROW OF BLOCK DIV4, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10061 184930.87 1675192 .42 0.00 N 9901611011 w 330.89 10075 184940.87 1674861.68 330.89 N 00°06 1 34 11 E 6.00 10079 184946.87 1674861.69 336.89 N 88°16 1 10 11 w 300.88 10080 184955. 96 1674560.95 637.77 N 00°07 1 20 11 E 15.01 10033 184970.96 1674560.98 652.78 s 88°16 1 10 11 E 631. 77 10032 184951. 88 1675192.46 1284.55 s 00°05 1 48 11 w 21. 01 10061 184930.87 1675192. 42 1305.55 Closure Error Distance> 0.0020 Error Bearing> s 81°41'08 11 E Closure Precision> 1 in 658265.4 Total Distance> 1305. 55 LOT AREA, 11462 SQ FT OR 0.2631 ACRES LOT TRACT A OF BLOCK DIV4, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10062 184636.75 1675191.93 0.00 N 88°16 1 10 11 w 330.96 10063 184646.75 1674861.12 330.96 N 00°06 1 34n E 53.94 10053 184700.69 1674861.22 384.90 N 78°44 1 19 11 E 51. 01 10052 184 710. 65 1674911. 25 435. 91 N 83°54'15 11 E 50.30 10043 184715.99 1674961. 2 6 486.20 N 89°45'26 11 E 50.00 10038 184716.20 1675011.26 536.20 N 65°08 1 12 11 E 48.67 10037 184736.67 1675055.42 584.87 N 07°16'56 11 w 15.80 10036 184752.34 1675053.41 600.67 N 04°42 1 57" E 10.39 10035 184762.70 1675054.27 611.06 N 2904214211 E 10.39 10034 184771.81 1675059.26 621. 46 N 55°28 1 00 11 E 12.74 10049 184779.03 1675069.75 634.19 N 84°58'50 11 E 12.74 10048 184780.15 1675082.44 646. 93 s 80°15'44 11 E 17.87 10047 184777 .12 1675100.05 664.80 N 0002013011 E 42.73 10046 184784.29 1675142.18 707.53 s 84°32 1 40 11 E 11. 78 10059 184783.17 1675153.90 719.31 s 57°17'?.(l" F. -:_, .. 78 10U58 ll::l4'/ /6. l::U. .10, Sl6.j. 82 ?Jl.09 s 43°39'40" E 14.55 1005"/ 184766.28 1675173.86 745.64 N 82°14 1 41 11 E 18.46 10056 184768.77 1675192 .15 764.10 s 00°05 1 48 11 w 132.01 10062 184636.75 1675191. 93 896 .11 Closure Error Distance> 0.0150 Error Bearing> s 68°42 1 14 11 w Closure Precision> 1 in 59758.3 Total Distance> 896.11 LOT AREA: 32798 SQ FT OR 0.7529 ACRES ACCESS ESMT PNT# BEARING 10064 OF BLOCK DIV4, TYPE: LOT DISTANCE NORTHING 184836.31 30.36 10065 10041 10045 10055 S 00°06'34" W N 88°16'10 11 W N 00°06 1 34 11 E S 88°16 1 10 11 E 20.01 120.05 20.01 19.66 184835.39 184815.38 184819.01 184839.01 EASTING 1675011.13 1675041.48 1675041. 44 1674921. 45 1674921.49 STATION 0.00 30.36 50.37 170.42 190.43 10066 184838.42 1674941.14 210.08 RADIUS: 25.00 LENGTH: 39.98 CHORD: 35.85 DELTA: 91°37'01" CHORD BRG: N 45°55'20" E PC-R: N 01°43 1 50 11 E PT-R: N 89°53'11 11 W RADIUS POINT: 10067 184863.41,1674941.89 TANGENT: 25.72 10068 184863.36 1674966.89 250.06 N 00°06'49'1 E 10069 10070 s 00°06'49 11 w 74.32 20.01 75.74 184937.68 184937.08 1674967.04 324.38 1674987.04 344.39 10071 184861.34 1674986.89 420.13 RADIUS: 25. 00 LENGTH: 38.56 CHORD: 34.85 DELTA: 88°22'59" CHORD BRG: S 44°04'40" E PC-R: S 89°53'11 11 E PT-R: N 01°43'50" E RADIUS POINT: 10072 184861.29,1675011.89 TANGENT: 24.30 10064 184836.31 1675011.13 Closure Error Distance> O. 0075 Error Bearing> N 20°35 '04 11 E Closure Precision> 1 in 60930.7 Total Distance> 458.69 LOT AREA: 4671 SQ FT OR 0.1072 ACRES 458.69 LOT 1 OF BLOCK DIVS, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10025 185083.45 1674677.68 0.00 N 89°14 1 52 11 w 116. 46 10030 185084.98 1674561.23 116.46 N 00°07 1 20 11 E 50.77 10031 185135. 75 1674561.33 167.23. s 88°15 1 41 11 E 116.48 10022 185132.21 1674677. 76 283.71 s 00°05 1 48 11 w 48.76 10025 185083.45 1674677.68 332.47 Closure Error Distance> 0.0055 Error Bearing> s 26°33 1 37 11 w Closure Precision> 1 in 60676.6 Total Distance> 332.47 LOT AREA: 5795 SQ FT OR 0 .1330 ACRES LOT 2 PNT# BEARING 10023 OF BLOCK DIVS, TYPE: LOT DISTANCE NORTHING 184989.96 N 88°16'10 11 W 42.22 EASTING 1674627.52 STATION 0.00 10026 184991.24 1674585.32 42.22 RADIUS: 25.00 LENGTH: 38.57 CHORD: 34.86 DELTA: 88°23'30" CHORD BRG: N 44°04'25" W PC-R: N 01°43'50" E PT-R: S 89°52'40" E RADIUS POINT: 10027 185016.23,1674586.08 TANGENT: 24.31 10029 185016.28 1674561.08 80.79 N 00°07 1 20 11 E 68.70 10030 185084.98 1674561.23 149. 49 s 89°14'52" E 66.46 10024 185084 .11 1674627.68 215.95 s 00°05'48" w 94.15 10023 184989. 96 1674627.52 310.09 Closure Error Distance> 0.0072 Error Bearing> N 69°56'23 11 E Closure Precision> 1 in 43124.6 Total Distance> 310.09 LOT AREA: 6095 SQ FT OR 0 .1399 ACRES LOT 3 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10021 184988.45 1674677.52 0.00 N 88°16'10 11 w 50. 02 10023 184989.96 1674627.52 50.02 N 00°05 '48 11 E 94.15 10024 185084 .11 1674627. 68 144.17 s 89°14 1 52 11 E 50.00 10025 185083.45 1674677.68 194.17 s 00°05 1 48" w 95.00 10021 184988.45 1674677.52 289.17 Closure Error Distance> 0.0051 Error Bearing> s 35012 I 1411 E Closure Precision> 1 in 56917.2 Total Distance> 289.17 LOT AREA, 4729 SQ FT OR 0.1086 ACRES LOT 4 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10019 184986.94 1674727. 52 0.00 N 88°16 1 10 11 w 50.02 10021 184988.45 1674677.52 50.02 N QQOQS I 4911 E 143.76 10022 185132.21 1674677.76 193.78 s 88°15 1 41 11 E 50.02 10020 185130. 69 1674727. 76 243.80 s 00°05 1 48 11 w 143.75 10019 184986.94 1674727.52 387.55 Closure Error Distance> 0.0030 Error Bearing> S 03°46'30 11 E Closure Precision> 1 in 130180.3 Total Distance> 387.55 LOT AREA: 7188 SQ FT OR 0.1650 ACRES LOT 5 OF BLOCK DIVS, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10016 184985.43 1674777.51 0.00 N 88°16'10 11 w 50.02 10019 184986.94 1674727 .52 50.02 N 00°05'48 11 E 143.75 10020 185130. 69 1674727.76 193.77 s 88°15'41" E 50.02 10017 185129.18 1674777.76 243.79 s 00°05 1 48" w 143.75 10016 184985.43 1674777. 51 387.54 Closure Error Distance> 0.0070 Error Bearing> N 01°44'04" E Closure Precision> 1 in 55106.2 Total Distance> 387.54 LOT AREA: 7187 SQ FT OR 0.1650 ACRES LOT 6 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10014 184 983. 92 1674827.51 0.00 N 88°16 1 10'1 w 50.02 10016 184985.43 1674777. 51 50.02 N 00°05'48" E 143.75 10018 185129.18 1674777.76 193.77 s 88°15'41 11 E 50.02 10015 185127.66 1674827.75 243.79 s 00°05'48 11 w 143.74 10014 184983.92 1674827.51 387.53 Closure Error Distance> 0.0030 Error Bearing> s 03°46 1 30 11 E Closure Precision> 1 in 130170.8 Total Distance> 387.53 LOT AREA, 7187 SQ FT OR 0.1650 ACRES LOT 7 OF BLOCK DIVS, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10012 184982.41 1674877.51 o. ilo N 88°16'10 11 w 50.02 10014 184983.92 1674827.51 50.02 N 00°05'48 11 E 143.74 10015 185127.66 1674827.75 193.76 s 88°15 '41 11 E 50.02 10013 185126.14 1674877.75 243.78 s 0000514911 w 143.73 10012 184982.41 1674877. 51 387.51 Closure Error Distance> 0.0030 Error Bearing> S 03°46'30 11 E Closure Precision> 1 in 130166.1 Total Distance> 387.51 LOT AREA: 7187 SQ FT OR 0.1650 ACRES LOT 8 OF BLOCK DIVS, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10010 184980.75 1674932.51 o.oo N 88°16 1 10 11 w 55.02 10012 184982. 41 1674877.51 55.02 N 00°05 1 48 11 E 143.73 10013 185126.14 1674877.75 198.75 s 88°15 1 41 11 E 55.02 10011 185124.47 1674932.75 253.78 s 0000514911 w 143. 72 10010 184980.75 1674932.51 397.50 Closure Error Distance> 0.0023 Error Bearing> s 05°28'21 11 E Closure Precision> 1 in 174470.8 Total Distance> 397.50 LOT AREA: 7905 SQ FT OR 0.1815 ACRES LOT 9 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10008 184979.24 1674982.50 0.00 N 88°16 1 10 11 w 50.02 10010 184980.75 1674932.51 50.02 N 00°05 '48 ti E 143. 72 10011 185124.47 1674932.75 193.74 s 93015 I 4111 E 50.02 10009 185122.95 1674982.75 243.77 s 00°05'48 11 w 143.72 10008 184979.24 1674982.50 387.48 Closure Error Distance> 0.0070 Error Bearing> N 01°44'04" E Closure Precision> 1 in 55097.9 Total Distance> 387.48 LOT AREA, 7186 SQ FT OR 0.1650 ACRES LOT 10 OF BLOCK DIVS, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10006 184977.57 1675037.50 0.00 N 88°16'10 11 w 55.02 10008 184979.24 1674982.50 55.02 N 00°05 1 48" E 143.72 10009 185122.95. 1674982.75 198.74 s 88°15 1 41 11 E 55. 02 10007 185121.28 1675037.74 253.76 s 00°05 1 48 11 w 143. 71 10006 184977.57 1675037.50 397.47 Closure Error Distance> 0.0023 Error Bearing> S 05°28'21 11 E Closure Precision> 1 in 174457.8 Total Distance> 397.47 LOT AREA: 7904 SQ FT OR 0.1815 ACRES LOT 11 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10004 184976.06 1675087.50 0.00 N 88°16'10 11 w 50.02 10006 184977.57 1675037.50 50.02 N 0000514911 E 143.71 10007 185121.28 1675037.74 193.73 s 88°15 1 41 11 E 50.02 10005 185119.77 1675087.74 243.75 s 00°05 1 48 11 w 143.70 10004 184976.06 1675087.50 387.45 Closure Error Distance> 0.0030 Error Bearing> S 03°46 1 30'1 E Closure Precision> 1 in 130146.2 Total Distance> 387.45 LOT AREA, 7185 SQ FT OR 0.1650 ACRES LOT 12 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10001 184974.55 1675137.50 0.00 N 88°16'10 11 w 50.02 10004 184976.06 1675087.50 50.02 N 00°05'48 11 E 143.70 10005 185119. 77 1675087.74 193.72 s 88°15 '41 1' E 50.02 10002 185118.25 1675137. 74 243.74 s 00°05'48 11 w 143.70 10001 184974.55 1675137. 50 387.44 Closure Error Distance> 0.0070 Error Bearing> N 01°44 1 04" E Closure Precision> 1 in 55091. 7 Total Distance> 387.44 LOT AREA, 7185 SQ FT OR 0.1649 ACRES LOT 13 OF BLOCK DIVS, TYPE, LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10000 184 972. 89 1675192 .49 o.oo N 88°16 1 10 11 w 55.02 10001 184 974. 55 1675137 .so 55.02 N 0000514911 E 143.70 10002 185118 .25 1675137. 74 198.72 s 88°15'41 11 E 55.02 10003 185116.58 1675192.74 253.74 s 00°05 '48'1 w 143.69 10000 184972.89 1675192.49 397.43 Closure Error Distance> 0.0023 Error Bearing> S 05°28'21!1 E Closure Precision> 1 in 174438.6 Total Distance> 397.43 LOT AREA, 7903 SQ FT OR 0.1814 ACRES LOT BOUNDARY OF BLOCK DIVS, TYPE: LOT PNT# BEARING DISTANCE NORTHING EASTING STATION 10032 184951. BB 1675192.46 0.00 N 88°16'10 11 w 631. 76 10033 184970.96 1674560.98 631.76 N 00°07'20 11 E 164.78 10031 185135. 75 1674561.33 796.55 s 88°15'41 11 E 631. 69 10003 185116. 58 1675192.74 1428. 24 s 00°05 1 48 11 w 164.70 10032 184951.88 1675192.46 1592.94 Closure Error Distance> 0.0069 Error Bearing> N oa 0 09 1 4Q 11 w Closure Precision> 1 in 231919.7 Total Distance> 1592. 94 LOT AREA: 104029 SQ FT OR 2.3882 ACRES LOT ROW PNT# BEARING 10032 10033 OF BLOCK DIVS, TYPE, LOT DISTANCE NORTHING 184951.88 631.76 184970.96 N 00°07'20 11 E 45.32 10028 185016.28 EASTING 1675192.46 1674560.98 1674561.08 STATION 0.00 631. 76 677. 08 RADIUS, 25.00 LENGTH, 38.57 CHORD, 34.86 DELTA, 88'23'30" CHORD BRG: S 44°04'25 11 E PC-R: S 89°52'40 11 E PT-R: N 01°43 1 50 11 E RADIUS POINT, 10027 185016.23,1674586.08 TANGENT: 24.31 10026 184991.24 1674585.32 715.65 10000 10032 S 88°16'10 11 E s 00°05 1 48" w 607.45 21. 01 184972. 89 1675192.49 184951. 88 1675192.46 Closure Error Distance> 0.0104 Error Bearing> N 84°33'30" W Closure Precision> 1 in 129856.2 Total Distance> 1344.10 LOT AREA: 13393 SQ FT OR 0.3075 ACRES BLOCK DIVS TOTAL AREA: 208058 SQ FT OR 4.7763 ACRES BLOCK DIV4 TOTAL AREA: 217509 SQ FT OR 4.9933 ACRES TOTAL AREA: 425566 SQ FT OR 9.7697 ACRES 1323.10 1344.10 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 WEDGEWOOD LANE HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 3/24/2006 UBI Number: 602-597-697 APPID: 524637 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed. Secretary of State Printed: 08-04-2006 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUAOG-100 Receipt Number: Total Payment: 08/04/2006 11 :21 AM 1,000.00 Payee: Patrick Gilroy 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 Credit C VISA Visa Account Balances Trans Account Code Description 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 Prelirn/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 Horne 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 or Fence Review 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 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 1,000.00 Balance Due -00 .00 .00 .oo .00 .00 .00 .oo .00 .00 .00 .oo .00 .00 .00 .00 .oo .00 .00 .00 .00 .00 .00 .00 .00 AUG O ~ 2006 RECEIVED R0603919